Magistrates Court (Civil Proceedings) Rules 2005 (WA)

Western Australia Magistrates Court (Civil Proceedings) Act 2004 Magistrates Court (Civil Proceedings) Rules 2005 Western Australia Magistrates Court (Civil Proceedings) Rules 2005 Contents Part 1 — Preliminary 1. Citation 1 2. Commencement 1 3. These rules to be read with Magistrates Court (General) Rules 2005 1 4. Terms used 1 5. Application of these rules 1 Part 2 — Claims generally 6. Application of this Part 1 7. Originating claim, making and serving 1 7A. Statement of claim 1 8. Making and serving third party claim 1 9. Response to claim 1 10. Statement of defence or statement of defence and counterclaim 1 11. Objecting to counterclaim (Act s. 9(4)) 1 12. Reply and statement of defence to counterclaim 1 Part 3 — Claims to recover possession of real property 13. Claim to recover possession of real property, making 1 14. Notice demanding possession, lodging 1 15. Serving claim 1 16. Registrar to list case for status conference 1 Part 5 — Failure to defend a claim 20. Application of this Part 1 21. Assessing claims when application for default judgment is made 1 23. Claim to recover possession of personal property, default judgment for 1 24. Default judgment not to be given in certain cases 1 25A. Default judgment one year or more after originating claim, referral to Magistrate 1 25. Application for default judgment to be dismissed if not granted 1 26. Costs when registrar gives default judgment 1 Part 6 — Admission and discontinuance 27. Admitting alleged facts, manner of 1 28. Invitation to admit alleged fact 1 29A. Party admitting whole claim, judgment in case of 1 29B. Party admitting part of claim may offer to settle claim 1 29C. Party admitting whole claim may dispute amount claimed 1 29. Party may discontinue claim 1 Part 7 — Disclosure of documents 30A. Informal disclosure 1 30. Party must disclose documents when ordered 1 31. Affidavit of disclosure 1 32. Objecting to disclosure of documents 1 33. Inspecting disclosed documents 1 34. Disclosed documents to be available at trial 1 Part 8 — Answers to interrogatories and requests for further particulars 35. Order to answer interrogatories, application for (Act s. 16(1)(n)) 1 36. Party must answer interrogatories when ordered 1 37. Affidavit of answers 1 38. Requesting further particulars of a pleading 1 Part 9 — Pre‑trial conferences 39. Listing of pre‑trial conferences 1 40. Pre‑trial conference, purpose of and registrar's powers at 1 41A. Statement of claim, effect of order to lodge 1 41B. Effect of order to lodge statement of defence or statement of defence and counterclaim 1 41D. Amending documents lodged and served under Part 2 1 41. Attendance at pre‑trial conferences 1 42. Further pre‑trial conference or status conference may be listed 1 43. Things said or done at pre‑trial conference, status of 1 Part 10 — Status conferences 45. Purpose of status conference 1 46. Attendance at status conference 1 47. Powers of magistrate at status conference 1 Part 11 — Mediation 49. Mediation conference, parties to arrange if Court orders mediation 1 50. Attendance at mediation conferences 1 51. Outcome of mediation, claimant to lodge notice of 1 52. Further status conference if case not settled at mediation 1 Part 12 — Consent orders and settlement Division 1 — Consent 53. Consenting to judgment or order, manner of 1 54. Memorandum of consent, registrar's powers on 1 55. Consent by one party, manner of giving 1 56. Person under legal disability, settling claims involving 1 Division 2 — Offers of settlement 57. Offer of settlement, making 1 58. Offers to be confidential and made without prejudice 1 59. Receipt of offer to be acknowledged 1 60. Period within which offer may be accepted 1 61. Accepting offer 1 62. Period within which offered sums must be paid 1 63. Withdrawing acceptance of offer 1 64. Requesting and giving judgment after offer accepted 1 65. Post‑offer costs, orders for 1 Part 13 — Trial Division 1 — General 66. Terms used 1 67. Who is first party to present case 1 68. Opening addresses and adducing evidence, order of 1 69. Closing addresses, order of 1 70. Attendance at trial 1 Division 2 — Witnesses 71. Witness summons 1 71A. Compliance with witness summons 1 72. Expert evidence, orders required for 1 73. Children and special witnesses, application for orders as to evidence of 1 74. Affidavit evidence, when may be adduced 1 Division 3 — Exhibits 75. Records requiring device to read, admission of 1 76. Return of exhibits after trial 1 Part 14 — Orders and judgments 77. Person under legal disability, payments to 1 78. Certificate of judgment, requesting 1 79. Applying to set aside summary or default judgment (Act s. 17(3), 18(6) and 19(3)) 1 80. Registrars' decisions taken to be decision of Court 1 Part 15 — Costs Division 1 — Assessments 81. Bill of costs: lodging and serving 1 82. Bill of costs: objecting to 1 83. Assessment when objection made 1 84. Assessment when no objection made 1 85. Bill of costs: form of, and supporting documents 1 86. Assessments, conduct of 1 Division 2 — Determining value of claim 87. Value of claim to be determined under this Division 1 88. Originating claim successful and no successful counterclaim, value of originating claim 1 89. Originating claim and counterclaim successful, value of each 1 90. Originating claim unsuccessful and counterclaim successful, value of counterclaim 1 91. Originating claim and counterclaim unsuccessful, value of each 1 92. Claims by or against third parties, value of 1 93. Claims to recover possession of real property, value of 1 94. Claims to recover possession of personal property, value of 1 Division 3 — Security for costs 94A. Term used: claimant 1 94B. Factors that are not grounds for ordering security for costs 1 94C. Grounds for ordering security for costs 1 94D. Court has discretion 1 94E. Manner of giving security 1 94F. Action may be stayed 1 94G. Payment out 1 Part 16A — Inactive cases 95A. Term used: inactive case 1 95B. Case taken to be inactive 1 95C. Notification of inactive case 1 95D. Consequences of case becoming an inactive case 1 95E. Cases no longer taken to be inactive 1 95F. Certain inactive cases taken to be dismissed 1 Part 16 — Lodging documents 95. Terms used 1 96. ECMS exempt 1 97. General rules about lodging documents 1 98. Registry at which originating claims and applications must be lodged 1 98A. Lodging multiple copies 1 98B. Powers of the Court in relation to lodgment 1 98C. Requirement to lodge documents using the ECMS 1 98D. Lodging by email 1 98E. Form of documents lodged using ECMS or by email 1 98F. Lodging by post 1 98G. Lodging by fax 1 98H. Time of lodgment 1 99. Chief Magistrate may declare ECMS unavailable 1 Part 17 — Serving documents Division 1 — General 99A. Terms used 1 100. Service of documents 1 101. How documents served 1 102. Address for service in lodged documents 1 103. Certificate of service by enforcement officer, administrative staff member or departmental officer 1 104. Affidavit of service by other persons 1 Division 2 — Personal service 105. Personal service on individual, how effected 1 106. Personal service on partnership, how effected 1 107. Personal service on corporation, how effected 1 108. Personal service on public authority, how effected 1 Division 3 — Miscellaneous 109A. Substituted service, applying for (Act s. 16(1)(t)) 1 Part 18 — Applications 109. Applying for Court order except judgment 1 110. Supporting affidavit 1 111. Application must be served 1 112. Response to application 1 113. Dealing with application 1 113A. No response filed 1 Part 19 — Affidavits 114. Form of affidavits 1 115. Content of affidavits 1 Part 20 — Litigation guardians 116. Terms used 1 117. Application of this Part 1 118. Represented persons to have litigation guardians 1 119. Litigation guardian of represented person must lodge affidavit 1 120. Children, litigation guardians for 1 121. Litigation guardian of child must lodge affidavit 1 122. Litigation guardian, application by to be appointed 1 Part 20A — Litigation funders 122A. Term used: litigation funder 1 122B. Claimant to notify Court of litigation funder 1 122C. Disclosure of agreements relating to litigation funder 1 Part 21 — Jurisdiction conferred by other Acts Division 1 — General 123. Terms used 1 124. Applications to which this Division applies 1 125. Application, form of 1 126. Application must be served 1 127. Registrar to list case for status conference 1 128. Application of rules generally 1 129A. Dealing with application 1 129AB. Animal Welfare Act 2002 s. 44 and 56, application under 1 129B. Criminal and Found Property Disposal Act 2006, application under 1 129C. Criminal Investigation Act 2006 s. 49(1) and 147(5), application under 1 129CA. Application under Criminal Law (Mental Impairment) Act 2023 s. 88 1 129D. Mandatory Testing (Infectious Diseases) Act 2014 1 129. Disposal of Uncollected Goods Act 1970, application under 1 130A. Application under Fines, Penalties and Infringement Notices Enforcement Act 1994 s. 52N(1) 1 130B. Dealing with application under Fines, Penalties and Infringement Notices Enforcement Act 1994 s. 52N(1) 1 130C. Process where summons issued under Fines, Penalties and Infringement Notices Enforcement Act 1994 Pt. 4 Div. 3E 1 130D. Process where arrest warrant issued under Fines, Penalties and Infringement Notices Enforcement Act 1994 Pt. 4 Div. 3E 1 130E. Process for warrant of commitment inquiry under Fines, Penalties and Infringement Notices Enforcement Act 1994 Pt. 4 Div. 3E 1 130. Fines, Penalties and Infringement Notices Enforcement Act 1994 s. 69(1), application under 1 131AA. Fines, Penalties and Infringement Notices Enforcement Act 1994 s. 94(2), application under 1 131AB. Fines, Penalties and Infringement Notices Enforcement Act 1994 s. 94, location of interpleader proceedings 1 131AC. Fines, Penalties and Infringement Notices Enforcement Act 1994 s. 94, interpleader proceedings 1 131AD. Fines, Penalties and Infringement Notices Enforcement Act 1994 s. 94, power to delay sale 1 131A. National Consumer Credit Protection Act 2009 (Cwlth) s. 199(1)(b), application under 1 131B. Prohibited Behaviour Orders Act 2010, application under 1 131C. Weapons Act 1999 s. 17(1), application under 1 Division 1A — Restraining Orders Act 1997 131CAA. Terms used 1 131CAB. Fixing conference under s. 49D 1 131CA. Fixing hearing under s. 9 or 26 1 131CB. Preparing, serving and delivering restraining orders under s. 10(1) 1 131CC. Application for FVRO under s. 24A 1 131CD. Application for VRO under s. 25 1 131CE. Applicant's declaration if application is to be made by ECMS 1 131CF. Relationship with Magistrates Court (General) Rules 2005 Pt. 2 Div. 3 1 131D. Forms under Act 1 131E. Court may notify or give documents by email 1 Division 2 — Civil Judgments Enforcement Act 2004 131. Means inquiries, registrars' powers for 1 132. Other applications and requests dealt with by registrars 1 Division 3A — Warehousemen's Liens Act 1952 133AAA. Terms used 1 133AAB. Application for order under s. 7(7A) 1 133AAC. Payments into court under s. 10(2A) 1 133AAD. Application for order under s. 10(2B) 1 133AAE. Court may act on its own initiative under s. 10(2B) 1 Division 3 — Applications under other written laws 133AA. Applications under other written laws, making etc. 1 Part 22 — Miscellaneous 133A. Change of venue, application for (Act s. 22) 1 133B. Typographical and other errors, correcting 1 133. Forms to be available 1 134. Partnerships, conduct of cases by 1 135. Who may sign or do other things for partnerships, corporations etc. 1 136. Cases remitted from superior court 1 137. Payments into Court 1 138. Residential Tenancies Act 1987 s. 18(2)(b), notices under 1 Part 23 — Transitional rules for the Magistrates Court Rules Amendment Rules 2020 139. Terms used in this Part 1 140. Application of amended Rules in relation to transitional cases 1 141. Application of former Rules in relation to certain transitional cases 1 142. Listing transitional cases for a status conference 1 143. Court or registrar may give directions in relation to transitional issues 1 Schedule 1 — Forms prescribed for Restraining Orders Act 1997 Notes Compilation table 1 Defined terms Magistrates Court (Civil Proceedings) Act 2004 Magistrates Court (Civil Proceedings) Rules 2005