District Court Amendment Rules 2020 (WA)

678 GOVERNMENT GAZETTE, WA 24 March 2020

JUSTICE

JU301

District Court of Western Australia Act 1969

District Court Amendment Rules 2020

SL 2020/18

Made by the judges of the District Court.

1.   Citation

These rules are the District Court Amendment Rules 2020.

2.   Commencement

These rules come into operation as follows —

(a) rules 1 and 2— on the day on which these rules are published in the Gazette;

(b) the rest of the rules — on the day after that day.

3. Rules amended

These rules amend the District Court Rules 2005.

4.           Rule 61A replaced

Delete rule 61A and insert:

61A. Return of security for costs deposit

party to the Court as security for the costs of an appeal.

(1) In this rule —

concluded, in relation to an appeal, means decided,

dismissed or discontinued;

former security for costs provision means —

(a) rule 51(5) or 53(6) of these rules as in force before the day on which the District Court

Amendment Rules 2010 rules 9 and 10 came

into operation; or

(b)	the repealed District Court Rules 1996 Order 8 rule 6 or 10; or
(c)	the repealed District Court (Appeal) Rules 1977 rule 7 or 11;

security for costs deposit means an amount paid by a

24 March 2020 GOVERNMENT GAZETTE, WA 679

(2) This rule applies to a security for costs deposit paid

under —

(a)	an order of the Court; or
(b)	a former security for costs provision.

(3) The Court must return the security for costs deposit to
the party who paid the deposit if —

(a) the appeal to which the deposit relates —

(i)    has not concluded, but no action has been taken on the appeal for 12 months; or

(ii)    has concluded, and within 12 months after the day on which the appeal concluded the Court made no order, and the parties did not file a written agreement, as to the disposal of the deposit (whether under these rules, the repealed District Court Rules 1996 or the repealed District Court (Appeal)

Rules 1977);

and

(b) no claim has been made on the deposit.

His Honour KEVIN FREDERICK SLEIGHT,
Chief Justice of the District Court,

District Court of Western Australia.

Date 11 March 2020.