Western Australian Consolidated Regulations

MAGISTRATES COURT (MINOR CASES PROCEDURE) RULES 2005

TABLE OF PROVISIONS

   PART 1 -- Preliminary  

   1.      Citation  
   2.      Commencement  
   3.      These rules to be read with the Magistrates Court (General) Rules 2005  
   4.      Terms used  
   5.      When these rules apply  
   6A.     Exercise of Court’s powers in Part 3 of the Act  

   PART 2 -- How to make and defend a claim generally  

   6.      When this Part applies  
   7.      How to make a claim that starts a case  
   8.      How to make a counterclaim or third party claim  
   9.      How to respond to a claim  
   10A.    If you admit a claim  
   10B.    If you admit part of a claim  
   10C.    You may admit liability but dispute the amount claimed  
   10.     How to accept an offer of settlement  

   PART 3 -- How to make a consumer/trader claim  

   11.     How to make a consumer/trader claim  
   12.     Service of the claim  
   13A.    If someone has made a consumer/trader claim against you  
   13.     Registrar to list case for listing conference  
   14.     Listing conference  
   15.     Attendance of parties at listing conferences  

   PART 4 -- If you or another party does not defend a claim  

   16.     When this Part applies  
   17.     If the claim is for a specified amount  
   18.     If the claim is for an unspecified amount  
   19.     If the claim against you is to recover possession of personal property  
   20.     Registrar may give default judgment in absence of parties  
   21.     Registrar not to give judgment in certain cases  
   22.     Registrar to list application  
   23A.    Registrar may order costs after giving judgment  

   PART 5 -- Pre-trial conferences  

   23.     Listing a pre-trial conference  
   24.     What happens at a pre-trial conference  
   25A.    Lodging a statement of your claim  
   25B.    Lodging a statement of your defence  
   25C.    List of documents you might tender at trial  
   25.     If there is a counterclaim that is not a minor case  
   26.     Your attendance at a pre-trial conference or hearing  
   27.     Listing the case for trial  
   28.     Status of things said or done at a pre-trial conference  

   PART 6 -- Mediation  

   29.     Mediation conference  
   30.     Attendance of parties at mediation conferences  
   31.     Outcome of mediation  
   32.     Further pre-trial conference if case not settled  

   PART 7 -- Consent orders and settlement  

   33.     Memorandum of consent  
   34.     Registrar may make consent orders or give judgment  
   35.     When the rules require your consent  
   36.     Settling claims involving a person under a legal disability  

   PART 8 -- Trial  

   37.     How the trial of your case is to be conducted  
   38.     Your attendance at trial  
   39.     How to call witnesses  
   40.     Return of things after trial  

   PART 9 -- Orders and judgments  

   41.     Money paid to you if you are a person under a legal disability  
   42.     Setting aside default judgment  
   43.     Decisions of registrars  
   44.     Requests for certificate of judgment  

   PART 10 -- How to lodge documents  

   45.     How to lodge a document  
   46.     Where you may lodge a claim that starts a case  
   47.     If a registrar refuses to accept your document for lodgment  
   48.     You may lodge documents by hand delivery or pre-paid post  
   49.     Lodging documents electronically or by fax  

   PART 11 -- How to serve documents  

           Division 1 -- General  

   50.     Meaning of serve  
   51.     How to serve a document  
   52.     An enforcement officer may serve documents for you  
   53.     You must lodge an affidavit after serving a document  

           Division 2 -- Service at a residential, business or postal address  

   54.     Your address must be on each document  
   55.     If you are not represented  
   56.     If you are represented  
   57.     If your address changes  

           Division 3 -- Personal service  

   58.     Service on an individual personally  
   59.     Service on a partnership personally  
   60.     Service on a corporation personally  
   61.     Service on a public authority personally  

           Division 4 -- Miscellaneous  

   62A.    Applications for substituted service  

   PART 12 -- How to make an application  

   62.     How to make a written application  
   63.     Your supporting affidavit  
   64.     Application must be served  
   65.     Response to an application  
   66.     How the Court will deal with your application  

   PART 13 -- Affidavits  

   67.     Form of an affidavit  
   68.     Content of an affidavit  

   PART 14 -- If you need a litigation guardian  

   69.     Terms used  
   70.     When this Part applies  
   71.     If you are a represented person  
   72.     Affidavit your litigation guardian must lodge and serve if you are a represented person  
   73.     If you are a child  
   74.     Affidavits your litigation guardian must lodge and serve if you are a child  
   75.     Person may apply to be appointed your litigation guardian  

   PART 15 -- Miscellaneous  

   76A.    If you are making an application under the Residential Tenancies Act 1987  
   76B.    If you want to change venues  
   76C.    If you want to correct typographical and other errors  
   76.     You may discontinue claim  
   77.     Availability of forms  
   78.     Partnership name may be used  
   79.     When you are required to do things personally and you are not an individual  
   80.     Payments into Court  
   81.     Registrar’s powers under the Civil Judgments Enforcement Act 2004  
           Compilation table
           
[Reprinted under the Reprints Act 1984 as]