DISTRICT COURT OF WESTERN AUSTRALIA ACT 1969 - SECT 6
DISTRICT COURT OF WESTERN AUSTRALIA ACT 1969 - SECT 6
6 . Terms used in this Act
(1) In this Act,
unless the contrary intention appears —
action means a civil proceeding commenced by writ
or in such other manner as is prescribed by rules of court and includes suit
but does not include any criminal proceeding;
auxiliary District Court judge means an auxiliary
District Court judge appointed under section 18A(1);
cause includes any action, suit or other original
proceeding between a plaintiff and a defendant and any criminal proceeding;
Chief Judge means the District Court judge
appointed the Chief Judge and includes a District Court judge appointed to act
in the office of Chief Judge under section 18(2a);
costs determination means a legal costs
determination made under the Legal Profession Uniform Law Application Act 2022
section 133;
Court means the District Court of Western
Australia established under this Act;
defendant includes every person served with any
writ of summons or process, or served with notice of, or entitled to attend, a
civil proceeding;
District Court judge means a judge of the Court,
acting judge of the Court or auxiliary District Court judge;
judgment includes a judgment, order or other
decision or determination of the Court or a District Court judge;
jurisdiction includes all powers and authorities
incidental to the exercise of jurisdiction;
jurisdictional limit means $500 000 and, on and
after 1 January 2009, means $750 000;
matter means a proceeding in the Court that is
commenced otherwise than by writ;
party includes a person served with notice of, or
attending a proceeding, although not named in the record;
plaintiff includes every person asking any relief
(otherwise than by way of counterclaim as a defendant) against any other
person by any form of proceeding;
practice and procedure includes matters relating
to costs, the method of pleading, the institution, conduct, trial or hearing
and adjudication in any proceeding, the attendance of witnesses, the custody
on bail of accused or convicted persons and the enforcement and execution of
judgments and all the jurisdiction and powers conferred and the matters
prescribed, provided for, or regulated by the rules of court;
registrar means the Principal Registrar, a
registrar, or a deputy registrar, appointed under section 25;
section means a section of this Act;
sheriff means the Sheriff of Western Australia and
any deputy sheriff appointed by the Sheriff of Western Australia.
(2) For the purposes
of this Act, legal experience is —
(a)
standing and practice as a legal practitioner; or
[(b) deleted]
(c)
judicial service (including service as a judge of a court, a magistrate or
other judicial officer) in the State or elsewhere in a common law
jurisdiction; or
(d) a
combination of both kinds of legal experience defined in this subsection.
[Section 6 amended: No. 7 of 1982 s. 8; No. 122 of
1984 s. 6; No. 53 of 1992 s. 9(3); No. 23 of 1997 s. 4; No. 57 of 1997 s.
48(1); No. 65 of 2003 s. 32(2), 111(2), (3), 125(2); No. 59 of 2004 s. 82(1)
and 85; No. 21 of 2008 s. 660(2) and (3); No. 9 of 2022 s. 351.]