Magistrates Court (Civil Proceedings) Amendment Rules (No. 2) 2022 (WA)

18 November 2022 GOVERNMENT GAZETTE, WA 5385

JUSTICE

JU301

Magistrates Court (Civil Proceedings) Act 2004

Magistrates Court (Civil Proceedings)

Amendment Rules (No. 2) 2022

SL 2022/188

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) 2022.

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 19 November 2022.

5386 GOVERNMENT GAZETTE, WA 18 November 2022

3.            Rules amended

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

4.            Schedule 1 amended

(1) In Schedule 1 Form 1:

(a) delete:

Applicant	Family name:	Date of birth:
[If not the	Other names:
person seeking	Address:	street:
to be protected]	suburb:  postcode:
Phone nos.:	work:  home: mobile:
Person	Family name:	Date of birth:
seeking to be	Other names:
protected	Address:	street:
(victim of	suburb:  postcode:
offence if	Phone nos.:	work:  home: mobile:
s. 13A applies) Respondent	Family name:	Date of birth:
[Fill in as many	Other names:
details as you	Home	street:
can]	address:	suburb:  postcode:
(Offender if	Work	street:
s. 13A	address:	suburb:  postcode: mobile:
applies)	Phone nos.:	work:  home:

and insert:

Applicant	Family name:	Date of birth:
[If not the	Other names:
person seeking	Address:	street:
to be protected]	suburb:  postcode:
Phone nos.: Email:	work:  home: mobile:
Person	Family name:	Date of birth:
seeking to be	Other names:
protected	Address:	street:
(victim of	suburb:  postcode:
offence if	Phone nos.:	work:  home: mobile:
s. 13A

applies)	Email:
Respondent	Family name:  Date of birth:
[Fill in as many	Other names:
details as you	Home  street:
can]	address:  suburb: postcode:
(Offender if	Work  street:
s. 1 3A	address:  suburb: postcode: mobile:
applies)	Phone nos.:  Email:  work: home:
(b)  in the row relating to Firearms delete "or firearms licence?" and insert:

item or firearms authorisation?

18 November 2022 GOVERNMENT GAZETTE, WA 5387

(c) in the row relating to Firearms after "access to a firearm"
insert:

item

(2) In Schedule 1 Form 2:

(a) in Part A delete:

Person who	Family name:	Date of birth:
is bound by	Other names:
this order	Home	street:
address:	suburb:  postcode:
Work	street:
address:	suburb:  postcode:

Phone nos.:  work: home: mobile:

and insert:

Person who	Family name:	Date of birth:
is bound by	Other names:
this order	Home	street:
address:	suburb:  postcode:
Work	street:
address:	suburb:  postcode:

Phone nos.:	work:	home:	mobile:
Email:

(b) in Part C in the section headed "Objection" after the row relating to "Address" insert:

Email:

(c) in Part C in the section headed "Objection" after "of a

firearm insert.

item

(d) in Part C in the section headed "Consent" after the row relating to "Address" insert:

Email:

5388 GOVERNMENT GAZETTE, WA 18 November 2022

(3) In Schedule 1 Form 5:

(a) delete:

Applicant	Family name:	Date of birth:
[If not the	Other names:
person seeking	Address:	street:
to be protected]	suburb:  postcode:
Phone nos.:	work:  home: mobile:
Person	Family name:	Date of birth:
seeking to be	Other names:
protected	Address:	street:
(victim of	suburb:  postcode:
offence if	Phone nos.:	work:  home: mobile:
s. 13A applies)
Respondent	Family name:	Date of birth:
[Fill in as many	Other names:
details as you	Home	street:
can]	address:	suburb:  postcode:
(Offender if	Work	street:
1 3A applies)	•	address:	suburb:  postcode:
Phone nos.:	work:  home: mobile:

and insert:

Applicant	Family name:	Date of birth:
[If not the	Other names:
person seeking	Address:	street:
to be protected]	suburb:  postcode:
Phone nos.: Email:	work:  home: mobile:
Person	Family name:	Date of birth:
seeking to be	Other names:
protected	Address:	street:
(victim of	suburb:  postcode:
offence if	Phone nos.:	work:  home: mobile:
s. 13A
applies)	Email:
Respondent	Family name:	Date of birth:
[Fill in as many	Other names:
details as you	Home	street:
can]	address:	suburb:  postcode:
(Offender if	Work	street:
s. 13A	address:	suburb:  postcode:
applies)	Phone nos.: Email:	work:  home: mobile:

(b) in the row relating to Firearms delete "or firearms licence?" and insert:

item or firearms authorisation?

(c) in the row relating to Firearms after "access to a firearm" insert:

item

18 November 2022 GOVERNMENT GAZETTE, WA 5389

(4) In Schedule 1 Form 6:

(a) in Part A delete:

Person who	Family name:	Date of birth:
is bound by	Other names:
this order

Home	street:
address: suburb:	postcode:
Work	street:
address: suburb:	postcode:

Phone nos.:  work: home: mobile:

and insert:

Person who	Family name:	Date of birth:
is bound by	Other names:
this order	Home	street:

address: suburb:	postcode:
Work	street:
address: suburb:	postcode:

Phone nos.:	work:	home:	mobile:
Email:

(b) in Part C in the section headed "Objection" after the row relating to "Address" insert:

Email:

(c) in Part C in the section headed "Objection" after "of a

firearm insert.

item

(d) in Part C in the section headed "Consent" after the row relating to "Address" insert:

Email:
(5)	In Schedule 1 Form 8:

(a) delete:

Applicant	Family name:	Date of birth:
[if not the	Other names:
person	Address:	street:
seeking to be
protected]	suburb:  postcode:

Phone nos.: work:  home: mobile:

Person	Family name:	Date of birth:
seeking to	Other names:
be protected	Address:	street:
suburb:  postcode:

Phone nos.: work:  home: mobile:

5390 GOVERNMENT GAZETTE, WA 18 November 2022

Respondent	Family name:	Date of birth:
[Fill in as	Other names:
many	Home	street:
details as you
can]	address:	suburb:  postcode:
Work	street:
address:	suburb:  postcode:

Phone nos.: work:  home: mobile:

and insert:

Applicant	Family name:	Date of birth:
[If not the	Other names:
person	Address:	street:
seeking to be
protected]	suburb: Phone nos.: work: Email:	postcode:

home:  mobile:

Person	Family name:	Date of birth:
seeking to	Other names:
be protected	Address:	street:
suburb:  postcode:

Phone nos.: work: 
Email:  home: mobile:

Respondent	Family name:	Date of birth:
[Fill in as	Other names:
many	Home	street:
details as you	address:	suburb:  postcode:
can]	Work	street:
address:	suburb:  postcode:

Phone nos.: work: 
Email:  home: mobile:

(b) in the row relating to Firearms delete "or firearms licence?" and insert:

item or firearms authorisation?

(c)	in the row relating to Firearms after "access to a firearm" insert:
item

(6) In Schedule 1 Form 10:

(a) in Part A delete:

Person who is	Family name:	Date of birth:
bound by this	Other names:
order	Home	street:
address:	suburb:  postcode:
Work	street:
address:	suburb:  postcode:

Phone nos.: work:  home: mobile:

18 November 2022 GOVERNMENT GAZETTE, WA 5391

and insert:

Person who is	Family name:	Date of birth:
bound by this	Other names:
order	Home	street:
address:	suburb:  postcode:
Work	street:
address:	suburb:  postcode:

Phone nos.: work:	home:	mobile:
Email:

(b) in Part B delete:

Person who	Family name:	Date of birth:
is bound by	Other names:
this order

Home	street:
address: suburb:	postcode:
Work	street:
address: suburb:	postcode:

Phone nos.: work:  home: mobile:

and insert:

Person who	Family name:	Date of birth:
is bound by	Other names:
this order	Home	street:
address:	suburb:  postcode:
Work	street:
address:	suburb:  postcode:

Phone nos.: work:	home:	mobile:
Email:

(c) in Part D in the section headed "Objection" after the row relating to "Address" insert:

Email:

(d)	firearm insert.
in Part P in the section headed "Objection" after "of a
item
(e)	in Part D in the section headed "Consent" after the row relating to "Address" insert:

Email:

5392 GOVERNMENT GAZETTE, WA 18 November 2022

(7) In Schedule 1 Form 11:

(a) delete:

Applicant	The applicant is:
[If not the	0 person seeking to be protected
person	[] parent or guardian of a child who is seeking to be protected
seeking to be	11 a child welfare officer on behalf of a child who is seeking to be protected
protected]	[] authorised person
[] legal guardian of the person who is seeking to be protected

Family name:	Date of birth:
Other names:

Address:	street: suburb:	postcode:
Phone nos.: work:	home:	mobile:

Person	Family name:	Date of birth:
seeking to	Other names:
be protected

Address:	street: suburb:	postcode:
Phone nos.: work:	home:	mobile:

Respondent	Family name:	Date of birth:
Other names:

Home	street:
address:	suburb:  postcode:
Work	street:
address:	suburb:  postcode:

Phone nos.: work:
The respondent home: mobile:

C3 is 11 is not I is 13 is not	present
being detained by a police officer

and insert:

Applicant	The applicant is:
[If not the	0 person seeking to be protected
person	11 parent or guardian of a child who is seeking to be protected
seeking to be	J a child welfare officer on behalf of a child who is seeking to be protected
protected]	J authorised person
J legal guardian of the person who is seeking to be protected

Family name:	Date of birth:
Other names:
Address:	street:
suburb:  postcode:

Phone nos.: work:	home:	mobile:
Email:

Person	Family name:	Date of birth:
seeking to	Other names:
be protected	Address:	street:
suburb:  postcode:

Phone nos.: work:	home:	mobile:
Email:

Respondent	Family name:	Date of birth:
Other names:

Home	street:
address:	suburb:  postcode:
Work	street:
address:	suburb:  postcode:

Phone nos.: work:
Email:
The respondent home: mobile:

C3 is 11 is not I is 13 is not	present
being detained by a police officer

18 November 2022 GOVERNMENT GAZETTE, WA 5393

(b) in the row relating to Firearms delete "or a firearms licence?" and insert:

item or a firearms authorisation?

(c) in the row relating to Firearms after "access to a firearm" insert:

item

(8) In Schedule 1 Form 14:

(a) delete:

Person	Family name:	Date of birth:
protected by	Other names:

the order Address: street: suburb: postcode:

Phone nos.: work:  home: mobile:

Role in proceeding in which restraining order was made:

J	applicant/prosecutor
]	victim
C1	respondent/accused
C1	other witness
C1	other

Person who	Family name:	Date of birth:
is bound by	Other names:
the	Home	street:
restraining	address:	suburb:  postcode:
order	Work	street:
address:	suburb:  postcode:

Phone nos.:  work: home: mobile:

Role in proceeding in which restraining order was made:

J	respondent/accused
J	other witness
J	other
and insert:

Person Family name: Date of birth:

protected by	Other names:
the order	Address:  street: suburb: postcode:
Phone nos.: work: Email: Role in proceeding in which restraining order was made: home: mobile:

]	applicant/prosecutor
]	victim
C1	respondent/accused
C1	other witness
C1	other

Person who	Family name:	Date of birth:
is bound by	Other names:
the	Home	street:
restraining	address:	suburb:  postcode:
order	Work	street:
address:	suburb:  postcode:

Phone nos.:
Email:
Role in proceeding in which restraining order was made: work: home: mobile:

J	respondent/accused
J	other witness
0	other

5394 GOVERNMENT GAZETTE, WA 18 November 2022

(b) in the row relating to Firearms delete "or a firearms licence?"
and insert:

item or a firearms authorisation?

(c) in the row relating to Firearms after "access to a firearm"

insert:

item

(9) In Schedule 1 Form 16:

(a) in Part A delete

Respondent	Family name:	Date of birth
Other names:

Home	street:
address:	suburb:  postcode:
Work	street:
address:	suburb:  postcode:

Phone nos.: work:  home: mobile:

and insert:

Respondent	Family name:	Date of birth
Other names:

Home	street:
address:	suburb:  postcode:
Work	street:
address:	suburb:  postcode:

Phone nos.: work:	home:	mobile:
Email:

(b) in Part A delete "firearm, a firearms licence," and insert:

firearm item, a firearms authorisation,

Mr STEVEN HEATH, Chief Magistrate

Magistrates Court in Perth.