1Citation
These rules are the Magistrates Court (General) Rules 2005.
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Bill homepageThese rules are the Magistrates Court (General) Rules 2005.
These rules come into operation on the day on which the Magistrates Court Act 2004 comes into operation.
In these rules, unless the contrary intention appears —
Act means the Magistrates Court Act 2004;
approved form means a form approved by the Chief Magistrate;
approved user, of the ECMS, has the meaning given in the Criminal Procedure Regulations 2005 regulation 3(1);
CPA means the Criminal Procedure Act 2004;
ECMS means the electronic case management system for the management of proceedings in Western Australian courts and tribunals;
ECMS exempt, in relation to a document, has the meaning given in the Magistrates Court (Civil Proceedings) Rules 2005 rule 96;
Form, if followed by a number, means the form of that number in Schedule 2;
lodge a document, means to lodge it with the Court together with any fee required to be paid under the Magistrates Court (Fees) Regulations 2005;
non‑police registry means a registry where there is at least one registrar who is not a deputy registrar appointed under the Act section 26(5);
police registry means a registry where the only registrar is a deputy registrar appointed under the Act section 26(5);
registry means a registry of the Court;
working day means a day other than a Saturday, a Sunday, or a public holiday.
[Rule 3 amended: Gazette 23 Nov 2007 p. 5862; 15 Aug 2014 p. 2938; 31 Dec 2019 p. 4674-5; SL 2021/25 r. 15.]
The Court’s seal is to be in a form or forms approved by the Chief Magistrate.
The Principal Registrar must ensure that each registry has at least one such seal.
The registrar in charge of a registry must ensure that the Court’s seals are kept in safe custody and are used in accordance with these rules and any other applicable written law.
A person must not apply the Court’s seal to a document unless he or she is —
a registrar; or
a person authorised to do so by a registrar.
For the purposes of the Courts and Tribunals (Electronic Processes Facilitation) Act 2013 section 10, a document that is required to be sealed by the Court is authenticated if —
the Court issues the document in an electronic form; and
the electronic document bears a facsimile of the Court’s seal.
[Rule 7 inserted: Gazette 15 Aug 2014 p. 2938.]
Except as provided in —
Parts 6 to 9; and
the Magistrates Court (Civil Proceedings) Rules 2005 rule 98; and
the Magistrates Court (Minor Cases Procedure) Rules 2005 rule 46,
an application that is to commence a case may be lodged at any registry.
[Rule 8 inserted: Gazette 24 Aug 2007 p. 4322; amended: SL 2021/25 r. 16.]
Unless these rules provide otherwise, a document that is to be lodged in respect of a case that has been commenced must be lodged at the registry at which the case is being conducted.
An application made by a prosecutor without notice to the accused for an order under the CPA section 138 must be lodged at the registry of the Court sitting at Perth.
For the purposes of subrule (1), a document that is lodged by using the ECMS is taken to have been lodged at the registry where the case is being conducted.
[Rule 8A inserted: Gazette 24 Aug 2007 p. 4323; amended: Gazette 23 Nov 2007 p. 5862; SL 2021/25 r. 17; SL 2022/54 r. 6.]
An application made in accordance with the Bail Regulations 1988 regulation 9A for cancellation of a surety undertaking may be lodged at any registry of the Court.
[Rule 8B inserted: SL 2022/54 r. 7.]
A registrar may refuse to accept for lodging any form that does not contain the information required by the form and any document that does not comply with rules of court made by the Court or with any other written law.
An application under the Act section 17 to a magistrate for leave to lodge a document that a registrar has refused to accept must be made by lodging a Form 1A.
[Rule 10 amended: Gazette 23 Nov 2007 p. 5862.]
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