Industrial Magistrates Courts (General Jurisdiction) Regulations 2005 (WA)

Western Australia Industrial Relations Act 1979 Industrial Magistrate's Court (General Jurisdiction) Regulations 2005 Western Australia Industrial Magistrate's Court (General Jurisdiction) Regulations 2005 Contents Part 1 — Preliminary 1. Citation 1 2. Commencement 1 3. Application of these regulations 1 4. Terms used 2 Part 2 — Court's functions generally 5. Court's duties in dealing with cases 5 6. Court may act on its own initiative 5 7. Court's powers to control and manage cases 6 8. Court's powers to deal with default by party 8 9. Procedural orders may be made conditional 8 10. Use of experts 9 11. Court's power to order costs 9 12. Court's power to order payment of interest 9 Part 3 — Making and responding to claims 13. Making claim or counterclaim 11 14. Response to claim 11 15. Party may discontinue claim 12 Part 4 — Pre‑trial conferences 16A. Application of Part 13 16. Listing a pre‑trial conference 13 17. Pre‑trial conference, purpose of 13 18. General duties and powers of clerk at pre‑trial conference 13 19. Orders for proceedings in complex or exceptional cases 14 20. Attendance at a pre‑trial conference 14 21. Failure to comply with order 14 22. Listing the case for further pre‑trial conference or trial 15 23. Status of things said or done at pre‑trial conference 15 Part 5 — Proceedings in exceptional or complex cases Division 1 — Disclosure of documents 24. Disclosing documents 16 25. Objection to disclosure of documents 16 26. Inspection of documents 17 27. Production of documents at trial 17 Division 2 — Inspection of property 28. Inspection of property 17 Division 3 — Answers to interrogatories 29. Request for answers to interrogatories 18 30. Party must answer interrogatories when ordered 18 31. Objection to answering interrogatories 18 Division 4 — Invitation to admit an alleged fact 32. Invitation to admit 19 33. Response to invitation to admit 19 Part 6 — Trial Division 1 — General 35A. Initial hearing for CIPPLSL cases 20 35. Conduct of trial 20 36. Attendance of parties at trial 21 Division 2 — Witnesses 37. Issuing witness summons 21 38. Witness summons may be set aside 22 39. Producing evidentiary material before trial 22 Part 7 — Orders and judgments 40. Consent to orders or judgment 23 41. Setting aside default judgment 23 Part 8 — Lodging documents 43. Meaning of lodge 24 45. Documents may be lodged by hand delivery or pre‑paid post 24 46. Certain documents may be lodged electronically 24 47. Certain documents may be lodged by fax 26 48. Court's seal may be applied electronically 27 49. Clerk's refusal to accept documents 27 Part 9 — Serving documents Division 1 — General 50. Meaning of serve 29 51. Personal service 29 52. Address for service and representative's details 29 53. Service of a document on a natural person 30 54. Service of a document on a public authority that is not a corporation 31 55. Service of a document on a corporation 31 56. Affidavit of service 32 Division 2 — Service by email or fax 57. Email and fax address for service 33 58. Service of documents by email 34 59. Service of documents by fax 34 60. Time of service by email or fax 34 Part 10 — Applications 61. Making application 35 62. Application must be served 35 Part 11 — Persons under a legal disability 63. Person under a legal disability, claims by or against 36 64. Represented persons under the Guardianship and Administration Act 1990 36 65. Court may appoint litigation guardian 36 66. Clerk's powers 37 67. Settlement of claims by or against person under legal disability 37 Part 12 — Miscellaneous 68. Form of affidavit 38 69. Availability of forms 38 70. Fees for obtaining documents 38 71. Requirements on parties may be carried out by certain persons 38 72. Practice directions 39 73. Review of a decision of the clerk 39 74. Repeal and savings 39 Schedule 1 — Fees Division 1 — Lodgment fees Division 2 — Fees for obtaining documents Notes Compilation table 42 Defined terms Western Australia Industrial Relations Act 1979 Industrial Magistrate's Court (General Jurisdiction) Regulations 2005