Courts Legislation Amendment Act 2000 (WA)

Western Australia

Courts Legislation Amendment Act 2000

Western Australia

Courts Legislation Amendment Act 2000

CONTENTS

Part 1 — Preliminary

1.	Short title	2
2.	Commencement	2
Part 2 — Amendments to the *District*

Court of Western Australia

Act 1969

3.	The Act amended	3
4.	Section 24 amended	3
5.	Section 27A inserted	3

27A.

Employment of personal staff for Judges

6.	Section 88 amended	4
7.	Section 89A inserted	4

89A.

Fees and poundage

Part 3 — Amendments to the Liquor

Licensing Act 1988

8.	The Act amended	6
9.	Section 3 amended	6
10.	Section 8 amended	6
11.	Section 9 replaced	7

9. Appointment of the Judge of the Liquor

Licensing Court

12.	Sections 10 and 11 repealed	8
13.	Section 16 amended	8
14.	Transitional	8

Courts Legislation Amendment Act 2000

Contents

Part 4 — Amendment to the Local

Courts Act 1904

15.	The Act amended	9
16.	Section 91 amended	9
Part 5 — Amendments to the *Supreme Court Act 1935*
17.	The Act amended	10
18.	Part VI inserted	10
Part VI — Mediation

69.	Interpretation	10
70.	Protection of mediator	10
71.	Privilege	11
72.	Confidentiality	12

19.	Section 155 amended	13
20.	Section 155A inserted	13

155A.

Employment of personal staff for Judges

and Masters

21.	Section 163 amended	14
22.	Section 167 amended	14
23.	Section 169 repealed	15
24.	Section 170 amended	15
25.	Section 171 inserted	15

171.

Fees and poundage

Part 6 — Validation

26.

Validation

Western Australia

Courts Legislation Amendment Act 2000

No. 27 of 2000

An Act to amend —

the District Court of Western Australia Act 1969;

the Liquor Licensing Act 1988;

the Local Courts Act 1904; and

the Supreme Court Act 1935.

[Assented to 6 July 2000]

The Parliament of Western Australia enacts as follows:

Courts Legislation Amendment Act 2000

Part 1	Preliminary
s. 1

Part 1 — Preliminary

1. Short title

This Act may be cited as the Courts Legislation Amendment

Act 2000.

2. Commencement

(1)

This Act, other than the provisions set out in subsection (2),

comes into operation on the day on which it receives the Royal

Assent.

(2)

Sections 6, 7, and 21 to 25 come into operation on a day fixed

by proclamation.

(3)

Different days may be fixed under subsection (2) for different

provisions.

Courts Legislation Amendment Act 2000

Amendments to the District Court of Western Australia Act 1969

Part 2

s. 3

Part 2 — Amendments to the District Court of Western

Australia Act 1969

3. The Act amended

The amendments in this Part are to the District Court of Western

Australia Act 1969*.

[* Reprinted as at 1 January 1999.]

4. Section 24 amended

Section 24(1) is amended by deleting “any practitioner as

defined by the Legal Practitioners Act 1893, of not less than

8 years’ standing and practice,” and inserting instead —

“

a person qualified to be appointed a District Court

Judge under section 10,

”.

5. Section 27A inserted

After section 27 the following section is inserted —

“

27A.

Employment of personal staff for Judges

(1)

On the recommendation of the Chief Judge, the

Attorney General may employ, under contracts of

service, people to be associates, orderlies and other

assistants to the District Court Judges.

(2)

The Public Sector Management Act 1994 does not

apply to or in respect of the employment of a person

under subsection (1).

(3)

An arrangement under section 66 of the Public Sector

Management Act 1994 may be entered into between an

Courts Legislation Amendment Act 2000

Part 2	Amendments to the District Court of Western Australia Act 1969
s. 6

employing authority and the Attorney General under which a public service officer performs the functions, services or duties of an associate, orderly, or other

assistant to a District Court Judge.

”.

6. Section 88 amended

(1)	Section 88(2)(f) is deleted.
(2)	Section 88(3) is repealed.

7. Section 89A inserted

After section 89 the following section is inserted —

“

89A.

Fees and poundage

(1)	The Governor may make regulations prescribing or providing for —

(a)	the fees payable in respect of any cause or matter in the Court;
(b)	the fees payable in respect of the conduct of the business of any office of or connected with the Court; and
(c)	the fees and poundage payable in respect of anything done by the bailiff or officers of the bailiff in or in relation to the execution of any writ, warrant or other process.

(2)	Regulations made under subsection (1) may provide for the waiver, reduction, refund or deferral of payment, with or without conditions, of fees or poundage.

Courts Legislation Amendment Act 2000

Amendments to the District Court of Western Australia Act 1969

Part 2

s. 7

(3)

If a question arises as to the fee payable or applicable

in a particular case, that question is to be determined by

the Principal Registrar.

(4)

Any person affected by the determination of the

Principal Registrar under subsection (3) may have it

reviewed by a District Court Judge in a summary

manner.

”.

Courts Legislation Amendment Act 2000

Part 3	Amendments to the Liquor Licensing Act 1988
s. 8

Part 3 — Amendments to the Liquor Licensing

Act 1988

8. The Act amended

The amendments in this Part are to the Liquor Licensing

Act 1988*.

[* Reprinted as at 12 June 1998.]

9. Section 3 amended

Section 3(1) is amended as follows:

(a)	by deleting the definition of “Acting Judge”;
(b)	by deleting the definition of “the Judge” and inserting the following definition instead —

“

“the Judge” means a Liquor Licensing Court Judge

nominated or deemed to have been nominated

under this Act;

”.

10. Section 8 amended

(1)	Section 8(3) is amended by deleting “an Acting Judge” and inserting instead — “

a Liquor Licensing Court Judge nominated under

section 9(4)

”.

(2)	Section 8(4) is amended by deleting “an Acting Judge” and inserting instead — “

a Liquor Licensing Court Judge nominated under

section 9(4)

”.

Courts Legislation Amendment Act 2000

Amendments to the Liquor Licensing Act 1988	Part 3
s. 11

11. Section 9 replaced

Section 9 is repealed and the following section is inserted

instead —

“

9. Appointment of the Judge of the Liquor Licensing Court

(1)	Subject to subsection (2), the Liquor Licensing Court Judge shall be such District Court Judge, or Commissioner of the District Court appointed under section 24 of the District Court of Western Australia Act 1969, as the Chief Judge of the District Court of Western Australia shall from time to time nominate, either generally or for a specified time, to be the Liquor Licensing Court Judge.
(2)	On the day on which Part 3 of the Courts Legislation Amendment Act 2000 comes into operation, the person who, immediately before that day, held office as the Liquor Licensing Court Judge, is deemed to have been nominated as the Liquor Licensing Court Judge under subsection (1) and shall continue to hold that office as if section 9 had not been repealed until he or she dies, retires, or otherwise ceases to hold the office.
(3)	In the exercise of that office, the Liquor Licensing Court Judge has the same protection and immunity as a Judge has in respect of proceedings in the Supreme Court.
(4)	Where the person who is deemed under subsection (2) to have been nominated as the Liquor Licensing Court Judge —

(a)	is or is expected to be absent from duty for any reason; or

Courts Legislation Amendment Act 2000

Part 3	Amendments to the Liquor Licensing Act 1988
s. 12

(b)	declines to deal with any matter,

the Chief Judge is to nominate a District Court Judge

or a Commissioner of the District Court to be a Liquor

Licensing Court Judge for such period, or in respect of

such applications or matters, as may be specified in the

instrument of appointment.

”.

12. Sections 10 and 11 repealed

Sections 10 and 11 are repealed.

13. Section 16 amended

Section 16(7) is amended by deleting “or an Acting Judge”.

14. Transitional

If on the day on which sections 9, 10, 12, and 13 come into operation an Acting Judge of the Liquor Licensing Court is dealing with an application or matter the Acting Judge may continue to deal with the application or matter as if those

sections had not come into operation.

Courts Legislation Amendment Act 2000

Amendment to the Local Courts Act 1904	Part 4
s. 15

Part 4 — Amendment to the Local Courts Act 1904

15. The Act amended

The amendment in this Part is to the Local Courts Act 1904*.

[* Reprinted as at 14 February 2000.]

16. Section 91 amended

Section 91 is amended by deleting “into court” in both places

where it occurs and inserting instead —

“ to the plaintiff or the plaintiff’s solicitor ”.

Courts Legislation Amendment Act 2000

Part 5	Amendments to the Supreme Court Act 1935
s. 17

Part 5 — Amendments to the Supreme Court Act 1935

17. The Act amended

The amendments in this Part are to the Supreme Court

Act 1935*.

[* Reprinted as at 23 July 1999.]

18. Part VI inserted

After section 68 the following Part is inserted —

“

Part VI — Mediation

69. Interpretation

In this Part, unless the contrary intention appears —

“mediation under direction” means mediation carried

out by a mediator under a direction of the Court

under and subject to the Rules of Court;

“mediator” means —

(a)	a Registrar appointed by the Chief Justice to be a Mediation Registrar under the Rules of Court;
(b)	a person approved by the Chief Justice to be a mediator under the Rules of Court; or
(c)	a person agreed by the parties.

70. Protection of mediator

A mediator carrying out mediation under direction has

the same privileges and immunities as a Judge of the

Court has in the performance of judicial duties as a

Judge.

Courts Legislation Amendment Act 2000

Amendments to the Supreme Court Act 1935	Part 5
s. 18

71. Privilege

(1)	Subject to subsection (3), evidence of —

(a) anything said or done;

(b)	any communication, whether oral or in writing; or

in the course of or for the purposes of an attempt to

settle a proceeding by mediation under direction is to

be taken to be in confidence and is not admissible in

any proceedings before any court, tribunal or body.

(2)	Subject to subsection (3) —

(a)	any document prepared in the course of or for the purposes of an attempt to settle a proceeding by mediation under direction;
(b)	any copy of such a document; or
(c)	evidence of any such document,

is to be taken to be subject to a duty of confidence and is not admissible in any proceedings before any court, tribunal or body.

(3)	Subsections (1) and (2) do not affect the admissibility of any evidence or document in proceedings if —

(a)	the parties to the mediation consent to the admission of the evidence or document in the proceedings;
(b)	there is a dispute in the proceedings as to whether or not the parties to the mediation entered into a binding agreement settling all or any of their differences and the evidence or document is relevant to that issue;

Courts Legislation Amendment Act 2000

Part 5	Amendments to the Supreme Court Act 1935
s. 18

(c)	the proceedings relate to a costs application and, under the Rules of Court, the evidence or document is admissible for the purposes of determining any question of costs; or
(d)	the proceedings relate to any act or omission in connection with which a disclosure has been made under section 72(2)(c).

(4)	A mediator cannot be compelled to give evidence of anything referred to in subsection (1) or (2) or to produce a document or a copy of a document referred to in subsection (2) except —

(a)	in proceedings referred to in subsection (3)(d); or
(b)	in proceedings relating to a costs application where there is a dispute as to a fact stated or a conclusion reached in a mediator’s report prepared under the Rules of Court on the failure of a party to cooperate in the mediation and the evidence or document is relevant to that issue.

(5)	In subsections (3) and (4) —
“costs application” means an application for the costs

of the mediation or of the proceedings to which

mediation relates.

72. Confidentiality

(1)	Subject to subsection (2), a mediator must not disclose any information obtained in the course of or for the purpose of carrying out mediation under direction.

Courts Legislation Amendment Act 2000

Amendments to the Supreme Court Act 1935	Part 5
s. 19

(2)	Subsection (1) does not apply if —

(a)	the disclosure is made for the purpose of reporting under the Rules of Court on any failure of a party to cooperate in a mediation;
(b)	the disclosure is made with the consent of the parties;
(c)	there are reasonable grounds to believe that the disclosure is necessary to prevent or minimize the danger of injury to any person or damage to

any property; or

(d)	the disclosure is authorized by law or the disclosure is required by or under a law of the State (other than a requirement imposed by a subpoena or other compulsory process) or the Commonwealth.

”.

19. Section 155 amended

Section 155(4) is repealed.

20. Section 155A inserted

After section 155 the following section is inserted —

“

155A.

Employment of personal staff for Judges and

Masters

(1)	On the recommendation of the Chief Justice, the Attorney General may employ, under contracts of service, people to be associates, orderlies and other assistants to the Judges and Masters.

Courts Legislation Amendment Act 2000

Part 5	Amendments to the Supreme Court Act 1935
s. 21

(2)

The Public Sector Management Act 1994 does not

apply to or in respect of the employment of a person

under subsection (1).

(3)

An arrangement under section 66 of the Public Sector

Management Act 1994 may be entered into between an

employing authority and the Attorney General under

which a public service officer performs the functions,

services or duties of an associate, orderly, or other

assistant to a Judge or Master.

”.

21. Section 163 amended

(1)	Section 163(1) is amended by deleting “may be fixed by rules made by the Judges of the Supreme Court” and inserting instead —
“ are payable under the regulations ”.
(2)	Section 163(2) is amended by deleting “prescribed fees” and inserting instead —
“ fees payable under the regulations ”.

22. Section 167 amended

Section 167(1)(q) is deleted and the following paragraph is

inserted instead —

“

(q)	For enabling and regulating the mediation of any of the differences between any parties to a proceeding generally and, in particular, providing for —

(i) the reference of a proceeding or any part of a proceeding to a mediator with or without the consent of any party to the proceeding;

Courts Legislation Amendment Act 2000

Amendments to the Supreme Court Act 1935	Part 5
s. 23

(ii) the conduct of the mediator and of the parties;

(iii) the terms and conditions upon which the mediation conference is to be held; and

(iv) the admissibility of evidence in relation to a mediation for the purpose of determining the costs of the mediation or the costs of the proceedings between the parties to the mediation.

”.

23. Section 169 repealed

Section 169 is repealed.

24. Section 170 amended

(1)

Section 170(1) is amended by deleting “and all orders fixing the

fees and percentages to be taken in the Court or in any office

connected with the Court, or by any officer,”.

(2)

Section 170(2) is amended by deleting “or order” wherever

occurring.

25. Section 171 inserted

After section 170 the following section is inserted —

“

171. Fees and poundage

(1)	The Governor may make regulations prescribing or providing for —

(a)	the fees payable in respect of any cause or matter in the Court;

Courts Legislation Amendment Act 2000

Amendments to the Supreme Court Act 1935

s. 25

(b)	the fees payable in respect of the conduct of the business of any office of or connected with the Court;
(c)	the fees and poundage payable in respect of anything done by the sheriff, officers of the sheriff or a bailiff in or in relation to the
execution of any writ, warrant or other process; and
(d)	the fees and poundage payable in respect of anything done by the Marshall in Admiralty and officers of the Marshall in or in relation to
the execution of any writ, warrant or other process.

(2)

Regulations made under subsection (1) may provide for

the waiver, reduction, refund or deferral of payment,

with or without conditions, of fees or poundage.

(3)

If a question arises as to the fee payable or applicable

in a particular case, that question is to be determined by

the Principal Registrar.

(4)

Any person affected by the determination of the

Principal Registrar under subsection (3) may have it

reviewed by the Court in a summary manner.

”.

Courts Legislation Amendment Act 2000

Validation	Part 6
s. 26

Part 6 — Validation

26. Validation

To the extent that, before the coming into operation of

section 22, provisions of the Rules of the Supreme Court 1971

related or purported to relate to mediation —

(a)	those provisions are to be regarded as having been validly and lawfully made and published under and within the authority of the Supreme Court Act 1935 and

to have always had effect according to their terms; and

(b)	anything done under or purportedly done under those provisions is to be regarded as having been validly done and, to have always been, effectual in all respects.