Magistrates Court (General) Rules 2005 (WA)

Western Australia Magistrates Court Act 2004 Magistrates Court (General) Rules 2005 Western Australia Magistrates Court (General) Rules 2005 Contents Part 1 — Preliminary 1. Citation 1 2. Commencement 1 3. Terms used 1 Part 2 — Administrative matters Division 1 — Court seals 4. Form and number of court seals 1 5. Custody of court seals 1 6. Use of court seals 1 7. Applying court seal electronically 1 Division 2 — Registry matters 8. Registry at which applications commencing a case must be lodged 1 8A. Registry at which documents must be lodged if a case has commenced 1 8B. Application for cancellation of surety undertaking 1 9. Some documents may be rejected for lodgment 1 10. Leave to lodge a refused document, application for (Act s. 17) 1 Division 3 — Lodging and serving documents electronically 11A. Certain rules do not apply to civil proceedings 1 11. Lodging documents by fax 1 12. Lodging documents through Court's website 1 13A. Lodging documents by means of ECMS 1 13B. Making documents available to court by means of ECMS 1 13C. Access to applications, notices and other documents through ECMS 1 13D. Listing matters for hearing using ECMS 1 13. Electronic address for service 1 14. Service by fax or email 1 15A. Documents issued by Court by means of ECMS 1 Division 4 — Recording proceedings 15. Terms used 1 16. Application of these rules 1 17. Transcripts may be in electronic form 1 18. Proceedings that are to be recorded and transcribed 1 19. Recorders and transcribers, duties of 1 20. Accuracy of transcript, requesting check of 1 21. Certificate of accuracy, form of 1 22. Recordings and transcripts, custody of 1 Part 3 — Delegated jurisdiction Division 1 — General 23. Oaths, who may administer 1 Division 2 — Registrar's jurisdiction 24. Civil jurisdiction of registrars 1 25. Criminal jurisdiction of registrars 1 Division 3 — Appeals against decisions by a registrar 26. Commencing an appeal (Act s. 29) 1 27A. Order for substituted service or dispensing with service 1 27. Appeal does not stay the case 1 28. Listing the appeal for hearing 1 Part 3A — General matters 28A. Magistrates, addressing etc. 1 28B. Civil cases, dealing with in chambers 1 Part 4 — Contempt of court 29. Terms used 1 30. Summonses and warrants (Act s. 16), form of 1 31. When contempt may be dealt with summarily 1 32. Contempts not dealt with summarily may be referred to Attorney General 1 33. Attorney General may prosecute alleged contempt 1 34. Charge of contempt, hearing of 1 35. Procedure for contempts generally 1 36. Outcome of contempt proceedings to be recorded 1 Part 5 — Court records Division 1 — Requests under Act s. 33(3) or (7) 37. Request to inspect or obtain a copy of a document (Act s. 33(3) or (7)) 1 Division 2 — Applications under Act s. 33(4) or (8) 38A. Term used: civil litigation information 1 38. Application for leave (Act s. 33(4)) 1 39. Application for access to information (Act s. 33(8)) 1 39A. Application for access to civil litigation information (Act s. 33(8)) 1 Division 3 — Transcripts and exhibits for media organisations under Act s. 33(9)(b) 40A. Terms used 1 40B. Media organisation may apply for transcript or exhibit 1 40C. Making applications 1 40D. Who may deal with applications 1 40E. Dealing with applications 1 40F. Court's power to publish unaffected 1 Division 4 — Information generally under Act s. 33(9)(b) 40. Criminal cases, information about available on request 1 41A. Civil cases, certain people entitled on request to certain information about 1 41. Conditions on access to records may be imposed 1 Part 6 — Criminal Procedure Act 2004 rules 42. Interpretation 1 43. Prescribed court officers 1 44. Prosecutions, where they must be commenced 1 45. Manner of lodging prosecution notice (CPA s. 24) 1 45A. Substituted prosecution notices 1 45B. Form of remand warrant for accused 1 46. Summons etc., amendment of (CPA s. 34) 1 46A. Disclosure requirements, applications relating to (CPA s. 138) 1 46B. Magistrates and registrars to verify orders 1 Part 7 — Fines, Penalties and Infringement Notices Enforcement Act 1994 rules 47. Terms used 1 48. Application to cancel licence suspension order (Act s. 101) 1 49A. Application to cancel enforcement warrant (Act s. 101AA) 1 49. Application to cancel licence suspension order (Act s. 101A) 1 Part 8 — Road traffic legislation rules 50. Terms used 1 50A. Application under RTA s. 71B, how to be made 1 50B. Application under RTA s. 71F, how to be made 1 51. Application under RT (AD) Act s. 27 or 35, how to be made 1 51A. Application under RTA s. 80J, how to be made 1 51AA. Application for return of item in or on confiscated motor cycle (RTA s. 80V(3)) 1 51B. Registries where applications may be lodged 1 52. Registrar's functions when application is made 1 53. Appearance at hearing of application 1 54. Hearing of application, procedure on 1 55. CEO to be notified of decision 1 Part 9 — Criminal Investigation Act 2006 rules 56. Application under Criminal Investigation Act 2006 s. 151, how to be made 1 57. Registries where applications may be lodged 1 58. Registrar's functions when application is made 1 59. Application must be served 1 Schedule 1 — Suburbs and registries Schedule 2 — Forms 1A. Application for leave to lodge a document (r. 10) 1 1B. Appeal against registrar's decision (r. 26) 1 1. Request to inspect or obtain copy of document from the Court (r. 37 and 40C) 1 2. Application for leave in respect of court record (r. 38) 1 3A. Application for access to information held by the Court (r. 39) 1 3. Application to cancel licence suspension order made in respect of infringement notice (r. 48) 1 4AA. Application to cancel enforcement warrant made in respect of infringement notice (r. 49A) 1 4. Application to cancel licence suspension order made in respect of a fine (r. 49) 1 4A. Application for an order for seized keys to be handed over (r. 50A) 1 4B. Application for revocation of disqualification notice (r. 50B) 1 8. Application by CEO to vary, cancel extraordinary licence (r. 51(4)) 1 9. Application by owner for delay of sale of uncollected vehicle and/or return of item (r. 51A) 1 10. Application for decision on whether information in seized record is privileged (r. 56) 1 Notes Compilation table 1 Defined terms Magistrates Court Act 2004 Magistrates Court (General) Rules 2005