Western Australian Current Regulations

W.A. MARINE (COURT OF MARINE INQUIRY) RULES

TABLE OF PROVISIONS

   PART 1 -- Preliminary  

   1.      Short title and commencement  
   2.      Interpretation

   PART 2 -- Appointment of Court and notice to parties  

   3.      Clerk to inform Magistrate when notice of appeal filed  
   4.      Clerk to inform parties of hearing date  
   5.      Department to give notice to complainant  
   6.      Notice of inquiry to be served

   PART 3 -- Assessors  

   7.      Qualifications of assessors  
   8.      Appointment of assessors  
   10.     Class of assessors to be appointed  
   11.     Department to notify Minister when assessors required  
   12.     Irregularity does not affect appointment

   PART 4 -- Parties

           Division 1 -- Inquiries  

   13.     Parties to inquiries  
   14.     Who may appear

           Division 2 -- Appeals or references  

   15.     Parties to appeals or references  
   16.     Court may make any person a party

   PART 5 -- Notice of appeal  

   17.     Notice of appeal to be given

   PART 6 -- Evidence  

   18.     Notice to produce  
   19.     Notice to admit  
   20.     Subpoenas  
   21.     Report of survey to be produced

   PART 7 -- Proceedings in Court

           Division 1 -- General  

   22.     Method of taking down evidence

           Division 2 -- Inquiries  

   23.     Proceedings on non‑appearance of any party  
   24.     Department to begin  
   25.     Order in which parties to be heard  
   26.     Parties may address the Court

           Division 3 -- Appeals or references  

   27.     Department to begin  
   28.     Complainant to follow  
   29.     Appellant to follow  
   30.     Department and complainant may call evidence in reply  
   31.     Order in which parties to address  
   32.     Order for release or detention

           Division 4 -- Adjournment  

   33.     Court may adjourn hearing

   PART 8 -- Rehearing by order of the Governor  

   34.     Magistrate to fix time and place for rehearing  
   35.     Parties may be added  
   36.     Copy of evidence on hearing to be admitted on rehearing  
   37.     Copy of decision and notes of evidence to be sent to Governor

   PART 9 -- Costs  

   38.     Court may order any party to pay costs  
   39.     Taxation of costs

   PART 10 -- General provisions  

   40.     Court to report to Governor  
   41.     Master or officer may obtain copy of decision  
   42.     Computation of time  
   43.     Service of process  
   44.     Proof of service  
   45.     Local Courts Act and Rules to apply  
   46.     Fees  
   47.     Clerk  
   48.     Clerk of Local Court to act as Clerk  
   49.     Minute book  
   50.     Seal  
   51.     All process to be sealed
           Appendix 
           Compilation table