Magistrates Court (Minor Cases Procedure) Rules 2005 (WA)

Western Australia Magistrates Court (Civil Proceedings) Act 2004 Magistrates Court (Minor Cases Procedure) Rules 2005 Western Australia Magistrates Court (Minor Cases Procedure) Rules 2005 Contents Part 1 — Preliminary 1. Citation 1 2. Commencement 1 3. These rules to be read with the Magistrates Court (General) Rules 2005 1 4. Terms used 1 5. When these rules apply 3 6A. Exercise of Court's powers in Part 3 of the Act 3 Part 2 — How to make and defend a claim 7. How to make a claim that starts a case 4 8. How to make a third party claim 4 9. How to respond to a claim 4 10A. If you admit a claim 5 10B. If you admit part of a claim 5 10C. You may admit liability but dispute the amount claimed 6 10. How to accept an offer of settlement 6 Part 4 — If you or another party does not defend a claim 16. When this Part applies 7 17. If the claim is for a liquidated amount 7 18. If the claim is for an unliquidated amount 7 19. If the claim against you is to recover possession of personal property 8 20. Registrar may give default judgment in absence of parties 8 21. Registrar not to give judgment in certain cases 8 22A. Default judgment one year or more after originating claim, referral to Magistrate 8 22. Application for default judgment to be dismissed if not granted 9 23A. Registrar may order costs after giving judgment 9 Part 5 — Status conferences and pre‑trial conferences 23. Listing case for a status conference 10 23AA. What happens at a status conference 10 24. What happens at a pre‑trial conference 11 25C. List of documents you might tender at trial 12 26. Your attendance at a status conference, pre‑trial conference or hearing 12 27. Listing the case for trial 13 28. Status of things said or done at a status conference or a pre‑trial conference 13 Part 6 — Mediation 29. Mediation conference 14 30. Attendance of parties at mediation conferences 14 31. Outcome of mediation 14 32. Further pre‑trial conference if case not settled 14 Part 7 — Consent orders and settlement 33. Memorandum of consent 15 34. Registrar may make consent orders or give judgment 15 35. When the rules require your consent 15 36. Settling claims involving a person under a legal disability 15 Part 8 — Trial 37. How the trial of your case is to be conducted 17 38. Your attendance at trial 17 39. How to call witnesses 17 39A. Compliance with witness summons 18 40. Return of things after trial 19 Part 9 — Orders and judgments 41. Money paid to you if you are a person under a legal disability 20 42. Setting aside default judgment 20 43. Decisions of registrars 20 44. Requests for certificate of judgment 20 Part 10A — Inactive cases 45A. Term used: inactive case 21 45B. When your case becomes inactive 21 45C. Notification of inactive cases 21 45D. Consequences of case becoming an inactive case 22 45E. Cases no longer taken to be inactive 22 45F. Dismissal of inactive cases 23 Part 10 — How to lodge documents 45. How to lodge a document 24 46. Where you may lodge a claim that starts a case 24 47. You must lodge a document by using the ECMS unless these rules permit you not to 24 48. Lodging documents by email 25 49. Form of documents lodged using ECMS or by email 25 49A. Time documents are lodged 26 49B. General provisions as to lodgment 26 49C. Lodging documents by post or fax 27 49D. The Court may convert paper documents to electronic form 27 Part 11 — How to serve documents Division 1 — General 50. Meaning of serve 28 51. How to serve a document 28 52. An enforcement officer may serve documents for you 29 53. You must lodge an affidavit after serving a document 29 Division 2 — Service at a residential or business address 54. Your address must be on each document 29 55. If you are not represented 30 56. If you are represented 30 57. If your address changes 31 Division 3 — Personal service 58. Service on an individual personally 31 59. Service on a partnership personally 32 60. Service on a corporation personally 32 61. Service on a public authority personally 32 Division 4 — Miscellaneous 62A. Applications for substituted service 33 Part 12 — How to make an application 62. How to make a written application 34 63. Your supporting affidavit 34 64. Application must be served 34 65. Response to an application 35 66. How the Court will deal with your application 35 Part 13 — Affidavits 67. Form of an affidavit 36 68. Content of an affidavit 36 Part 14 — If you need a litigation guardian 69. Terms used 37 70. When this Part applies 37 71. If you are a represented person 37 72. Affidavit your litigation guardian must lodge and serve if you are a represented person 38 73. If you are a child 39 74. Affidavits your litigation guardian must lodge and serve if you are a child 39 75. Person may apply to be appointed your litigation guardian 40 Part 15 — Miscellaneous 76A. If you are making an application under the Residential Tenancies Act 1987 41 76B. If you want to change venues 41 76C. If you want to correct typographical and other errors 41 76. You may discontinue claim 42 77. Availability of forms 42 78. Partnership name may be used 42 79. When you are required to do things personally and you are not an individual 42 80. Payments into Court 43 81. Registrar's powers under the Civil Judgments Enforcement Act 2004 43 Part 16 — Transitional rules for the Magistrates Court Rules Amendment Rules 2020 82. Terms used in this Part 45 83. Application of amended Rules in relation to transitional cases 45 84. Application of former Rules in relation to certain transitional cases 46 85. Listing transitional cases for a status conference 46 86. Court or registrar may give directions in relation to transitional issues 47 Part 17 — Transitional rules for the Magistrates Court Rules Amendment Rules 2022 87. Consumer/trader claims 48 Notes Compilation table 49 Defined terms Magistrates Court (Civil Proceedings) Act 2004 Magistrates Court (Minor Cases Procedure) Rules 2005