Western Australian Current Acts Western Australian Current Acts (1) In this Act,
unless the context otherwise requires: —
action means a civil proceeding commenced by writ
or in such other manner as may be prescribed by rules of court, but does not
include any criminal proceeding;
cause includes any action, suit or other original
proceeding between a plaintiff and defendant, and any criminal proceeding;
Chief Justice means the Chief Justice of Western
Australia and includes a judge appointed to act in the office of Chief Justice
under section 10(3);
Court means the Supreme Court of Western
Australia;
Court of Appeal means the division of the Supreme
Court referred to in section 7(1)(b);
Court of Appeal Registrar means the Court of
Appeal Registrar appointed as described in section 155(1) and includes a duly
appointed acting Court of Appeal Registrar;
defendant includes any person served with any writ
of summons or other process, or served with notice of, or entitled to attend
any proceedings;
inferior court includes the Magistrates Court or
any other inferior court;
issue of fact includes the assessment of damages
in any cause;
judge of appeal means a judge of the Supreme Court
who also holds a commission as a judge of appeal;
judgment includes decree;
jurisdiction includes all powers and authorities
incident to the exercise of jurisdiction;
master means a master of the Supreme Court
appointed under the provisions of this Act and includes a duly appointed
acting master;
matrimonial cause means any action for dissolution
of marriage, nullity of marriage, judicial separation, jactitation of
marriage, or restitution of conjugal rights;
matter includes every proceeding in the Court, not
in a cause;
officer of Court includes a referee;
order includes rule;
owner when used with reference to a vessel,
includes any person other than the owner responsible for the fault of the
vessel, as though the term owner included such person; and in any case where
by virtue of any charter or demise, or for any other reason, the owner is not
responsible for the navigation and management of the vessel, the expression
owner shall be read as though for references to the owner there were
substituted references to the charterer or other person for the time being so
responsible; and when used with reference to any cargo or property on board a
vessel, means any person entitled to maintain an action against a wrongdoer in
respect of any direct and immediate injury to such cargo or property; and it
includes a part owner;
party includes every person served with notice of
or attending any proceeding, although not named on the record;
person includes a corporation sole, and any body
corporate, and any public body;
petitioner includes every person making any
application to the Court, either by petition, motion, or summons, otherwise
than as against any defendant;
plaintiff includes every person asking any relief
(otherwise than by way of counter-claim as a defendant) against any other
person by any form of proceeding, whether the proceeding is by action, suit,
petition, motion, summons or otherwise;
pleading includes any petition or summons, and
also includes the statements in writing of the claim or demand of the
plaintiff, and of the defence of any defendant thereto, and of a counter-claim
(if any) of a defendant, and of the reply of the plaintiff to any
counter-claim of a defendant, and any subsequent pleading;
prescribed means prescribed by rules of court;
President means the President of the Court of
Appeal;
Principal Registrar means the Principal Registrar
of the Supreme Court appointed under the provisions of this Act, and includes
a duly appointed acting Principal Registrar;
registrar means a registrar of the Supreme Court
appointed under the provisions of this Act and includes a duly appointed
acting or deputy registrar;
rules of court includes forms;
statute means any Imperial Act in force in this
State and any Commonwealth Act and any Act of the Parliament of Western
Australia, and includes this Act;
suit includes action.
(2) For the purposes
of this Act, legal experience is —
(a)
standing and practice as a legal practitioner; or
[(b) deleted]
(c)
judicial service (including service as a judge of a court, a magistrate or
other judicial officer) in the State or elsewhere in a common law
jurisdiction; or
(d) a
combination of both kinds of legal experience defined in this subsection.
[Section 4 amended: No. 21 of 1954 s. 2; No. 67 of
1979 s. 4; No. 7 of 1982 s. 3; No. 47 of 1983 s. 13; No. 37 of 1989 s. 4; No.
57 of 1997 s. 118; No. 65 of 2003 s. 69(2), 119(2), (3) and 130(2); No. 45 of
2004 s. 4; No. 59 of 2004 s. 128; No. 24 of 2005 s. 28; No. 21 of 2008 s.
709(2) and (3); No. 9 of 2022 s. 424.]