Magistrates Court (Civil Proceedings) Amendment Rules 2013 (WA)

6542 GOVERNMENT GAZETTE, WA 31 December 2013

JUSTICE

JU301*

Magistrates Court (Civil Proceedings) Act 2004

Magistrates Court (Civil Proceedings)

Amendment Rules 2013

Made by the Magistrates Court.

1.             Citation

These regulations are the Magistrates Court (Civil Proceedings)
Amendment Rules 2013.

2.             Commencement

These regulations come into operation as follows —

(a) regulations 1 and 2 — on the day on which these

regulations are published in the Gazette;

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

31 December 2013 GOVERNMENT GAZETTE, WA 6543

3.             Regulations amended

These regulations amend the Magistrates Court (Civil
Proceedings) Rules 2005.

4.             Part 16A inserted

After Part 15 insert:

Part 16A — Inactive Cases List

95A.	Term used: Inactive Cases List
In this Part —
Inactive Cases List means the list kept by the Principal Registrar under rule 95B(4).
95B.	Case taken to be inactive
(1)	If no procedural step is taken in a case for 12 months by a party to a case, the case is taken to be inactive unless the Court orders otherwise.
(2)	A magistrate or registrar making an order or direction in exercise of a case management power may direct that, unless the order or direction in exercise of the case management power is complied with by a specified date, the case is to be taken to be inactive.
(3)	Unless countermanded by a magistrate or registrar before it has effect, a direction made under subrule (2) has effect according to its terms.
(4)	The Principal Registrar is to keep a list of cases taken to be inactive.
95C.	Parties to be notified of case being on Inactive Cases List
(1)	When a case is taken to be inactive under rule 95B, the
Principal Registrar is to —

(a)	put the case on the Inactive Cases List; and
(b)	give all parties to the case written notice of —

(i)      the fact that the case is on the Inactive Cases List and why; and

(ii)      the effect of rule 95D.

(2)	If a lawyer representing a party receives a notice under subrule (1), the lawyer is to notify the party as soon as
practicable of —

(a)	the fact that the case is on the Inactive Cases List and why; and
(b)	the effect of rule 95D.

6544 GOVERNMENT GAZETTE, WA 31 December 2013

95D.	Consequences of case being on Inactive Cases List
The only documents that may be lodged in the Court in
relation to a case on the Inactive Cases List are —

(a)	an application for an order under rule 95E; or
(b)	a notice of discontinuance under rule 29; or
(c)	a memorandum of consent under rule 53 to an order or judgment that would finally dispose of the case.

95E.	Removing cases from Inactive Cases List
(1)	A party to a case on the Inactive Cases List may apply to the Court for an order that the case be taken off the Inactive Cases List.
(2)	The Court may order that a case be taken off the
Inactive Cases List —

(a)	if it is satisfied that the case will be conducted in a timely way; or
(b)	for any other good reason.

(3)	When the Court orders that a case be taken off the Inactive Cases List, it may make further orders for the conduct of the case in a timely way.
95F.	Certain inactive cases taken to be dismissed
(1)	A case that is on the Inactive Cases List for 6 continuous months is taken to be dismissed.
(2)	If no procedural step is taken in the 6 months after the date on which a case is ordered to be taken off the Inactive Cases List, the case is taken to be dismissed.
(3)	If a case is taken to be dismissed under subrule (1) or
(2), the Principal Registrar is to —

(a)	give all parties to the case written notice of the dismissal; and
(b)	take the case off the Inactive Cases List.

(4)	If a case is taken to have been dismissed under
subrule (1) or (2) —

(a)	a party to the case may apply for an order for costs; and
(b)	the Court may make an order for costs.

Dated: 6 December 2013.

Magistrates’ signatures:

S. A. HEATH, Chief Magistrate.

E. A. WOODS, Deputy Chief Magistrate.

M. D. WHEELER, Magistrate.