District Court Rules 2005

This rule does not apply to searches for, and inspections of, Court documents and information using the website called the eCourts Portal of Western Australia.

Any person is entitled, on payment of the prescribed fee, to search for, inspect and receive a copy of any of the following Court documents or information in a case —

the identity of the parties to a case;

the identity of the parties’ legal practitioners;

the date on which the case commenced;

the date and time of a hearing in the case;

a writ and the statement of claim (if any) endorsed on it under the RSC Order 6 rule 3;

an index of documents filed in a registry;

a judgment or order of the Court.

Subrule (1A) does not apply in relation to any document filed, or any judgment or order made, in any proceedings under the Surveillance Devices Act 1998.

An application made under subrule (3), (5) or (6) must be in writing and set out the grounds of the application.

After receiving an application made under subrule (3), (5) or (6) the Court may, in writing, direct the applicant to provide additional information in the form of an affidavit.

The Court is not required to deal with an application if the applicant fails to comply with a direction under subrule (2a).

A person may apply to the Court for an order that prohibits or restricts access to, or the publication or possession of, all or any part of the court record in respect of a case by a person or class of persons.

A party to a case is entitled, at no charge, to inspect and obtain a copy of any part of the court record in respect of the case other than the transcript.

A party to a case whose access to any part of the court record in respect of the case is restricted may apply to the Court for permission to inspect or obtain a copy of it.

A person who is not a party to a case may apply to the Court for permission to inspect or obtain a copy of all or a part of the court record not referred to in subrule (1A) in respect of the case.

The Court may grant an application made under subrule (5) or (6) if satisfied —

the applicant has sufficient cause to inspect or obtain the record in question; and

that access to or possession of the record by the applicant would be lawful.

An order made on an application made under subrule (5) or (6) may include —

an order that the applicant pay or make arrangements to pay the cost of supplying any copy of a court record;

conditions on which the applicant may inspect or obtain a copy of court record.

The Court may determine the cost of making and supplying a copy of a court record.

This rule does not entitle a person to search, inspect or obtain information, including a copy of any part of a document that contains information, that the person is prevented by a written law, an order made under a written law, or an order of a court from possessing.