Western Australian Current Regulations

INDUSTRIAL MAGISTRATES COURTS (GENERAL JURISDICTION) REGULATIONS 2005

TABLE OF PROVISIONS

   PART 1 -- Preliminary  

   1.      Citation  
   2.      Commencement  
   3.      Application of these regulations  
   4.       Terms used in these regulations

   PART 2 -- Court’s functions generally  

   5.      Court’s duties in dealing with cases  
   6.      Court may act on its own initiative  
   7.      Court’s powers to control and manage cases  
   8.      Default by party, Court’s powers to deal with  
   9.      Procedural orders may be made conditional  
   10.     Experts, use of  
   11.     Costs, Court’s power to order  
   12.     Pre‑judgment interest, Court’s power to order

   PART 3 -- Making and responding to claims  

   13.     Making a claim (including a counterclaim or third party claim)  
   14.     Response to a claim  
   15.     Party may discontinue claim

   PART 4 -- Pre‑trial conferences  

   16A.    Application of Part  
   16.     Listing a pre‑trial conference  
   17.     Pre‑trial conference, purpose of  
   18.     General duties and powers of the clerk at a pre‑trial conference  
   19.     Orders for proceedings in complex or exceptional cases  
   20.     Attendance at a pre‑trial conference  
   21.     Failure to comply with an order  
   22.     Listing the case for further pre‑trial conference or trial  
   23.     Status of things said or done at a pre‑trial conference

   PART 5 -- Proceedings in exceptional or complex cases

           Division 1 -- Disclosure of documents  

   24.     Disclosing documents  
   25.     Objection to disclosure of documents  
   26.     Inspection of documents  
   27.     Production of documents at trial

           Division 2 -- Inspection of property  

   28.     Inspection of property

           Division 3 -- Answers to interrogatories  

   29.     Request for answers to interrogatories  
   30.     Party must answer interrogatories when ordered  
   31.     Objection to answering interrogatories

           Division 4 -- Invitation to admit an alleged fact  

   32.     Invitation to admit  
   33.     Response to an invitation to admit

   PART 6 -- Trial

           Division 1 -- General  

   34.     Court where case is to be tried  
   35A.    Initial hearing for CIPPLSL cases  
   35.     Conduct of trial  
   36.     Attendance of parties at trial

           Division 2 -- Witnesses  

   37.     Issuing a witness summons  
   38.     Witness summons may be set aside  
   39.     Producing evidentiary material before trial

   PART 7 -- Orders and judgments  

   40.     Consent to orders or judgment  
   41.     Setting aside default judgment  
   42.     Judgments suspended

   PART 8 -- Lodging documents  

   43.     “Lodge”, meaning of  
   44.     Court at which documents must be lodged  
   45.     Documents may be lodged by hand delivery or pre‑paid post  
   46.     Certain documents may be lodged electronically  
   47.     Certain documents may be lodged by fax  
   48.     Court’s seal applied electronically, effect of  
   49.     Clerk’s refusal to accept documents

   PART 9 -- Serving documents

           Division 1 -- General  

   50.     “Serve”, meaning of  
   51.     Personal service  
   52.     Address for service and representative’s details  
   53.     Service of a document on a natural person  
   54.     Service of a document on a public authority that is not a corporation  
   55.     Service of a document on a corporation  
   56.     Affidavit of service

           Division 2 -- Service by email or fax  

   57.     Email and fax address for service  
   58.     Service of documents by email  
   59.     Service of documents by fax  
   60.     Time of service by email or fax

   PART 10 -- Applications  

   61.     Making an application  
   62.     Application must be served

   PART 11 -- Persons under a legal disability  

   63.     Person under a legal disability, claims by or against  
   64.     Represented persons under the Guardianship and Administration Act 1990  
   65.     Court may appoint litigation guardian  
   66.     Clerk’s powers  
   67.     Settlements of claims by or against persons under a legal disability

   PART 12 -- Miscellaneous  

   68.     Form of an affidavit  
   69.     Availability of forms  
   70.     Fees for obtaining documents  
   71.     Requirements on parties may be carried out by certain persons  
   72.     Practice directions  
   73.     Review of a decision of the clerk  
   74.     Repeal and savings
           SCHEDULE 1 -- Fees
           Compilation table