Magistrates Court (Civil Proceedings) Amendment Rules (No. 2) 2016 (WA)

1:3(io GOVERNMENT GAZETTE, WA 3 May 2016

JUSTICE

JU301*

Magistrates Court (Civil Proceedings) Act 2004

Magistrates Court (Civil Proceedings)

Amendment Rules (No. 2) 2016

Made by the Magistrates Court in accordance with the Magistrates Court
Act 2004 section 39.

1.           Citation

These rules are the Magistrates Court (Civil Proceedings)
Amendment Rules (No. 2) 2016.

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 Magistrates Court (Civil Proceedings)
Rules 2005.

4.            Rule 99A inserted

At the beginning of Part 17 Division I insert:

99A. Terms used

on behalf of a party, the person who served the

In this Division —
administrative staff member means a person referred
to in the Magistrates Court Act 2004 section 26(1);
departmental officer means a person employed in the
department of the Public Service principally assisting
in the administration of the Magistrates Court
Act 2004.

5.            Rule 103 amended

(1)	Delete rule 103(1) and insert:
(1) If a document is served by an enforcement officer, an administrative staff member or a departmental officer

3 May 2016 GOVERNMENT GAZETTE, WA 1361

document must, as soon as practicable after the service,

give a certificate of the service to the party.

(2) In rule 103(3) delete "officer." and insert:

officer, administrative staff member or departmental officer.

Note: The heading to amended rule 103 is to read:

Certificate of service by enforcement officer, administrative staff member or departmental officer

6.            Rule 104 amended

In rule 104(1) delete "officer," and insert:

officer, administrative staff member or departmental officer,

Note The heading to amended rule 104 is to read:

Affidavit of service by other persons

Mr STEVEN HEATH, Chief Magistrate,

Magistrates Court in Perth.

Date 15 April 2016.