DISTRICT COURT RULES 2005
Table of Provisions
PART 1 -- Preliminary
- 1 Citation
- 2 Commencement
- 3 Terms used
- 3A Forms under Restraining Orders Act 1997
- 4 File and serve document, meaning of
- 5 Application of these rules
- 6 Rules of the Supreme Court 1971, application of
PART 2 -- Administrative matters
Division 1 -- Registry matters
- 7 Electronic transmission of signatures and Court’s seal
Division 2 -- Registrars’ jurisdiction
- 8 Registrars’ general jurisdiction
- 9 Legally qualified registrar may be ordered to take account etc.
- 10 Registrar may be required to calculate interest etc.
- 11 Registrars’ matters, when may be listed before judge
- 12 Registrar may refer matter to judge
- 13 Registrars’ powers to obtain evidence etc.
- 14 Registrars’ office taken to be judges’ chambers
Division 3 -- Appeals from registrars
- 15 Appeal lies from registrar to judge
- 16 Directions hearing for appeals from registrars
PART 3 -- Filing and service of documents
Division 2 -- Filing documents using ECMS
- 20 Some documents may be filed by using ECMS
Division 3 -- Serving documents
- 21 Service of documents
- 21A Service of documents by Court
Division 4 -- Miscellaneous
- 22A RSC Order 9A rule 2 and Order 12 rule 2 modified: form of memorandum of appearance
- 22C Party may not be required to state geographical address
- 22 Summonses for matters in chambers
- 23A Affidavits, form of
- 23B RSC Order 58 rule 14 modified: form of originating summons
- 23C Enforcement of order under another Act giving jurisdiction
PART 4 -- Case management
Division 1 -- Preliminary
- 23 Terms used
- 24 Meaning of case management direction
- 25 Enforcement order, meaning of
Division 2 -- Case management generally
- 26 Court may make case management directions etc.
- 27 Case management hearing, registrar may hold
Division 3 -- Case management of cases commenced by writ
Subdivision 1 -- Preliminary
- 28 Application
- 29 Various RSC provisions do not apply
- 31 Case management hearing, holding of
- 32 Case management hearing, conduct of
- 33 Case management directions etc. may be made in other proceedings
- 34 Duties of parties at case management hearing etc.
Subdivision 2 -- Mediations
- 35 Mediations
- 35AA Settlement at mediations
- 35A Mediation may serve as pre‑trial conference
Subdivision 3 -- Entry for trial, and ancillary matters
- 36 Legal practitioner to notify client of legal costs
- 37 Entering a case for trial
- 38 Plaintiff failing to enter case for trial, consequences
- 38A After entry for trial, no interlocutory application without leave
- 38B Countermanding entry for trial
Subdivision 4 -- Pre‑trial conference, and ancillary matters
- 39 Pre‑trial conference, preliminary matters
- 40 Pre‑trial conference
- 41 Ancillary matters for pre‑trial conferences
Subdivision 5A -- Settlement of cases
- 42A Offers of compromise
Subdivision 5 -- Listing conference
- 42 Listing conference, orders for purpose of
- 43 Listing conference
Subdivision 6 -- Inactive cases
- 43A Term used: Inactive Cases List
- 44 Effect of non‑compliance with Notice of Default
- 44A Cases inactive for 12 months deemed inactive
- 44B Registrar may issue summons to show cause
- 44C Springing order that case be put on Inactive Cases List
- 44D Parties to be notified of case being on Inactive Cases List and to advise clients
- 44E Consequences of case being on Inactive Cases List
- 44F Removing cases from Inactive Cases List
- 44G Certain inactive cases taken to have been dismissed
PART 4A -- Documents to be filed, served or delivered before trial
- 45A Application
- 45B Term used: trial date
- 45C Particulars of damages
- 45D Building and engineering contracts, actions involving claims under
- 45E Index of expert witness reports
- 45F Papers for judge
- 45G Reception of plans etc. in evidence
- 45H Outline of submissions
- 45I List of witnesses
PART 5 -- Obtaining evidence
Division 1 -- Discovery
- 46 RSC Order 26 modified in actions commenced by writ
Division 2 -- Interrogatories
Division 3 -- Medical examination
47A. RSC ORDER 28 modified
PART 5A -- Expert evidence
- 47B Terms used
- 47C RSC Order 36A does not apply
- 47D General procedural matters
- 47E Expert medical evidence in personal injury cases
- 47F Other expert evidence
- 47G Derogation of privilege
- 47H Enforcing this Part
- 47I Court may limit expert evidence
PART 5BA -- Subpoenas
48AA. RSC ORDER 36B rules 1 and 2 modified: subpoena must not require both attendance and production
- 48AB RSC Order 36B rule 3 modified: form of subpoena
- 48AC RSC Order 36B rule 5A modified: form of subpoena
- 48AD RSC Order 36B rule 6 modified: compliance with subpoena
- 48AE Subpoenas to produce not addressed to health professionals
- 48AF Subpoenas to produce addressed to health professionals
- 48AG RSC Order 36B rule 10 modified: disposal of documents and things produced
- 48AH RSC Order 36B rule 11 modified: losses and expenses incurred in compliance
- 48AI Documents produced not to be disclosed
PART 5B -- Applications before trial
- 48A Amending pleadings, RSC Order 21 modified
- 48B Interlocutory applications after listing for trial
PART 6 -- Appeals to the Court
- 49 Terms used
- 50 Appeal, nature of
- 51A Time for appealing
- 51 Commencement of appeals
- 52 Primary court to supply records when given notice
- 53 Appeal, responding to
- 55 Directions hearing
- 56A Dismissing appeals for want of prosecution
- 56 New grounds of appeal etc. only with leave
- 57 Court’s powers as to appeals
- 58A Orders in appeals, applying for
- 58B Consenting to orders
- 58 Discontinuance
- 59 Costs
- 60 Final orders on appeal
- 61A Return of security for costs deposit
PART 7 -- Hearings and trials
- 61 Outline of submissions etc. for certain hearings
- 62 Terms used
- 63 Applications etc. that may be dealt with by a registrar
- 64 Registrar’s decision, review of
- 65 Terms used
- 66 Applications, how they are to be made
- 67 Respondent’s rights and obligations
- 68 Court may order parties to be added
- 69 Deponents to attend for cross examination
- 70 Evidentiary matters
PART 10A -- Prohibited Behaviour Orders Act 2010 rules
- 71A Terms used
- 71B Application under Act s. 5, how to make
- 71C Application under Act s. 21, how to make
- 71D Responding to applications
- 71E Corrected PBO, registrar’s duties as to
PART 10 -- Miscellaneous
- 71F Term used: court record
- 71 Access to records and things (registry)
- 72 Access to records and things (eCourts Portal of Western Australia)
PART 11 -- Transitional and savings provisions
- 73 Terms used
- 74 Cases to which former rules apply
- 75 Outline of submissions for certain hearings