Western Australian Current Acts Western Australian Current Acts (1) Except as
otherwise provided by this Act, all jurisdiction, whether original or
appellate, which immediately before the commencement of this Act was vested in
or capable of being exercised by the Court, or by any one or more of the
judges thereof sitting in court or chambers, or elsewhere when acting as
judges, or a judge, by, under, or by virtue of any Imperial Act or any Act of
the Parliament of Western Australia, shall (notwithstanding that the same was
conferred by an Imperial Act or an Act of the Parliament of Western Australia
repealed by this Act) be exercised, so far as regards procedure and practice,
in the manner provided by this Act and the rules of court; but where no
provision, or no appropriate provision, as to the exercise of any such
jurisdiction is contained in this Act or in the rules of court, such
jurisdiction shall be exercised as nearly as may be in the same manner as the
same might have been exercised if this Act had not passed, or in such manner
as the Court or a judge may in each case direct.
(2) Except as is
otherwise provided by this Act, and subject to the provisions of any
Commonwealth Act, all the jurisdiction whether original or appellate, which
immediately before the commencement of this Act was vested in or capable of
being exercised by the Court, or any one or more of the judges thereof sitting
in court or chambers, or elsewhere when acting as judges, or a judge by,
under, or by virtue of any Commonwealth Act, shall be exercised so far as
regards procedure and practice in the manner provided by the rules of court;
but where no provision as to the exercise of such jurisdiction is contained in
this Act or the rules of court, such jurisdiction shall be exercised as nearly
as may be in the same manner as the same might have been exercised if this Act
had not passed.
(3) Any jurisdiction,
whether original or appellate, which is conferred on or vested in the Court,
or any one or more of the judges thereof sitting in court or chambers, or
elsewhere when acting as judges, or a judge, after the commencement of this
Act (whether by statute or otherwise), shall (except as otherwise provided by
any such statute) be exercised (so far as regards procedure and practice) in
the manner provided by this Act and the rules of court; or if no provision, or
no appropriate provision, as to the exercise of any such jurisdiction is
contained in this Act or in the rules of court, then such jurisdiction shall
be exercised in such form, mode, and manner as the Court or a judge may from
time to time direct.
(4) Where any statute
passed after the commencement of this Act, or any order, rule, regulation, or
other instrument made under or by virtue of any such statute confers any
jurisdiction, whether original or appellate, on the Court or on the Court or a
judge thereof, such jurisdiction shall (except as otherwise provided by any
such statute) be exercised so far as regards procedure and practice in the
manner directed by subsection (3).
[Section 21 amended: No. 14 of 1991 s. 4.]