Western Australian Current Acts Western Australian Current Acts[s. 13]
[Heading inserted: No. 24 of 2005 s. 36.]
I, [ name ], [ insert an oath or affirmation according to the Oaths,
Affidavits and Statutory Declarations Act 2005 ] that I will faithfully serve
the people and the State of Western Australia in the office of [ title of
office ] of the Supreme Court of Western Australia and I will do right to all
manner of people, according to law, without fear or favour, affection or ill
will.
[Second Schedule inserted: No. 24 of 2005 s. 36.]
This is a compilation of the Supreme Court Act 1935 and includes amendments
made by other written laws. For provisions that have come into operation, and
for information about any reprints, see the compilation table. For provisions
that have not yet come into operation see the uncommenced provisions table.
Compilation table
|
Short title |
Number and year |
Assent |
Commencement |
|---|---|---|---|
|
36 of 1935 |
3 Mar 1936 |
1 May 1936 (see s. 1 and Gazette 9 Apr 1936 p. 527). | |
|
8 of 1937 |
8 Dec 1937 |
8 Dec 1937 | |
|
Supreme Court Act Amendment Act 1945 |
10 of 1945 |
13 Dec 1945 |
13 Dec 1945 |
|
Supreme Court Act Amendment Act 1945 9 |
35 of 1945 |
27 Mar 1946 |
17 May 1946 (see Gazette 17 May 1946 p. 491). |
|
Supreme Court Act Amendment Act 1946 |
50 of 1946 |
24 Jan 1947 |
24 Jan 1947 |
|
Supreme Court Act Amendment Act 1947 |
9 of 1947 |
10 Oct 1947 |
10 Oct 1947 |
|
Matrimonial Causes and Personal Status Code 1948 s. 3(1) |
73 of 1948 |
4 Mar 1949 |
1 Jan 1950 (see s. 1 and Gazette 19 Oct 1949 p. 2499) |
|
Acts Amendment (Increase in number of Judges of the Supreme Court) Act 1949 s.
2 |
17 of 1949 |
24 Sep 1949 | |
|
35 of 1950 |
16 Dec 1950 |
16 Dec 1950 | |
|
Supreme Court Act Amendment Act 1954 |
21 of 1954 |
7 Oct 1954 |
7 Oct 1954 |
|
Limitation Act 1935 s. 48A(1) |
35 of 1935 |
14 Jan 1955 |
Relevant amendment (see s. 48A and Second Sch. 11 ) took effect on 1 Mar 1955
(see No. 73 of 1954 s. 2 and Gazette 18 Feb 1955 p. 343) |
|
Supreme Court Act Amendment Act 1957 |
63 of 1957 |
6 Dec 1957 |
6 Dec 1957 |
|
Juries Act 1957 s. 2 |
50 of 1957 |
9 Dec 1957 |
1 Jul 1960 (see s. 1(2) and Gazette 6 Mar 1959 p. 539) |
|
Reprint of the Supreme Court Act 1935 approved 30 Sep 1958 in Vol. 13 of
Reprinted Acts (includes amendments listed above) | |||
|
Supreme Court Act Amendment Act 1960 |
5 of 1960 |
6 Oct 1960 |
6 Oct 1960 |
|
Foreign Judgments (Reciprocal Enforcement) Act 1963 s. 4 |
12 of 1963 |
5 Nov 1963 |
1 Sep 1969 (see s. 2 and Gazette 22 Aug 1969 p. 2379) |
|
Supreme Court Act Amendment Act 1964 |
39 of 1964 |
12 Nov 1964 |
12 Nov 1964 |
|
113 of 1965 |
21 Dec 1965 |
Act other than s. 4-9: 21 Dec 1965 (see s. 2(1)); | |
|
32 of 1969 |
19 May 1969 |
1 Aug 1969 (see s. 2 and Gazette 27 Jun 1969 p. 1873) | |
|
Supreme Court Act Amendment Act 1971 |
39 of 1971 |
10 Dec 1971 |
10 Dec 1971 |
|
Supreme Court Act Amendment Act 1974 |
56 of 1974 |
3 Dec 1974 |
1 Mar 1975 (see s. 2 and Gazette 14 Feb 1975 p. 505) |
|
Supreme Court Act Amendment Act 1975 |
57 of 1975 |
24 Oct 1975 |
Act other than s. 6 and 7: 24 Oct 1975 (see s. 2(1)); |
|
Supreme Court Act Amendment Act 1976 |
20 of 1976 |
3 Jun 1976 |
3 Jun 1976 |
|
Supreme Court Act Amendment Act (No. 2) 1976 |
110 of 1976 |
25 Nov 1976 |
25 Nov 1976 |
|
Acts Amendment (Expert Evidence) Act 1976 Pt. II |
111 of 1976 |
25 Nov 1976 |
25 Nov 1976 |
|
Acts Amendment (Supreme Court and District Court) Act 1978 Pt. II |
112 of 1978 |
12 Dec 1978 |
1 Apr 1970 (see s. 2) |
|
Acts Amendment (Master, Supreme Court) Act 1979 Pt. I |
67 of 1979 |
21 Nov 1979 |
11 Feb 1980 (see s. 2 and Gazette 8 Feb 1980 p. 383) |
|
Reprint of the Supreme Court Act 1935 approved 12 May 1980 (includes
amendments listed above) | |||
|
Supreme Court Amendment Act 1982 |
3 of 1982 |
6 May 1982 |
6 May 1982 |
|
Acts Amendment (Judicial Appointments) Act 1982 Pt. I |
7 of 1982 |
6 May 1982 |
6 May 1982 |
|
10 of 1982 |
14 May 1982 |
1 Jul 1982 (see s. 2(1) and Gazette 25 Jun 1982 p. 2079) | |
|
Supreme Court Amendment Act (No. 2) 1982 |
47 of 1982 |
6 Sep 1982 |
20 Jun 1983 (see s. 2 and Gazette 3 Jun 1983 p. 1675) |
|
Supreme Court Amendment Act 1983 |
47 of 1983 |
1 Dec 1983 |
1 Dec 1983 |
|
Supreme Court Amendment Act 1984 |
9 of 1984 |
18 May 1984 |
18 May 1984 |
|
Acts Amendment (Insolvent Estates) Act 1984 Pt. IV 7 |
72 of 1984 |
26 Nov 1984 |
24 Dec 1984 |
|
Acts Amendment and Repeal (Credit) Act 1984 Pt. VIII |
102 of 1984 |
19 Dec 1984 |
31 Mar 1985 (see s. 2 and Gazette 8 Mar 1985 p. 867) |
|
109 of 1985 |
7 Jan 1986 |
1 Apr 1986 (see s. 2 and Gazette 28 Feb 1986 p. 605) | |
|
Supreme Court Amendment Act 1986 |
22 of 1986 |
25 Jul 1986 |
s. 1 and 2: 25 Jul 1986; |
|
Reprint of the Supreme Court Act 1935 as at 25 Jul 1986 (includes amendments
listed above except those in the Supreme Court Amendment Act 1986 ) | |||
|
Acts Amendment (Actions for Damages) Act 1986 Pt. III 8 |
50 of 1986 |
4 Aug 1986 |
18 Aug 1986 (see s. 2 and Gazette 15 Aug 1986 p. 2925) |
|
Acts Amendment (Legal Practitioners, Costs and Taxation) Act 1987 Pt. III |
65 of 1987 |
1 Dec 1987 |
12 Feb 1988 (see s. 2(2) and Gazette 12 Feb 1988 p. 397) |
|
Judges’ Salaries and Pensions Amendment Act 1987 s. 8 |
82 of 1987 |
1 Dec 1987 |
1 Dec 1987 (see s. 2) |
|
Supreme Court Amendment Act 1988 |
14 of 1988 |
6 Sep 1988 |
6 Sep 1988 (see s. 2) |
|
Supreme and Family Courts (Miscellaneous Amendments) Act 1989 Pt. 2 |
37 of 1989 |
21 Dec 1989 |
21 Dec 1989 (see s. 2) |
|
Supreme Court Amendment Act 1990 |
25 of 1990 |
18 Sep 1990 |
18 Sep 1990 (see s. 2) |
|
Supreme and District Courts (Miscellaneous Amendments) Act 1991 Pt. 2 |
14 of 1991 |
21 Jun 1991 |
21 Jun 1991 (see s. 2) |
|
Supreme Court Amendment Act 1993 |
3 of 1993 |
18 Aug 1993 |
18 Aug 1993 (see s. 2) |
|
Financial Administration Legislation Amendment Act 1993 s. 11 |
6 of 1993 |
27 Aug 1993 |
1 Jul 1993 (see s. 2(1)) |
|
Acts Amendment (Public Sector Management) Act 1994 s. 3(2) |
32 of 1994 |
29 Jun 1994 |
1 Oct 1994 (see s. 2 and Gazette 30 Sep 1994 p. 4948) |
|
Reprint of the Supreme Court Act 1935 as at 23 Nov 1995 (includes amendments
listed above) | |||
|
Supreme Court Amendment Act 1996 |
3 of 1996 |
24 May 1996 |
s. 1 and 2: 24 May 1996; |
|
Local Government (Consequential Amendments) Act 1996 s. 4 |
14 of 1996 |
28 Jun 1996 |
1 Jul 1996 (see s. 2) |
|
30 of 1996 |
10 Sep 1996 |
1 Nov 1996 (see s. 2) | |
|
Financial Legislation Amendment Act 1996 s. 64 |
49 of 1996 |
25 Oct 1996 |
25 Oct 1996 (see s. 2(1)) |
|
69 of 1996 |
13 Nov 1996 |
13 Nov 1997 (see s. 2) | |
|
Acts Amendment (Auxiliary Judges) Act 1997 Pt. 10 |
23 of 1997 |
18 Sep 1997 |
18 Sep 1997 (see s. 2) |
|
Statutes (Repeals and Minor Amendments) Act 1997 s. 118 |
57 of 1997 |
15 Dec 1997 |
15 Dec 1997 (see s. 2(1)) |
|
Statutes (Repeals and Minor Amendments) Act (No. 2) 1998 s. 76 |
10 of 1998 |
30 Apr 1998 |
30 Apr 1998 (see s. 2(1)) |
|
Supreme Court Amendment Act 1998 |
31 of 1998 |
3 Jul 1998 |
3 Jul 1998 (see s. 2) |
|
Reprint of the Supreme Court Act 1935 as at 23 Jul 1999 (includes amendments
listed above) | |||
|
27 of 2000 |
6 Jul 2000 |
s. 17- 20: 6 Jul 2000 (see s. 2(1)); | |
|
Reprint of the Supreme Court Act 1935 as at 9 Feb 2001 (includes amendments
listed above except those in the Courts Legislation Amendment Act 2000 s. 21-
25) | |||
|
23 of 2002 |
18 Sep 2002 |
28 Sep 2002 (see s. 2 and Gazette 27 Sep 2002 p. 4877) | |
|
Corporations (Consequential Amendments) Act (No. 2) 2003 Pt. 24 |
20 of 2003 |
23 Apr 2003 |
15 Jul 2001 (see s. 2(1) and Cwlth Gazette 13 Jul 2001 No. S285) |
|
Acts Amendment (Equality of Status) Act 2003 s. 127 and Pt. 57 |
28 of 2003 |
22 May 2003 |
1 Jul 2003 (see s. 2 and Gazette 30 Jun 2003 p. 2579) |
|
Acts Amendment and Repeal (Courts and Legal Practice) Act 2003 s. 69, 119 and
130 |
65 of 2003 |
4 Dec 2003 |
1 Jan 2004 (see s. 2 and Gazette 30 Dec 2003 p. 5722) |
|
Statutes (Repeals and Minor Amendments) Act 2003 s. 144(3) |
74 of 2003 |
15 Dec 2003 |
15 Dec 2003 (see s. 2) |
|
Workers’ Compensation Reform Act 2004 s. 174 |
42 of 2004 |
9 Nov 2004 |
4 Jan 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7131) |
|
Acts Amendment (Court of Appeal) Act 2004 Pt. 2 3, 13 |
45 of 2004 (as amended by No. 2 of 2008 s. 75(2)) |
9 Nov 2004 |
Pt. 2 other than s. 14, 20(c) and (d) and Pt. 5: 1 Feb 2005 (see s. 2 and
Gazette 14 Jan 2005 p. 163); |
|
Courts Legislation Amendment and Repeal Act 2004 Pt. 18 14, 15 |
59 of 2004 (as amended by No. 2 of 2008 s. 77(5); No. 5 of 2008 s. 24) |
23 Nov 2004 |
1 May 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7128) |
|
Criminal Procedure and Appeals (Consequential and Other Provisions) Act 2004
Pt. 14 |
84 of 2004 |
16 Dec 2004 |
2 May 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7129 (correction in Gazette
7 Jan 2005 p. 53)) |
|
Reprint 7: The Supreme Court Act 1935 as at 19 Aug 2005 (includes amendments
listed above) | |||
|
Limitation Legislation Amendment and Repeal Act 2005 Pt. 8 16 |
20 of 2005 |
15 Nov 2005 |
15 Nov 2005 (see s. 2(1)) |
|
Oaths, Affidavits and Statutory Declarations (Consequential Provisions) Act
2005 Pt. 9 |
24 of 2005 |
2 Dec 2005 |
1 Jan 2006 (see s. 2(1) and Gazette 23 Dec 2005 p. 6244) |
|
Financial Legislation Amendment and Repeal Act 2006 s. 4 |
77 of 2006 |
21 Dec 2006 |
1 Feb 2007 (see s. 2(1) and Gazette 19 Jan 2007 p. 137) |
|
Wills Amendment Act 2007 s. 25 |
27 of 2007 |
26 Oct 2007 |
9 Feb 2008 (see s. 2 and Gazette 8 Feb 2008 p. 313) |
|
Acts Amendment (Justice) Act 2008 Pt. 23 |
5 of 2008 |
31 Mar 2008 |
30 Sep 2008 (see s. 2(d) and Gazette 11 Jul 2008 p. 3253) |
|
Bail Amendment Act 2008 s. 46 |
6 of 2008 |
31 Mar 2008 |
1 Mar 2009 (see s. 2(b) and Gazette 27 Feb 2009 p. 511) |
|
Legal Profession Act 2008 s. 709 |
21 of 2008 |
27 May 2008 |
1 Mar 2009 (see s. 2(b) and Gazette 27 Feb 2009 p. 511) |
|
Reprint 8: The Supreme Court Act 1935 as at 7 Nov 2008 (includes amendments
listed above except those in the Bail Amendment Act 2008 and the Legal
Profession Act 2008 ) | |||
|
Statutes (Repeals and Miscellaneous Amendments) Act 2009 s. 9 |
8 of 2009 |
21 May 2009 |
22 May 2009 (see s. 2(b)) |
|
Credit (Commonwealth Powers) (Transitional and Consequential Provisions) Act
2010 s. 13 |
14 of 2010 |
25 Jun 2010 |
1 Jul 2010 (see s. 2(b) and Gazette 30 Jun 2010 p. 3185) |
|
Standardisation of Formatting Act 2010 s. 4, 44(2) and 51 |
19 of 2010 |
28 Jun 2010 |
11 Sep 2010 (see s. 2(b) and Gazette 10 Sep 2010 p. 4341) |
|
Statutes (Repeals and Minor Amendments) Act 2011 s. 27 |
47 of 2011 |
25 Oct 2011 |
26 Oct 2011 (see s. 2(b)) |
|
Reprint 9: The Supreme Court Act 1935 as at 6 Jan 2012 (includes amendments
listed above) | |||
|
23 of 2012 |
29 Aug 2012 |
7 Aug 2013 (see s. 1B(b) and Gazette 6 Aug 2013 p. 3677) | |
|
Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Pts. 3 Div.
20 |
20 of 2013 |
4 Nov 2013 |
25 Nov 2013 (see s. 2(b) and Gazette 22 Nov 2013 p. 5391 ) |
|
Courts Legislation Amendment Act 2018 Pt. 4 |
29 of 2018 |
2 Nov 2018 |
3 Nov 2018 (see s. 2(b)) |
|
9 of 2022 |
14 Apr 2022 |
1 Jul 2022 (see s. 2(c) and SL 2022/113 cl. 2) | |
|
Criminal Appeals Amendment Act 2022 Pt. 3 Div. 4 |
18 of 2022 |
24 Jun 2022 |
1 Jan 2023 (see s. 2(b) and SL 2022/212 cl. 2) |
|
Marine Safety (Domestic Commercial Vessel National Law Application) Act 2023
Pt. 10 Div. 7 |
24 of 2023 |
24 Oct 2023 |
21 Dec 2023 (see s. 2(b) and SL 2023/203 cl. (2(b)) |
To view the text of the uncommenced provisions see Acts as passed on the WA
Legislation website.
|
Short title |
Number and year |
Assent |
Commencement |
|---|---|---|---|
|
State Superannuation (Transitional and Consequential Provisions) Act 2000
s. 68 |
43 of 2000 |
2 Nov 2000 |
To be proclaimed (see s. 2(2)) |
1 Footnote no longer applicable.
2 The Interpretation Act 1918 was repealed by the
Interpretation Act 1984.
3 The Acts Amendment (Court of Appeal) Act 2004
s. 5(2) and Pt. 5 read as follows:
5. Sections 6 and 7 replaced by sections 6, 7 and
7A, and transitional provision
(2) A person who holds
any of the offices of which the Court consists immediately before the coming
into operation of subsection (1) continues to hold the corresponding office in
the General Division when subsection (1) comes into operation.
Part 5 — Transitional provisions
38. Appeals pending before Full Court or Court of
Criminal Appeal
(1) If on the
commencement of this Act an appeal or an application for leave to appeal is
pending before —
(a) the
Full Court of the Supreme Court; or
(b) the
Court of Criminal Appeal,
the appeal or
application is to be taken to have been commenced or made and to be pending
before the Court of Appeal.
(2) Despite subsection
(1), if on the commencement of this Act an appeal or an application for leave
to appeal is part heard by —
(a) the
Full Court of the Supreme Court; or
(b) the
Court of Criminal Appeal,
then the hearing and
determination of the appeal or application may be completed by the Full Court
or the Court of Criminal Appeal, as the case requires, as if this Act had not
commenced.
39. References to “Full Court” or
“Court of Criminal Appeal” to be read as references to
“Court of Appeal”
(1) A reference in a
written law or book, document or writing to the Full Court of the Supreme
Court (whether those or some other words are used) is, unless the contrary
intention appears, to be construed as if it had been amended to be a reference
to the Court of Appeal.
(2) A reference in a
written law or book, document or writing to the Court of Criminal Appeal is,
unless the contrary intention appears, to be construed as if it had been
amended to be a reference to the Court of Appeal.
4 The Superannuation and Family Benefits Act 1938
was repealed by the State Superannuation Act 2000 s. 39, but its provisions
continue to apply to and in relation to certain schemes because of the
State Superannuation (Transitional and Consequential Provisions) Act 2000
s. 26.
5 The Supreme Court Ordinance 1861 commenced on 18
June 1861. It was repealed by this Act, s. 3.
6 The Supreme Court Act 1880 commenced on 1 August
1881. It was repealed by this Act, s. 3.
7 The Acts Amendment (Insolvent Estates) Act 1984
s. 11 contains a transitional provision about persons who died before that Act
commenced
8 The Acts Amendment (Actions for Damages) Act
1986 s. 6(2) contains a transitional provision about causes of action in
which a court had given judgment before that section commenced.
9 Repealed by the Statute Law Revision Act 1967.
10 The commencement date was amended by the
Judges’ Salaries and Pensions Act 1950 s. 4 .
11 Section 48A and the Second Schedule were
inserted by the Limitation Act Amendment Act 1954 s. 8 .
12 The Courts Legislation Amendment Act 2000 Pt.
6 reads as follows:
Part 6 — Validation
26. Validation
To the extent that,
before the coming into operation of section 22, provisions of the Rules of the
Supreme Court 1971 related or purported to relate to mediation —
(a)
those provisions are to be regarded as having been validly and lawfully made
and published under and within the authority of the Supreme Court Act 1935
and to have always had effect according to their terms; and
(b)
anything done under or purportedly done under those provisions is to be
regarded as having been validly done and, to have always been, effectual in
all respects.
13 The Acts Amendment (Court of Appeal) Act 2004
s. 14 was deleted by the Criminal Law and Evidence Amendment Act 2008 s.
75(2).
14 The Courts Legislation Amendment and Repeal Act
2004 s. 128 (to amend s. 20) was deleted by the Criminal Law and
Evidence Amendment Act 2008 s. 77(5).
15 The Courts Legislation Amendment and Repeal Act
2004 Pt. 22 (as amended by the Acts Amendment (Justice) Act 2008 s. 24)
contains transitional provisions about enforcing judgments given before that
Part commenced. Part 22 and the Civil Judgments Enforcement Act 2004
commenced on 1 May 2005. Part 22 reads as follows:
Part 22 — Transitional provisions
Division 1 — Provisions about enforcing judgments
143. Interpretation
(1) In this Part
—
commencement means the commencement of this Part;
court fee , for an application, does not include
any fee payable in connection with serving the application to the Sheriff or
any other person;
enforcement process means any writ, warrant,
order, or other process, issued by a court for or in connection with enforcing
a judgment or order of the court.
(2) This Part does not
limit the operation of the Interpretation Act 1984 Part V.
144. Judgments not satisfied before commencement
If immediately before
commencement a judgment of the Supreme Court, District Court or Local Court is
unsatisfied, then on commencement —
(a) if
any proceedings for or in connection with enforcing the judgment are pending
in a court, section 145 applies;
(aa) if
any enforcement process is in force in relation to the judgment, section 146
applies;
(b)
otherwise, the judgment may be enforced under and subject to the
Civil Judgments Enforcement Act 2004 .
[Section 144 amended:
No. 5 of 2008 s. 24.]
145. Pending proceedings to enforce a judgment
(1) If immediately
before commencement proceedings for or in connection with enforcing a judgment
are pending in a court, then on commencement either —
(a) the
proceedings may be continued under the law in force immediately before
commencement, despite the enactment of the Civil Judgments Enforcement Act
2004 ; or
(b) the
person entitled to the benefit of the judgment may discontinue the proceedings
and commence proceedings under the Civil Judgments Enforcement Act 2004 to
enforce the judgment.
(2) If proceedings are
continued under subsection (1)(a) —
(a) no
enforcement process may be issued under the law in force immediately before
commencement for or in connection with enforcing the judgment; but
(b)
subject to the Civil Judgments Enforcement Act 2004 , the court may make any
order under that Act that substantially corresponds with any order that the
court could have made in the proceedings under the law in force immediately
before commencement.
(3) If proceedings
under the Supreme Court Act 1935 section 126(2) or the Local Courts Act 1904
section 130 are continued under subsection (1)(a), they are to be taken to be
a means inquiry held under the Civil Judgments Enforcement Act 2004 for the
purposes of subsection (2)(b).
(4) Subsection (2)(a)
does not prevent the issue of any warrant or writ in connection with
conducting any proceedings that are continued under subsection (1)(a).
(5) No court fee shall
be payable for commencing proceedings as permitted by subsection (1)(b) by a
person who has discontinued proceedings as permitted by that subsection.
146. Pending process to enforce a judgment
(1) If immediately
before commencement any enforcement process is in force, then on commencement
the process continues in force under the law in force immediately before
commencement until —
(a) the
process ceases to be in force under that law;
(b) the
process ceases to be in force under subsection (6)(a); or
(c) the
expiry of 12 months after commencement,
whichever happens
first, and may be served, dealt with, or executed, under the law in force
immediately before commencement which continues to apply to and in respect of
the process.
(2) If —
(a) on
commencement a copy of a writ of fieri facias is in the Register maintained
under the Transfer of Land Act 1893 , having been served on the Registrar and
entered in that Register under section 133 of that Act; or
(b)
after commencement a copy of a writ of fieri facias is entered in that
Register under section 133 of that Act, having been served on the Registrar
under that section,
then —
(c)
despite subsection (1) the Transfer of Land Act 1893 section 133 (as inserted
by this Act) applies to and in respect of the writ as if the writ were a
property (seizure and sale) order that had been —
(i)
issued under the Civil Judgments Enforcement Act 2004 ;
and
(ii)
registered under the Transfer of Land Act 1893 section
133 (as inserted by this Act) at the time when the copy of the writ was so
served;
(d) if
the sale period referred to in the Transfer of Land Act 1893 section 133 (as
inserted by this Act) in respect of the writ expires at a time after the writ
ceases to be in force under the law in force immediately before commencement,
the writ is to be taken to remain in force until the sale period expires,
despite that law; and
(e)
subject to paragraphs (c) and (d), subsection (1) applies to and in respect of
the writ.
(3) In subsection (2),
a reference to a writ of fieri facias includes a reference to a warrant of
execution issued out of a Local Court under the Local Courts Act 1904 .
(4) If immediately
before commencement any enforcement process is in force but unexecuted, the
person for whose benefit the process was issued may apply for an order under
the Civil Judgments Enforcement Act 2004 to enforce the judgment or order.
(5) No court fee shall
be payable on making an application under subsection (4) for an order under
the Civil Judgments Enforcement Act 2004 .
(6) If on an
application made under subsection (4) an order is made under the
Civil Judgments Enforcement Act 2004 —
(a) the
unexecuted process referred to in subsection (4) ceases to be in force; and
(b) the
order made under the Civil Judgments Enforcement Act 2004 has the same
priority as the unexecuted process referred to in subsection (4) has
immediately before it ceases to be in force under paragraph (a).
147. Existing bailiffs and their assistants,
termination of appointment etc.
(1) On commencement
the following offices are abolished and the persons holding them cease to do
so —
(a) a
bailiff appointed under the District Court of Western Australia Act 1969
section 28(1);
(b) a
person appointed under the District Court of Western Australia Act 1969
section 28(2) by a bailiff to assist the bailiff;
(c) a
bailiff appointed under the Local Courts Act 1904 section 16;
(d) a
person appointed under the Local Courts Act 1904 section 16 by a bailiff to
assist the bailiff.
(2) If immediately
before commencement a person who is not a police officer is a bailiff
appointed under the Local Courts Act 1904 section 16, then on commencement the
person is entitled to be appointed as a bailiff under the
Civil Judgments Enforcement Act 2004 section 107 for a term of 5 years as from
commencement.
(3) If immediately
before commencement a person who is a police officer is —
(a) a
bailiff appointed under the District Court of Western Australia Act 1969
section 28(1); or
(b) a
bailiff appointed under the Local Courts Act 1904 section 16,
then on commencement
the person is taken to have been appointed as a bailiff under the
Civil Judgments Enforcement Act 2004 section 107.
Division 2 — General
148. Transitional regulations
(1) If this Act does
not provide sufficiently for a matter or issue of a transitional nature that
arises as a result of the repeal or amendment of any Act by this Act and the
coming into operation of any of the Acts referred to in section 3, the
Governor may make regulations prescribing all matters that are required,
necessary or convenient to be prescribed for providing for the matter or
issue.
(2) Regulations made
under subsection (1) may be expressed to have effect before the day on which
they are published in the Gazette .
(3) To the extent that
a provision of regulations made under subsection (1) has effect before the day
on which it is published in the Gazette , it does not —
(a)
affect in a manner prejudicial to any person (other than the State or an
agency of the State) the rights of that person existing before the day of
publication; or
(b)
impose liabilities on any person (other than the State or an agency of the
State) in respect of anything done or omitted to be done before the day of
publication.
16 The Limitation Legislation Amendment and Repeal
Act 2005 s. 18(2) reads as follows:
18. Section 29 repealed and a savings provision
(2) The
Supreme Court Act 1935 section 29, as it was immediately before commencement
day, continues to apply to causes of action that accrued before commencement
day as if subsection (1) had not been enacted.
Defined terms
[This is a list of terms defined and the provisions where they
are defined. The list is not part of the law.]
Defined term Provision(s)
action
4(1)
cause 4(1)
Chief Justice
4(1)
circuit court 48
costs
application 71(5)
Court
4(1)
Court of Appeal 4(1)
Court of Appeal
Registrar 4(1)
defendant
4(1)
District Court 46(9)
freight
26(4)
inferior court 4(1)
issue of fact 4(1)
judge of appeal
4(1)
judgment 4(1)
jurisdiction
4(1)
legal experience
4(2)
lower court 17(1)
master
4(1)
matrimonial cause 4(1)
matter
4(1)
mediation under direction
69
mediator 69
officer of Court
4(1)
order 4(1)
owner
4(1)
party 4(1)
person
4(1)
personal injury 32(2a)
petitioner 4(1)
plaintiff
4(1)
pleading 4(1)
prescribed
4(1)
President 4(1)
Principal
Registrar 4(1)
rate or tax
12(2)
registrar 4(1), 46(9)
rules of court
4(1)
statute 4(1)
suit
4(1)
vessel 26(5)
© State of Western Australia 2023
.
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By Authority: GEOFF O. LAWN, Government Printer