District Court of Western Australia Act Amendment Act 1972 (WA)

WESTERN AUSTRALIA.

DISTRICT COURT OF

WESTERN AUSTRALIA.

No. 40 of 1972.

AN ACT to amend sections 4, 5, 12, 17, 25, 50, 51, 53, 56, 60, 67 and 88 of the District Court of Western Australia Act, 1969-1970.

[Assented to 16th June, 1972.]

BE it enacted by the Queen's Most ExcellentMajesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

1. (1) This Act may be cited as the District	Short title
and citation.

Court of Western Australia Act Amendment Act,

1972.

(2) In this Act the District Court of Western Australia Act, 1969-1970 is referred to as the prin-	of 1969,
Act No. 84
amended by
Acts Nos.
cipal Act.	14 and 100
of 1970.

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(3) The principal Act as amended by this Act may be cited as the District Court of Western Australia Act, 1969-1972.

Commence-

ment. 2. (1) Subject to subsections (2) and (3) of this section, this Act shall come into operation on the date on which it receives the Royal Assent.

(2)

Sections 3 to 6, both inclusive, and sections 8, 9, and 12, of this Act shall come into operation on the date on which the Motor Vehicle (Third Party Insurance) Act Amendment Act, 1972 comes into operation.

Section 11 of this Act shall come into opera- tion on a date to be fixed by proclamation.

(3)

Amendment

to s. 4.	3. Section 4 of the principal Act is amended by
(Repeal and

Saving.)

adding after subsection (2a) a subsection as fol-

lows

(2b) The Chief Justice of Western Australia may make an order, at any time after hearing the parties concerned, remitting to the Court any action that

(a)	is commenced under the Supreme Court Act, 1935;
(b)	is pending on the date of the coming into operation of sections 8 and 12 of the District Court of Western Austra- lia Act Amendment Act, 1972; and
(c)	could have been commenced under this Act in the Court, if those sections had been in operation when the action was so commenced,

unless a party to the action satisfies the Chief Justice of Western Australia that for good cause shown the action should not be remitted to the Court. .

1972.] District Court of Western [No. 40.

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Amendment

4. Subsection (5) of section 5 of the principal to s. 5.

Act is repealed.

tion and(Construc-

application

of certain

Acts.)

5.    Subsection (3) of section 12 of the principal tomselme"t

Act is repealed and re-enacted as follows—	allowances
(Salaries and
of the
Dii str

(3) A District Court Judge who, at the time Cou rtct

Judges)

of his appointment as such, held the office of Chairman of the Third Party Claims Tribunal, established but subsequently abolished under the Motor Vehicle (Third Party Insurance) Act, 1943, shall be paid the same remuneration as is paid from time to time to a Puisne Judge of the Supreme Court, and shall not be paid a salary under subsection (1) of this section, but is for the purposes of section 14, deemed to be in receipt of a salary as a District Court Judge payable to the District Court Judge who holds the office of the Chairman of Judges. .

Amendment

6. Subsection (2) of section 17 of the principal to s. 17.

Act is repealed.

Court

(District

Judge not to

practise as

legal prac-

titioner.)

Amendment

Subsection (3) of section 25 of the principal Act is amended by adding after the word "Perth",

to s. 25.

(Power of

Governor to

appoint

being the last word in the subsection, the words

Registrar and other

"and there may be a Deputy Registrar for the Court

officers.)

sitting at Perth".

7.

8. Section 50 of the principal Act is amended— t:rigimen‘

(Civil juris-

diction.)

(a)	by adding after the section number "50." the subsection designation "(1)";
(b)	by adding after the word "actions", in line six the passage ", other than those of the kind referred to in subsection (2) of this section,"

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(c) by substituting for the word "six"—

(i) in line eight;

(ii) in line fourteen;

(iii) in line twenty-one; and

(iv) in line thirty-three,

the word "ten";

(d) by substituting for the word "three"—

(1) in line twenty-five; and

(ii) in line twenty-nine,

the word "five"; and

(e) by adding subsections as follows

(2) The Court has the same jurisdic- tion to hear and determine and may exercise all the powers and authority that the Supreme Court has and may exercise from time to time in relation to all per- sonal actions making a claim for damages in respect of the death of or bodily injury to a person caused by or arising out of the use of any motor vehicle.

(3) In subsection (2) of this section

"motor vehicle" includes

(a)	any vehicle propelled by gas, oil, electricity or any other motive power, not being animal power; and
(b)	a caravan, trailer or semi- trailer drawn or hauled by a motor vehicle. .

1972.] District Court of Western [No. 40.

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9. Section 51 of the principal Act is amended— Arse. " t

,iercl?cutngtarof

(a)	by adding after the section number "51." judgment	in excess of
the subsection designation "(1)" ;•	six thousand
dollars.)
(b)	by substituting for the word "six", in line five, and in line fourteen, the word "ten";
(c)	by substituting for the word "ten", in line six, the word "sixteen"; and
(d)	by adding a subsection as follows

(2) Subsection (1) of this section does

not apply to or in relation to a trial of any personal action of the kind referred to in subsection (2) of section 50.

10. Subsection (1) of section 53 of the principal Amendment to s. 53.

Act is amended by adding after the word "Court", (Powers and

in line eight, the passage "; and in all such actions, of Districtsauthoritie

matters or causes, the Registrar of the Court Judge and	Court
offi c ers of

appointed under section 25 has, and is deemed to the urt.)	Co
have always had, for the purposes of this Act, in addition to the powers and authorities conferred upon him by this Act, all the powers and authorities of the Master and the Registrar of the Supreme Court".

11. Subsection (2) of section 56 of the principal =rent

Act is repealed and re-enacted as follows—

(Enforce-

ment of

judgments.)

(2) A judgment debt shall carry interest at

such rate for every hundred dollars by the year as the Treasurer from time to time by notice published in the Government Gazette deter- mines commencing on and from the date of entering up the judgment until the date the judgment is satisfied, and the amount of the interest may be levied under a writ of fieri facias on the judgment.

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Amendment

to s. 60.	12.	Section 60 of the principal Act is amended
(Suing on

separate	by substituting for the word "six", in line four, and
security a
separate	in line six, the word "ten".
cause of action.)
Amendment

to s. 67. 13. Subsection (1) of section 67 of the principal

(Costs

Act is amended by substituting for the words "of

between

parties to

the Court", in line four, the words "at Perth or".

be on

Supreme

Court

scale.)

Amendment

Subsection (2) of section 88 of the principal Act is amended by substituting for the word "bailiff", being the last word in the subsection a passage as follows

to s. 88. 14.

(Rules of

Court.)

bailiff;

for the Registrar of the Court appointed

(g) under section 25, or any particular Deputy Registrar of the Court so appointed, to have power, either generally or in particu- lar cases and under such conditions as are prescribed, to do such things, to transact such business, and to exercise such autho- rity and jurisdiction as a Judge of the Court sitting in chambers may, by virtue of a statute, custom, or rule or practice of the Court, do, transact, or exercise, and to tax costs .