Western Australian Consolidated Regulations Western Australian Consolidated Regulations
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. Application of these rules
PART 2 -- Claims generally
6. Application of this Part
7. Making an originating claim
8. Making a counterclaim or third party claim
9. Response to a claim
PART 3 -- Claims to recover possession of real property
13. Making a claim to recover possession of real property
14. Notice demanding possession
15. Service of the claim
16. Registrar to list case for listing conference
PART 5 -- Failure to defend a claim
20. Application of this Part
21. Default judgment for a specified amount
22. Default judgment for an unspecified amount
23. Default judgment for claim to recover possession of personal property
24. Registrar not to give judgment in certain cases
25. Registrar to list application
26. Registrar may order costs after giving judgment
PART 6 -- Admission and discontinuance
27. Party may admit fact
28. Invitation to admit an alleged fact
29A. Party may admit claim
29B. Party may admit part of claim
29C. Party may admit liability but dispute amount claimed
29. Party may discontinue claim
PART 7 -- Disclosure of documents
30. Party must disclose documents when ordered
31. Affidavit of disclosure
32. Objection to disclosure of documents
33. Inspection of documents
34. Production of documents at trial
PART 8 -- Answers to interrogatories
35. Application for an order for answers to interrogatories
36. Party must answer interrogatories when ordered
37. Affidavit of answers
PART 9 -- Pre-trial conferences
39. Listing a pre-trial conference
40. Pre-trial conference, purpose of
41A. Statement of claim
41B. Statement of defence
41C. Objection to counterclaim (s. 9(4))
41D. Amending a case statement
41. Attendance of parties at pre-trial conferences
42. Listing the case for further pre-trial conference or trial
43A. Listing conference memoranda
43. Status of things said or done at a pre-trial conference
PART 10 -- Listing conferences
45. Listing conference, purpose of
46. Attendance of parties at listing conferences
47. Listing a case for trial
48. Listing conferences to be conducted in private
PART 11 -- Mediation
49. Mediation conference
50. Attendance of parties at mediation conferences
51. Outcome of mediation
52. Further listing conference if case not settled
PART 12 -- Consent orders and settlement
Division 1 -- Consent
53. Memorandum of consent
54. Registrar may make consent orders or give judgment
55. Notice of consent by one party
56. Settling claims involving a person under a legal disability
Division 2 -- Offers of settlement
57. Making an offer of settlement
58. Offers are to be confidential and made without prejudice
59. Acknowledging the receipt of an offer of settlement
60. Period within which an offer may be accepted
61. Accepting an offer of settlement
62. Period within which offered sums must be paid
63. Withdrawing an acceptance of offer of settlement
64. Registrar may give judgment
65. Orders for post-offer costs
PART 13 -- Trial
Division 1 -- General
66. Terms used
67. Who is to be the first party
68. Order of opening addresses and evidence
69. Order of closing addresses
70. Attendance of parties at trial
Division 2 -- Witnesses
71. Issuing a witness summons
72. Directions for expert witnesses
73. Directions for evidence of children and special witnesses
74. Party may adduce affidavit evidence at trial if there is no objection
Division 3 -- Exhibits
75. Receiving records into evidence
76. Return of exhibits after trial
PART 14 -- Orders and judgments
77. Money paid to person under a legal disability
78. Requests for certificate of judgment
79. Setting aside summary judgment or default judgment
80. Decisions of registrars
PART 15 -- Costs
Division 1 -- Assessments
81. Bill of costs
82. Objection to bill of costs
83. Assessment when objection made
84. Assessment when no objection made
85. Form of bill
86. Conduct of assessments
Division 2 -- Determining value of claim
87. Determination under this Division
88. Claim successful and no successful counterclaim
89. Claim and counterclaim successful
90. Claim unsuccessful and counterclaim successful
91. Claim and counterclaim unsuccessful
92. Claims by or against third parties
93. Claims to recover possession of real property
94. Claims to recover possession of personal property
PART 16 -- Lodging documents
95. Term used: lodge
96. Registry at which documents must be lodged
97. Documents may be lodged by hand delivery or pre-paid post
98. Certain documents may be lodged electronically or by fax
99. Registrar’s refusal to accept documents
PART 17 -- Serving documents
Division 1 -- General
100. Term used: serve
101. How documents may be served
102. Residential, business or postal address for service
103. Documents served by enforcement officer
104. Documents served by other persons
Division 2 -- Personal service
105. Service of a document on an individual
106. Service of a document on a partnership
107. Service on a corporation personally
108. Service of a document on a public authority
Division 3 -- Miscellaneous
109A. Substituted service
PART 18 -- Applications
109. Making an application for a Court order except judgment
110. Supporting affidavit to be lodged with application
111. Application must be served
112. Response to an application
113. Dealing with an application
PART 19 -- Affidavits
114. Form of an affidavit
115. Content of an affidavit
PART 20 -- Litigation guardians
116. Terms used
117. Application of this Part
118. Litigation guardians of represented persons
119. Litigation guardian of represented person must lodge an affidavit
120. Litigation guardian of a child
121. Duties of litigation guardian of a child
122. Application for appointment as litigation guardian
PART 21 -- Jurisdiction conferred by other Acts
Division 1 -- General
123. Term used: conferring Act
124. Application of this Division
125. Form of application
126. Application must be served
127. Registrar to list case for listing conference
128. Application of rules generally
129A. Dealing with an application
129B. Criminal and Found Property Disposal Act 2006
129C. Criminal Investigation Act 2006
129. Disposal of Uncollected Goods Act 1970
130. Fines, Penalties and Infringement Notices Enforcement Act 1994
131A. Residential Tenancies Act 1987
Division 2 -- Civil Judgments Enforcement Act 2004
131. Means inquiries
132. Other applications and requests dealt with by registrars
PART 22 -- Miscellaneous
133A. Changing venue
133B. Corrections to typographical and other errors
133. Availability of forms
134. Partnerships
135. Requirements on parties may be carried out by certain persons
136. Cases remitted from a superior court
137. Payments into Court
Compilation table
[Reprinted under the Reprints Act 1984 as at 17 July 2009]