District Court Amendment Rules 2005 (WA)

(i270 GOVERNMENT GAZETTE, WA 23 December 2005

JUSTICE

.J U301*

District Court of Western Australia Act 1969

District Court Amendment Rules 2005

The amendments in these rules are to the District Court
Rules 2005*.

[* Published in Gazette 27 May 2005, p. 2335-921

Made by the District Court Judges.

1.            Citation

These rules are the District Court Amendment Rules 2005.

2.            Commencement

These rules come into operation on 1 January 2006.

3.            The rules amended

6272 GOVERNMENT GAZETTE, WA 23 December 2005

No. How a document may be When the document is to be

served on a person taken to have been served

2.	By putting it in a pigeonhole	On the next working day after it
at the Court that is used by	is put in the pigeonhole.
the person's lawyer.
3.	If the person has provided a	If the fax is sent before 4.00 p.m.
fax number under rule 18, by	on a working day, on that day.
sending it by fax to that	Otherwise, on the next working
number.	day after the fax is sent.
4.	If the person has provided an	If the email is sent before 4.00
email address under rule 18,	p.m. on a working day, on that
by emailing it (whether or not	day. Otherwise, on the next
as an attachment) to that	working day after the email is
address.	sent.
5.	If the person has provided an	On the next working day after
email address under rule 18,	the email is sent.
by putting it in an electronic mailbox maintained by the Court and sending the person an email at that address that says it is in the mailbox.

7. Rule 35 amended
After rule 35(9) the following subrule is inserted -

(10) Rule 41, other than subrule (3), applies to the

conference as if any reference in it to a pre-trial conference were a reference to the conference.

8.             Rule 35A inserted

After rule 35 the following rule is inserted -

35A.	Mediation may serve as pre-trial conference
(1)	If, pursuant to a case management direction, the parties to a case have conferred with a mediator, the Court may order that there is not to be a pre-trial conference in the case.
(2)	An order under subrule (1) may be made -

(a)	at the conference with the mediator, if the mediator is a Registrar;
(b)	after the conference with the mediator;
(c)	before or after the case is entered for trial;
(d)	even if notice of a pre-trial conference has been given under rule 39;
(e)	on the application of a party or, after notifying the parties, on the Court's own initiative.

23 December 2005 GOVERNMENT GAZETTE, WA 6273

(3) If the Court makes an order under subrule (1),

rules 40(5), (6) and (7), 41 and 42 apply as if the
conference with the mediator had occurred at, or as
ordered in, a pre-trial conference.

9.            Rule 39 amended

Rule 39(1) is amended by inserting after "conference" -

unless an order has been made under rule 35A ".

10.          Rule 40 amended

(1) After rule 40(4) the following subrule is inserted -

44

(4a) The presiding officer need not act under subrule (4) if,

pursuant to a case management direction, the parties

have conferred with a mediator.

(2) Rule 40(5) is amended as follows:

(a)	by inserting after "subrule (4)" - " or (4a) ";
(b)	by deleting "does not result" and inserting instead -

46

has not resulted ".

11. Rule 73 repealed
Rule 73 is repealed.

Dated: 20/12/2005.

Judges' signatures:
A. KENNEDY. (J)	P. J. WILLIAMS. (J)
P. J. HEALY. (J)	H. J. WISBEY. (J)
P. D. MARTINO. (J)	M. D. F. O'SULLIVAN. (J)
R. A. MAZZA. (J)	P. R. EATON. (J)
J. CRISFORD. (J)	V. J. FRENCH. (J)
P. M. McCANN. (J)	S. M. DEANE. (J)
W. G. GROVES. (J)	R. A. MACKNAY. (J)
M. A. YEATS. (J)	H. H. JACKSON. (J)