› Extension of time — failure to file supporting affidavit
Practice and procedure
› Appeals
› Strike out — powers of registrar
Practice and procedure
› Self-represented litigants
› Opportunity to articulate grounds
Quick Take
1Grounds of appeal under District Court Rules 2005 (WA) r 51(3) must not merely allege error but must specify particulars demonstrating the decision is against the weight of evidence or the specific reasons why it is wrong in law; grounds addressing peripheral matters that do not go to the heart of the decision below are liable to be struck out.
2Where an appeal is filed out of time, r 51(2) requires an affidavit explaining the delay; failure to comply is fatal, though a registrar retains discretion to consider the merits of the explanation before striking out.
3A registrar exercising powers under r 55(3)(f) and r 57 may strike out an appeal where the grounds, even after amendment and oral elaboration by self-represented litigants, disclose no basis capable of success.
