Western Australian Current Regulations Western Australian Current Regulations (1) Where the CEO or a
local authority has served notice under paragraph (1) of
Regulation 1 of these regulations upon the registered proprietor of the
land or premises described in the notice, and such registered proprietor
serves upon the CEO or the local authority notice of dispute within the time
prescribed by and in accordance with paragraph (2) of Regulation 1
of these regulations, the CEO or the local authority, as the case may be,
shall within ten days after the receipt of such notice of dispute, refer such
dispute for determination by the stipendiary or resident magistrate exercising
jurisdiction in the Local Court held nearest to the place where the land or
premises sought to be charged is situated.
(2) Reference of a
dispute to a magistrate as provided for in paragraph 1 of this regulation
shall be made by the CEO or the local authority, as the case may be, leaving
with the magistrate at his chambers notice in writing in accordance with Form
F in the Appendix to these regulations, together with copies of the notice
served upon the registered proprietor of the land or premises as aforesaid and
of the notice of dispute served by such registered proprietor as aforesaid.
(3) Upon receipt of
the notice and documents mentioned in paragraph (2) of this regulation,
the magistrate shall appoint a day and time for the hearing of the parties in
relation to the dispute, and shall cause notice of such day and time to be
sent to such parties. Such day and time shall not be less than seven days
after the date of service of notice thereof upon the parties as aforesaid.
(4) If either party
neglect to appear personally or by counsel or solicitor on the date and at the
time for hearing, and proof is made to the satisfaction of the magistrate that
the said parties were duly served with notice of such hearing, the magistrate
may —
(a)
where the registered proprietor of the land or premises fails to appear,
determine the dispute in favour of the CEO or local authority without any
further hearing;
(b)
where the CEO or the local authority, as the case may be, fails to appear,
hear and determine the dispute, or adjourn the hearing of the same to some
other date.
(5) On the hearing and
determination of the dispute the magistrate may make such order as to costs to
be paid by either party to the other party as he may think just.
(6) On the hearing of
the dispute the CEO or the local authority, as the case may be, shall be heard
first, as if he were a plaintiff in an action, and the hearing of the dispute
shall proceed as nearly as may be according to the procedure and rules of
evidence relating to a trial of an action in the Local Court.
(7) The Rules of the
Local Court shall insofar as they are applicable and not inconsistent with
these regulations, apply to the hearing and determination of disputes
hereunder.
[Regulation 4 amended: Gazette
29 Dec 2006 p. 5910]