Western Australian Current Acts Western Australian Current Acts (1) No misnomer or
inaccurate description of any person or place or any process or document in
any proceedings in a warden’s court under this Act vitiates the process
or document or the proceedings if the person or place is named or described
therein so as to be commonly known.
(2) No proceedings in
a warden’s court under this Act shall be dismissed or vitiated by any
informality, but a warden’s court has power at any time to amend all
defects and errors in such proceedings, whether there is anything in writing
to amend or not.
(3) The power to amend
as provided in subsection (2), may be exercised with or without an order as to
costs being made.
(4) Upon due
application in that behalf being made, all such amendments as may be necessary
for determining in the existing proceedings the real question in issue between
the parties thereto shall be allowed.
(5) Any amendments
referred to in subsections (2) and (4) may be allowed upon such terms and
conditions as to an adjournment of the proceedings or otherwise, as the
warden’s court determines.
[Section 142 amended: No. 100 of 1985 s. 102; No.
39 of 2004 s. 75.]