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These rules are the District Court Rules 2005.
These rules come into operation on 30 May 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 —
a person’s personal injuries (including any illness suffered by him or her and any impairment of his or her physical or mental condition); or
a person’s death;
record means any thing or process —
on or by which information is recorded or stored; or
by means of which a meaning can be conveyed by any means in a visible or recoverable form,
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.]
For the purposes of the Restraining Orders Act 1997, the forms set out in the Magistrates Court (Civil Proceedings) Rules 2005 Schedule 1, as in force on 25 November 2017, are prescribed (with any necessary changes) in relation to the matters specified in those forms.
Where a form is in parts, then only those parts of the form that are relevant, taking into account the part heading, need be used for a particular copy of the form, or for a particular purpose.
[Rule 3A inserted: Gazette 2 Feb 2018 p. 317.]
If these rules require a person to file and serve a document, then unless these rules expressly provide otherwise, the person must —
file the document within any time limit for doing so; and
after filing the document, serve it on the other party or parties within 5 working days after the date on which it is filed.
These rules apply to and in respect of every case other than a case —
that was commenced by writ before 30 May 2005; and
in which an appearance was entered before 30 May 2005.
If a case is one to which these rules do not apply by virtue of subrule (1) —
the District Court Rules 1996 1 apply to and in respect of it, despite rule 72; and
the Court may at any time order that these rules apply to and in respect of it, despite subrule (1).
If an order is made under subrule (2)(b) in respect of a case, then, subject to the order, the District Court Rules 1996 1 cease to apply to and in respect of the case.
Despite subrules (1) and (2), Part 8 applies to and in respect of any case in which there is a judgment, as that term is defined in the Civil Judgments Enforcement Act 2004, that may be enforced under that Act.
[Rule 5 inserted: Gazette 23 Dec 2005 p. 6271.]
The RSC apply to and in respect of any case in the Court.
For the purposes of subrule (1) —
a reference in the RSC to “the Court” is to be taken as being a reference to the District Court, unless the context requires otherwise; and
a reference in the RSC to “case manager” is to be taken as being a reference to a legally qualified registrar, unless the context requires otherwise; and
a reference in the RSC to a case management direction under Order 4A is to be taken as being a reference to a case management direction made under Part 4 of these rules; and
a reference in the RSC to the RSC (whether “these Rules” or other words are used) is to be taken as including a reference to these rules, unless the context requires otherwise.
If there is a conflict or inconsistency between these rules and the RSC, these rules prevail.
[Rule 6 amended: Gazette 17 Jun 2011 p. 2159; 26 Jul 2013 p. 3409; 7 Sep 2018 p. 3183.]
If the Court issues a document in an electronic form that bears a facsimile of the Court’s seal, the sealed document as it appears electronically, or as it appears when printed on paper, is to be taken to have the same effect as if the Court’s seal had been lawfully applied to it by hand by an officer of the Court.
If the Court issues a document in an electronic form that bears either a typed signature or a facsimile signature of a District Court judge, registrar or other officer of the Court, the document as it appears electronically, or as it appears when printed on paper, is to be taken to have the same effect as if the signature had been lawfully applied to it by the judge, registrar or other officer of the Court.
[Rule 7 amended: Gazette 21 Jun 2016 p. 2201‑2.]
A legally qualified registrar may deal with any proceedings that a judge may deal with in chambers other than —
proceedings involving a review of the taxation of costs; and
proceedings in relation to an originating summons that raises for determination —
a question of law; or
a question as to the construction of a statute or document; or
a question arising out of an interest in land; or
a question arising out of or connected with a contract between a vendor and purchaser of land;
and
proceedings claiming an injunction or other order under the Supreme Court Act 1935 section 25(9); and
proceedings that under rules of court are to be dealt with by a judge; and
proceedings that the Chief Judge directs are to be dealt with by a judge.
A lay registrar may do any of the following —
conduct a case management hearing under Part 4 and make any order that may be made at such a hearing;
conduct a pre‑trial conference under Part 4 and make any order that may be made at such a conference;
conduct a listing conference under Part 4 and make any order that may be made at such a conference;
during the conduct of a pre‑trial conference or a listing conference, settle, sign and seal an order under the RSC Order 43 rule 16;
at times other than during the conduct of a pre‑trial conference or a listing conference, settle, sign and seal an order under the RSC Order 43 rule 16 if the solicitors for the parties to proceedings have, under that rule, filed a written consent to the making of the order.
[Rule 8 amended: Gazette 31 Jul 2007 p. 3808.]
9. Legally qualified registrar may be ordered to take account etc.
If in any proceedings the Court orders that an account be taken or that an inquiry be made, it may order that it be done by a legally qualified registrar.
When or after making an order under subrule (1) the Court may give orders or directions to assist the registrar.
While a registrar is taking an account or making an inquiry, a party may apply at any time, without a summons, to have the proceedings dealt with by a judge in which case the registrar must adjourn the proceedings accordingly.
[Rule 9 amended: Gazette 31 Jul 2007 p. 3808.]
10. Registrar may be required to calculate interest etc.
A judge may direct that the calculation of any interest, or the apportionment of any fund, for the purposes of a judgment be done and certified by a legally qualified registrar on the judgment.
The certificate of a registrar has effect according to its tenor without any further order of the Court.
[Rule 10 amended: Gazette 31 Jul 2007 p. 3808.]
Proceedings that may be dealt with by a registrar are not to be listed before a judge except —
as provided for in rule 9(3); or
on the reference of a registrar under rule 12; or
on an appeal to a judge under rule 15; or
in the case of a case management hearing, pre‑trial conference, or a listing conference, under Part 4, on the order of a judge; or
in the case of an application in an action or matter that is made after the action or matter is listed for trial; or
with leave from a judge.
A registrar may refer any proceedings before him or her to a judge who may deal with them or refer them back with or without directions.
Pending the determination of the proceedings the registrar may make an interim order.
13. Registrars’ powers to obtain evidence etc.
For the purpose of any proceedings that are to be dealt with by a legally qualified registrar, the registrar may —
summons a person to appear before him or her to give evidence orally; and
summons a person to appear before him or her to produce a document or other thing; and
examine a person, either orally or by written interrogatories; and
issue advertisements.
[Rule 13 amended: Gazette 31 Jul 2007 p. 3808.]
Any place where a legally qualified registrar sits is to be taken to be a judge’s chambers for the purpose of any proceedings which under rules of court may be dealt with by a registrar.
Subject to rule 8, for the purpose of proceedings before a registrar, a reference in rules of court to the Court includes a reference to a registrar.
[Rule 14 amended: Gazette 31 Jul 2007 p. 3808‑9.]