The District Court has no power to extend the 21-day time limit for commencing an appeal from the Magistrates Court under s 40(3)(a) of the Magistrates Court (Civil Proceedings) Act 2004 (WA); the power to extend time under O 3 r 5 of the Rules of the Supreme Court operates only on time limits prescribed by rules of court, not on statutory time limits conferring the right of appeal. An appeal under s 40 is 'commenced' by filing the notice of appeal, not by filing and service. Only orders made 'pursuant to' s 15(5) of the Dividing Fences Act 1961 (WA) are 'final' under s 15(6); orders purportedly made under s 14 alone, without the determinations required by s 15(5), are not 'final' and do not preclude appeal.
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