Western Australian Current Regulations

INDUSTRIAL MAGISTRATE'S COURT (GENERAL JURISDICTION) REGULATIONS 2005 - REG 13

13 .         Making claim or counterclaim

        (1)         If a party wants to make a claim the party must lodge the court‑approved form.

        (2)         An originating claim must be served within 30 days, or, if in a particular case the clerk so approves, 60 days, after the claim has been lodged.

        (3A)         The originating claim in respect of a CIPPLSL case must not be served unless the clerk has recorded on the claim the date set for the initial hearing of the trial under regulation 35A.

        (3)         A claim must be lodged and served together with the court‑approved form for making a response under regulation 14.

        (4)         A counterclaim may be lodged and served at any time, unless the clerk at a pre‑trial conference has specified a time within which a counterclaim may be made, in which case the counterclaim must be made within that time.

        (5)         Without limiting subregulation (4), if, at the initial hearing of a CIPPLSL case, the court specifies a time within which a counterclaim in the case may be made, the counterclaim must be made within that time.

        [Regulation 13 amended: Gazette 31 Jul 2012 p. 3685; SL 2022/100 r. 15.]