Local Courts Act 1904 (WA)

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Western Australia

Local Courts Act 1904

This Act was repealed by the Courts Legislation Amendment and Repeal Act 2004 s. 4 (No. 59 of 2004) as at 1 May 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7128).

Western Australia

Local Courts Act 1904 ContentsPart I — Preliminary1 — Short title2 — Commencement3 — Interpretation4 — Repeal4A — SavingPart II — Courts, magistrates, and officers5 — Appointment of Local Courts6 — Courts to be courts of record7 — Seal of the court8 — Appointment of magistrates9 — Magistrates may act throughout State10 — Place and times of sittings10A — Magistrate may sit in a place appointed under section 38B11 — Jurisdiction in chambers12 — Deputy magistrate13 — Appointment of clerk and assistant clerks14 — Duties of clerk15 — Minutes of proceedings to be kept16 — Appointment of bailiffs17 — Bailiff’s assistants may act after the death or removal of bailiff18 — Duties of bailiffs19 — Bailiff not required to take out auctioneer’s licence20 — Remuneration of bailiffs21 — Bailiff answerable for escape and neglect to levy execution22 — Bailiff to give security23 — Officer not to be agent of a party24 — Remedies against and penalties on bailiffs and other officers for misconduct25 — No officer to be deemed a trespasser by reason of irregularity26 — Indemnity to persons acting under this Act28 — Privilege29 — Appearance may be in person or by a legal practitionerPart III — Jurisdiction30 — In personal actions31 — In case of partnership, intestacy and legacy32 — Equitable claims33 — Powers of court34 — Counterclaims35 — Rules of law to apply in all Local Courts36 — Where action may be commenced36A — Plaintiff may choose court37 — Court where magistrate can sue and be sued38 — Action against officer38A — Power of Judge to remove action or matter from one court to another38B — Changing venue to a place other than a court39 — Consent jurisdictionPart IV — Procedure40 — Action commenced by plaint41 — Summons to issue42 — Service43 — Substituted service44 — Proof of service45 — Notice of defence45A — Listing of action for trial45B — Pre‑trial conference45C — Delegation46 — Procedure where notice of defence not given — judgment by default47 — Setting aside judgment by default47A — Summary judgment or leave to defend where claim for debt or liquidated demand in money47B — Particulars of defence48 — Notice of special defence49 — Payment into court50 — Confession of or agreement as to debt51 — Judgment on such confession or agreement53 — Bankruptcy not to cause action to abate if trustee elects to continue it

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.