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s 83

Prohibition proceedings, procedure

In force

83 Prohibition proceedings, procedure

(1)

When an application is made to the Supreme Court or a judge thereof for a writ of prohibition addressed to a District Court judge or the Court, the District Court judge —

(a)

shall not be served with notice; and

(b)

shall not, except by order of a judge of the Supreme Court, be required to appear or be heard on the application; and

(c)

shall not be liable to any order for the payment of costs thereof,

but the application shall be proceeded with and heard in the same manner in all respects as a case of an appeal duly brought from a judgment of a District Court judge.

(2)

Notice of the application referred to in subsection (1) shall be given to or served upon the same parties as in the case of an appeal against a judgment or an order made or refused by a District Court judge in a matter within his jurisdiction.

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Section 83 — Prohibition proceedings, procedure — District Court of Western Australia Act 1969 (Western Australia) — Barrister AI