Western Australian Current Regulations

MAGISTRATES COURT (MINOR CASES PROCEDURE) RULES 2005 - REG 4

4 .         Terms used

                In these rules, unless the contrary intention appears —

        Act means the Magistrates Court (Civil Proceedings) Act 2004 ;

        administrative staff member means a person referred to in the Magistrates Court Act 2004 section 26(1);

        agent means a legal practitioner or any other person who is representing you with the leave of the Court;

        application means an application made under Part 12;

        approved form means the form approved by the Chief Magistrate;

        counterclaim means a claim made by a defendant against a claimant including a claim for set‑off;

        default judgment means a judgment without trial given against a party for a failure by the party to comply with the Act, these rules or an order made by the Court, and includes a dismissal of a claim for want of service without consideration of its merits;

        defendant means a party against which a claim is made by a claimant;

        departmental officer means a person employed in the department of the Public Service principally assisting in the administration of the Magistrates Court Act 2004 ;

        ECMS means the electronic case management system for the management of proceedings in Western Australian courts and tribunals;

        ECMS exempt , in relation to a document, has the meaning given in the Magistrates Court (Civil Proceedings) Rules 2005 rule 96;

        enforcement officer has the meaning given to that term in the Civil Judgments Enforcement Act 2004 section 3;

        lodge has the meaning affected by rule 47;

        order includes a direction;

        partnership means —

            (a)         a partnership as defined in the Partnership Act 1895 section 7; or

            (b)         an unincorporated company or association formed for the purposes of gain; or

            (c)         3 or more persons who otherwise have a joint or several interest or liability in a case;

        personal service has a meaning corresponding with the meaning of serve personally ;

        Public Trustee means the Public Trustee under the Public Trustee Act 1941 ;

        registrar does not include a deputy registrar;

        response means a response made under rule 9 to a claim;

        serve has a meaning affected by rule 50;

        serve personally in relation to a document, means to serve the document in accordance with Part 11 Division 3;

        third party means a party against which a third party claim is made;

        third party claim means a claim made by a defendant against a party other than the claimant relating to the claim against the defendant;

        working day means a day other than a Saturday, a Sunday, or a public holiday.

        [Rule 4 amended: Gazette 24 Aug 2007 p. 4333; 3 Jun 2008 p. 2139; 3 May 2016 p. 1362; SL 2021/25 r. 28; SL 2022/106 r. 8.]