District Court Amendment Rules (No. 2) 2013 (WA)

31 December 2013 GOVERNMENT GAZETTE, WA 6549

JU304*

District Court of Western Australia Act 1969

District Court Amendment Rules (No. 2) 2013

Made by the Judges of the District Court.

1.             Citation

These rules are the District Court Amendment Rules
(No. 2) 2013.

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 20 January 2014.

3.             Rules amended

These rules amend the District Court Rules 2005.

4.             Rule 20 amended

(1) In rule 20(6) delete “taken not to have been filed at the
registry.” and insert:

taken —

(a)	not to have been filed at the registry; and
(b)	not to be part of the Court’s record.

(2) After rule 20(6) insert:

(7A)	If a party files a document electronically at the registry but does so in error, the Court may, with the consent of the party, remove the document from the Court record.
(7B)	The RSC Order 67 applies, subject to subrule (7C).
(7C)	A reference in the RSC Order 67 rule 5(1) to a registrar refusing to file a document is to be taken as including a reference to the Court removing from the Court record
a document filed electronically by means of the Court’s
website.

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5.             Rule 21 amended

In rule 21(6) delete “This” and insert:

Subject to the RSC Order 9, this

6.             Rule 22A replaced

Delete rule 22A and insert:

22A.	RSC Order 9A rule 2 and Order 12 rule 2 modified: form of memorandum of appearance
(1)	The RSC Order 9A rule 2 and Order 12 rule 2 apply, subject to this rule.
(2)	A memorandum of appearance filed in the Court must be in the form of Form 1AA.
(3)	Notice of an interested non-party may be made on the same form.

7.             Rule 22C amended

In rule 22C(1) after “to be” insert:

filed or

8.             Rules 23B and 23C inserted

At the end of Part 3 Division 4 insert:

23B.	RSC Order 58 rule 14 modified: form of originating summons
(1)	The RSC Order 58 rule 14 applies, subject to this rule.
(2)	An originating summons filed in the Court may be in the form of Form 1B.
(3)	The respondent to an originating summons must file a Form 1AA (Memorandum of appearance) in relation to the summons on or before the hearing date specified on the summons.
(4)	The respondent must serve the Form 1AA as soon as practicable after filing it.

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23C.	Enforcement of order under another Act giving jurisdiction
(1)	This rule applies to an order that may, under another
written law —

(a)	be filed with the Court; and
(b)	be enforced as if it were an order of the Court.

(2)	A party filing the order must also file a Form 1C (Notification of contact and service information) together with the order.
(3)	If a party against whom the order is made makes an interlocutory application in relation to the order, that party must file a Form 1C (Notification of contact and
service information) together with the application.
(4)	The party referred to in subrule (3) must serve the Form 1C as soon as practicable after filing it.

9.             Rule 23 amended

In rule 23 in the definition of mediator delete “who is approved
as a mediator by the Chief Judge.” and insert:

agreed by the parties and approved by the Court.

10.           Rule 35AA inserted

After rule 35 insert:

35AA. Settlement at mediations

(1)	At the conference the parties must, in good faith, attempt to settle the case or, failing settlement, resolve as many of the issues between them as possible and identify the issues to be tried.
(2)	Evidence of anything said or any admission made in the course of the conference is not admissible at the trial of the case.
(3)	Subrule (2) does not apply —

(a)	to the hearing of an application for costs arising out of the conference; or
(b)	to anything said or any admission made that all parties at the conference, in an agreement recorded in writing by the mediator, agree is admissible at the trial of the case.

6552 GOVERNMENT GAZETTE, WA 31 December 2013

11.           Rule 37 amended

After rule 37(4) insert:

(5) The Court may, in a particular case, direct that a form
other than Form 1 be used to enter the case for trial.

12.           Rule 41 amended

In rule 41(3)(a) after “lawyer” insert:

on the record

13.           Part 4 Division 3 Subdivision 5A inserted

After rule 41 insert:

Subdivision 5A — Settlement of cases

42A.	Offers of compromise
(1)	The RSC Order 24A applies, subject to subrule (2).
(2)	The RSC Order 24A rule 10(4) does not apply to a case.
(3)	Subrule (4) applies if —

(a)	an offer is made by a plaintiff; and
(b)	the offer is not accepted by the defendant; and
(c)	the plaintiff obtains judgment on the claim to which the offer relates; and
(d)	the judgment is no less favourable to the plaintiff than the terms of the offer.

(4)	Unless the Court otherwise orders, the plaintiff is
entitled to an order against the defendant for —

(a)	the plaintiff’s costs in respect of the claim from
the date on which the offer was made, taxed as between a law practice and its client; and
(b)	the plaintiff’s costs incurred before that date,

taxed on a party and party basis.

14.           Rule 44G amended

After rule 44G(4) insert:

(5) The Court may, in exceptional circumstances and on
such terms as it thinks just, set aside the dismissal of a
case under subrule (1).

31 December 2013 GOVERNMENT GAZETTE, WA 6553

(6) For the purposes of subrule (5) it does not matter that the case was dismissed before the commencement of that subrule.

15.           Rule 45H amended

In rule 45H(3)(c) delete “contention; and” and insert:

contention, and each relevant page or paragraph in that
authority; and

16.           Part 5 Division 3 inserted

At the end of Part 5 insert:

Division 3 — Medical examination

47A.	RSC Order 28 modified
(1)	The RSC Order 28 applies, subject to this rule.
(2)	For the purposes of subrule (1), a reference in the RSC
Order 28 rule 1 to a “medical practitioner” or a “medical adviser” is to be taken as being a reference to
a person registered under the Health Practitioner substantially similar law of another jurisdiction, in any
of the following health professions —

(a) dental;
(b) medical;
(c) occupational therapy;
(d) optometry;

(e) physiotherapy;

(f) psychology.

17.           Rule 47B inserted

At the beginning of Part 5A insert:

47B.	RSC Order 36A modified
(1)	The RSC Order 36A applies, subject to this rule.
(2)	For the purposes of subrule (1), a reference in the definition of medical evidence in the RSC Order 36A
rule 1 to “expert evidence on medical matters” is to be
taken as being a reference to the evidence of a person registered under the Health Practitioner Regulation National Law (Western Australia), or a substantially

6554 GOVERNMENT GAZETTE, WA 31 December 2013

similar law of another jurisdiction, in any of the

following health professions —

(a) dental;
(b) medical;
(c) occupational therapy;
(d) optometry;

(e) physiotherapy;

(f) psychology.

18.           Rule 58 amended

In rule 58(7) after “subrule (3)” insert:

or rule 61A

19.           Rule 61A inserted

At the end of Part 6 insert:

61A.	Return of security for costs deposit
If —

(a)	the Court has made an order for the payment of money by a party to the Court as security for the costs of an appeal (the security for costs deposit); and
(b)	under that order, the party has paid the security for costs deposit; and
(c)	no action has been taken on the appeal for 12 months; and
(d)	no claim has been made on the security for costs deposit,

the Court may return the security for costs deposit to
the party.

20.           Rule 71F inserted

At the beginning of Part 10 insert:

71F.	Term used: court record
In this Part —
court record in respect of a case, means —

(a) any record or thing held by the Court in respect of the case; and

31 December 2013 GOVERNMENT GAZETTE, WA 6555

(b) the transcript of proceedings in the case before the Court.

21.           Rule 71 amended

(1)	Delete rule 71(1) and (1A) and insert:
(1) This rule does not apply to searches for, and inspections of, Court documents and information using

the Court’s website.

(1A)	Any person is entitled, on payment of the prescribed fee, to search for, inspect and receive a copy of any of the following Court documents or information in a
case —

(a)	the identity of the parties to a case;
(b)	the identity of the parties’ lawyers;
(c)	the date on which the case commenced;
(d)	the date and time of a hearing in the case;
(e)	a writ and the statement of claim (if any) endorsed on it under the RSC Order 6 rule 3;
(f)	an index of documents filed in a registry;
(g)	a judgment or order of the Court.

(2) In rule 71(10):

(a) after “obtain” insert:

information, including

(b) delete “information that” and insert:

information, that

Note:	The heading to amended rule 71 is to read:
Access to records and things (registry)

22.           Rule 72 replaced

Delete rule 72 and insert:

72.           Access to records and things (Court’s website)

(1)	In this rule —
registered user means a person who is authorised to file documents electronically by filing an electronic
version of them by means of the Court’s website under
rule 20.

6556 GOVERNMENT GAZETTE, WA 31 December 2013

(2)	A registered user is entitled to search for, and inspect electronic copies of, any of the following Court documents or information in a case, whether or not the
registered user is a party to the case —

(a)	the identity of the parties to a case;
(b)	the identity of the parties’ lawyers;
(c)	the date on which the case commenced;
(d)	the date and time of a hearing in the case;
(e)	an index of documents filed in a registry.

(3)	A registered user who is a party to the case is entitled to search for, and inspect electronic copies of, any of the following Court documents or information in that
case —

(a)	documents filed electronically in a registry;
(b)	judgments or orders made by the Court.

(4) This rule does not entitle a person to search, inspect or
obtain information, including a copy of any part of a
document that contains information, that the person is
prevented by a written law, an order made under a
written law or an order of a court from possessing.

23.           Schedule 1 Form 1AA amended

In Schedule 1 Form 1AA after the row beginning “Date of filing”

insert:

Disclosure pursuant to RSC Order 9A

Identity of any

person who is an

interested non-party

(If applicable: see

Rules of the Supreme

Court 1971 Order 9A

rule 2 and District

Court Rules 2005

rule 22A(3))

31 December 2013 GOVERNMENT GAZETTE, WA 6557

24.           Schedule 1 Forms 1B and 1C inserted

After Schedule 1 Form 1A insert:

1B.	Originating summons (r. 23B)
District Court of Western Australia	Application No:

1

Held at Perth

Originating summons

Parties	Applicant
Respondent
Date of filing
Act or rule that
allows the

2

application

Summons

You, [respondent] of [respondent’s address], are required to attend

before the Court on the date set out in this summons for the hearing

of an application that:

1.

2.

3.

4.

5.

3

Hearing date	Date:
Time:
Place: District Court Building, 500 Hay Street,

1

Perth

Notice to the	If you do not attend before the Court on the
respondent	date set out in this summons, the Court may make such orders as it considers just and expedient in your absence.
If you wish to be heard on this application, you must file a Form 1AA (Memorandum of appearance) under the District Court Rules 2005 before, or on, the date set out in
this summons.

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Applicant’s contact and service details

Geographical

address of applicant

(Must be provided
unless otherwise
ordered by the Court:

see Rules of the

Supreme Court 1971

Order 71A rule 2 and

District Court

Rules 2005 rule 22C)

Name of lawyer

(If one has been

appointed)

Postal address for

service of documents

(Must be provided)

Email address

(Optional — if

provided, may be used for service of

documents)

Fax number

(Optional — if

provided, may be used for service of

documents)

Telephone number

Reference

Signature of	Date of signing:
applicant or lawyer	Applicant/lawyer
Notes to Form 1B —

1.        If not held at Perth, state the location of the relevant registry.

2.        State the name of the Act or rules and section or rule number under which the application is being made.

3.        The Court will complete this row when the originating summons is filed.

1C.	Notification of contact and service information (r. 23C)
District Court of Western Australia	Application No:

1

Held at Perth

Notification of contact

and service information

31 December 2013 GOVERNMENT GAZETTE, WA 6559

Parties	Applicant
Respondent
Date of filing

Service and contact details

Geographical

address of applicant

(Must be provided
unless otherwise
ordered by the Court:

see Rules of the

Supreme Court 1971

Order 71A rule 2 and

District Court

Rules 2005 rule 22C)

Name of lawyer

(If one has been

appointed)

Postal address for

service of documents

(Must be provided)

Email address

(Optional — if

provided, may be used for service of

documents)

Fax number

(Optional — if

provided, may be used for service of

documents)

Telephone number

Reference

Signature of	Date of signing:
applicant or lawyer	Party/lawyer
Note to Form 1C —

1.        If not held at Perth, state the location of the relevant registry.

6560 GOVERNMENT GAZETTE, WA 31 December 2013

25.           Schedule 1 Form 1 replaced

Delete Schedule 1 Form 1 and insert:

1.        Entry for trial (r. 37)

District Court of Western Australia Action No:

1

Held at Perth

Entry for trial

Matter	[Names of all parties]
Date of filing
Certificate	The [party] certifies that —

●	each party has given discovery to, and permitted inspection by, each other party;
●	all requests for answers to interrogatories have been answered or validly objected to (delete if inapplicable);
●	each party has complied with all case management directions and orders made by the Court;
●	the [party] does not require any other interlocutory orders to be made;
●	the [party] has complied with the Rules of the Supreme Court 1971 Order 36A;
●	the [party] has complied with the District Court Rules 2005 rule 36(1);
●	the [party] has complied with the District Court Rules 2005 rule 45C;
●	the [party] has complied with the District Court Rules 2005 rule 45D
(delete if inapplicable).

Entry for trial	The [party] enters this matter for trial.
Has the
requirement to attend a pre-trial conference been

2

dispensed with?

Unavailable dates	The parties are not available for a pre-trial
conference on these dates:

31 December 2013 GOVERNMENT GAZETTE, WA 6561

Date of pre-trial	Date:
conference /
Time:
directions hearing /

3

listing conference Place: District Court Building, 500 Hay Street,

1

Perth

Information about	All parties are required to attend the pre-trial
the pre-trial	conference in person accompanied by their
conference	respective lawyers. Where a party is a body corporate it must attend by an agent who is authorised by the body corporate to conduct settlement negotiations and settle the case.
At the pre-trial conference, the parties must, in good faith, attempt to settle the case or, failing settlement, to resolve as many of the issues
between them as possible and to identify the issues to be tried.
If the action is settled before the pre-trial conference please immediately notify the
Court that this has occurred.
Contact details of	Name
party or lawyer
Firm
Address
Phone Fax
Email
Reference

Date of signing:

Signature of person	Name of person
making this	making this
certification	certification
Notes to Form 1 —

1.        If not held at Perth, state the location of the relevant registry.

2.        If it has, specify the date of the order.

3.        The Court will complete this row when the entry for trial notice is filed. If a listing conference or directions hearing has already been allocated, insert this information into the hearing details.

Dated: 19th December 2013.

Judges signatures:

His Honour Chief Judge P. D. MARTINO.
Her Honour Judge S. M. DEANE.
His Honour Judge P. R. EATON.
His Honour Judge K. F. SLEIGHT.

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His Honour Judge P. P. McCANN. Her Honour Judge J. A. WAGER.

His Honour Judge A. S. STAVRIANOU.
Her Honour Judge T. D. SWEENEY.
His Honour Judge B. J. H. GOETZE.
His Honour Judge R. E. KEEN.
His Honour Judge M. J. BOWDEN.
Her Honour Judge A. M. I. SCHOOMBEE.
His Honour Judge C. P. STEVENSON.
His Honour Judge S. G. SCOTT.

Her Honour Judge F. C. E. DAVIS.

His Honour Judge P. B. O’NEIL.

His Honour Judge S. E. STONE.
His Honour Judge J. G. STAUDE.
His Honour Judge R. E. BIRMINGHAM.
His Honour Judge A. S. DERRICK.
Her Honour Judge A. G. BRADDOCK.
His Honour Judge D. R. PARRY.
His Honour Judge M. E. HERRON.