Western Australian Current Regulations

INDUSTRIAL MAGISTRATE'S COURT (GENERAL JURISDICTION) REGULATIONS 2005 - REG 12

12 .         Court’s power to order payment of interest

        (1)         Except as provided in this regulation, if the court orders a party to pay a sum of money, the court may order the party to pay interest on the whole or any part of the sum —

            (a)         for the whole or any part of the period from the date when the cause of case arose to the date when the order is made; and

            (b)         at the rate prescribed under the Civil Judgments Enforcement Act 2004 section 8(1)(a) for that period or part.

        (2)         When the court orders a party to pay the total of the amounts that another party was entitled to be paid on different dates, the court may order interest to be paid on the total and if it does so it may calculate the interest as the court thinks fit.

        (3)         This regulation does not authorise the ordering of interest to be paid on costs or any penalty other than a deemed penalty under section 83A of the Act.

        (4)         Unless good cause is shown to the contrary, if the court orders a party to pay a sum of money under section 83A of the Act, the court must order the party to pay interest on the sum, at such rate as it thinks fit, from the date when the cause of case arose to the date when the order is made.

        (5)         An order to pay interest under subregulation (4) may be expressed as an order to pay a lump sum.

        [Regulation 12 amended: SL 2022/100 r. 14.]