Western Australian Current Regulations

INDUSTRIAL MAGISTRATES COURTS (GENERAL JURISDICTION) REGULATIONS 2005 - REG 34

34 .         Court where case is to be tried

        (1)         Except as provided in this regulation, a case must be tried at a Court chosen by the clerk when the case is listed for trial under regulation 22 or 35A.

        (2)         The clerk must choose a Court by determining in which Court the case can most conveniently and fairly be tried.

        (3)         A Court may order that the trial of a case be transferred to another Court if —

            (a)         a party makes an application to transfer the case to the other Court and the Court is satisfied that the case could more conveniently or fairly be tried in the other Court; or

            (b)         the parties consent to the trial of the case being so transferred by lodging a memorandum of consent to that effect.

        (4)         If the trial of a case is transferred to another Court the clerk of the Court from which the trial is being transferred must make arrangements for all the original documents relating to the case to be sent to the other Court as soon as practicable after the transfer.

        [Regulation 34 amended: Gazette 31 Jul 2012 p. 3686.]