District Court Rules 2005

In these rules, unless the contrary intention appears —

address for service has a meaning affected by rule 17;

audio link has the meaning given to that term by the Evidence Act 1906 section 120;

case means any proceeding in the Court involving or in connection with the Court’s civil or appellate jurisdiction, irrespective of how it was commenced;

department means the department of the Public Service that principally assists the Minister in the administration of the Act;

ECMS means the electronic case management system for the management of proceedings in Western Australian courts and tribunals;

file a document, means to file it at the relevant registry together with any fee required to be paid under the District Court (Fees) Regulations 2002;

file and serve has the meaning given by rule 4;

file electronically, in relation to a document, means file an electronic version of the document under rule 20 by using the ECMS;

Form, if followed by a number, means the form of that number in Schedule 1;

health information has the meaning given in the Health Services Act 2016 section 213;

health professional has the meaning given in the Civil Liability Act 2002 section 5PA;

judge means a District Court judge;

lay registrar means a registrar who is not a legally qualified registrar;

legally qualified registrar means a registrar who is or has been a lawyer;

personal injuries action means an action in which a claim is made in respect of —

record means any thing or process —

whether or not the use or assistance of some electronic, electrical, mechanical, chemical or other device or process is required to recover or convey the information or meaning;

registered user means a person who is authorised to file documents electronically;

registry means a registry of the Court;

relevant registry to a case, means the registry of the Court where the documents relating to the case are being held;

RSC means the Rules of the Supreme Court 1971;

rules of court means these rules and, where applicable, the RSC;

serve means to serve in accordance with rule 21;

settle a case, includes to compromise the case;

video link has the meaning given to that term by the Evidence Act 1906 section 120;

working day means a day other than a Saturday, a Sunday, or a public holiday throughout the State.

[Rule 3 amended: Gazette 26 Jul 2013 p. 3409; 16 Mar 2018 p. 919; 7 Sep 2018 p. 3183; 31 Dec 2019 p. 4676; SL 2022/108 r. 4; SL 2023/209 r. 4.]