Western Australian Consolidated Regulations

MAGISTRATES COURT (CIVIL PROCEEDINGS) 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.      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 or business 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.    Terms used  
   124.    Applications to which this Division applies  
   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  
   129AB.  Animal Welfare Act 2002  
   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.   National Consumer Credit Protection Act 2009 (Commonwealth)  
   131B.   Prohibited Behaviour Orders Act 2010  
   131C.   Weapons Act 1999

           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  
   138.    Residential Tenancies Act 1987 s. 18
           Compilation table