Western Australian Current Regulations
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DISTRICT COURT RULES 2005
TABLE OF PROVISIONS
PART 1 -- Preliminary
1. Citation
2. Commencement
3. Terms used
3A. Forms under Restraining Orders Act 1997
4. File and serve document, meaning of
5. Application of these rules
6. Rules of the Supreme Court 1971, application of
PART 2 -- Administrative matters
Division 1 -- Registry matters
7. Electronic transmission of signatures and Court’s seal
Division 2 -- Registrars’ jurisdiction
8. Registrars’ general jurisdiction
9. Legally qualified registrar may be ordered to take account etc.
10. Registrar may be required to calculate interest etc.
11. Registrars’ matters, when may be listed before judge
12. Registrar may refer matter to judge
13. Registrars’ powers to obtain evidence etc.
14. Registrars’ office taken to be judges’ chambers
Division 3 -- Appeals from registrars
15. Appeal lies from registrar to judge
16. Directions hearing for appeals from registrars
PART 3 -- Filing and service of documents
Division 2 -- Filing documents using ECMS
20. Some documents may be filed by using ECMS
Division 3 -- Serving documents
21. Service of documents
21A. Service of documents by Court
Division 4 -- Miscellaneous
22A. RSC Order 9A rule 2 and Order 12 rule 2 modified: form of memorandum of appearance
22C. Party may not be required to state geographical address
22. Summonses for matters in chambers
23A. Affidavits, form of
23B. RSC Order 58 rule 14 modified: form of originating summons
23C. Enforcement of order under another Act giving jurisdiction
PART 4 -- Case management
Division 1 -- Preliminary
23. Terms used
24. Meaning of case management direction
25. Enforcement order, meaning of
Division 2 -- Case management generally
26. Court may make case management directions etc.
27. Case management hearing, registrar may hold
Division 3 -- Case management of cases commenced by writ
Subdivision 1 -- Preliminary
28. Application
29. Various RSC provisions do not apply
31. Case management hearing, holding of
32. Case management hearing, conduct of
33. Case management directions etc. may be made in other proceedings
34. Duties of parties at case management hearing etc.
Subdivision 2 -- Mediations
35. Mediations
35AA. Settlement at mediations
35A. Mediation may serve as pre‑trial conference
Subdivision 3 -- Entry for trial, and ancillary matters
36. Legal practitioner to notify client of legal costs
37. Entering a case for trial
38. Plaintiff failing to enter case for trial, consequences
38A. After entry for trial, no interlocutory application without leave
38B. Countermanding entry for trial
Subdivision 4 -- Pre‑trial conference, and ancillary matters
39. Pre‑trial conference, preliminary matters
40. Pre‑trial conference
41. Ancillary matters for pre‑trial conferences
Subdivision 5A -- Settlement of cases
42A. Offers of compromise
Subdivision 5 -- Listing conference
42. Listing conference, orders for purpose of
43. Listing conference
Subdivision 6 -- Inactive cases
43A. Term used: Inactive Cases List
44. Effect of non‑compliance with Notice of Default
44A. Cases inactive for 12 months deemed inactive
44B. Registrar may issue summons to show cause
44C. Springing order that case be put on Inactive Cases List
44D. Parties to be notified of case being on Inactive Cases List and to advise clients
44E. Consequences of case being on Inactive Cases List
44F. Removing cases from Inactive Cases List
44G. Certain inactive cases taken to have been dismissed
PART 4A -- Documents to be filed, served or delivered before trial
45A. Application
45B. Term used: trial date
45C. Particulars of damages
45D. Building and engineering contracts, actions involving claims under
45E. Index of expert witness reports
45F. Papers for judge
45G. Reception of plans etc. in evidence
45H. Outline of submissions
45I. List of witnesses
PART 5 -- Obtaining evidence
Division 1 -- Discovery
46. RSC Order 26 modified in actions commenced by writ
Division 2 -- Interrogatories
47. RSC Order 27 modified
Division 3 -- Medical examination
47A. RSC ORDER 28 modified
PART 5A -- Expert evidence
47B. Terms used
47C. RSC Order 36A does not apply
47D. General procedural matters
47E. Expert medical evidence in personal injury cases
47F. Other expert evidence
47G. Derogation of privilege
47H. Enforcing this Part
47I. Court may limit expert evidence
PART 5BA -- Subpoenas
48AA. RSC ORDER 36B rules 1 and 2 modified: subpoena must not require both attendance and production
48AB. RSC Order 36B rule 3 modified: form of subpoena
48AC. RSC Order 36B rule 5A modified: form of subpoena
48AD. RSC Order 36B rule 6 modified: compliance with subpoena
48AE. Subpoenas to produce not addressed to health professionals
48AF. Subpoenas to produce addressed to health professionals
48AG. RSC Order 36B rule 10 modified: disposal of documents and things produced
48AH. RSC Order 36B rule 11 modified: losses and expenses incurred in compliance
48AI. Documents produced not to be disclosed
PART 5B -- Applications before trial
48A. Amending pleadings, RSC Order 21 modified
48B. Interlocutory applications after listing for trial
PART 6 -- Appeals to the Court
49. Terms used
50. Appeal, nature of
51A. Time for appealing
51. Appeal, commencement of
52. Primary court to supply records when given notice
53. Appeal, responding to
55. Directions hearing
56A. Dismissing appeals for want of prosecution
56. New grounds of appeal etc. only with leave
57. Court’s powers as to appeals
58A. Orders in appeals, applying for
58B. Consenting to orders
58. Discontinuance
59. Costs
60. Final orders on appeal
61A. Return of security for costs deposit
PART 7 -- Hearings and trials
61. Outline of submissions etc. for certain hearings
PART 8 -- Civil Judgments Enforcement Act 2004 rules
62. Terms used
63. Applications etc. that may be dealt with by a registrar
64. Registrar’s decision, review of
PART 9 -- Misuse of Drugs Act 1981 rules
65. Terms used
66. Applications, how they are to be made
67. Respondent’s rights and obligations
68. Court may order parties to be added
69. Deponents to attend for cross examination
70. Evidentiary matters
PART 10A -- Prohibited Behaviour Orders Act 2010 rules
71A. Terms used
71B. Application under Act s. 5, how to make
71C. Application under Act s. 21, how to make
71D. Responding to applications
71E. Corrected PBO, registrar’s duties as to
PART 10 -- Miscellaneous
71F. Term used: court record
71. Access to records and things (registry)
72. Access to records and things (eCourts Portal of Western Australia)
PART 11 -- Transitional and savings provisions
73. Terms used
74. Cases to which former rules apply
75. Outline of submissions for certain hearings
SCHEDULE 1 -- Forms
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