Magistrates Court (Civil Proceedings) Amendment Rules (No. 3) 2021 (WA)

23 April 2021 GOVERNMENT GAZETTE, WA 1547

JUSTICE

JU301

Magistrates Court (Civil Proceedings) Act 2004

Magistrates Court (Civil Proceedings)

Amendment Rules (No. 3) 2021

SL 2021/45

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. 3) 2021.

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.

Note The heading to amended rule 131CAB is to read: Fixing conference under s. 49D

3. Rules amended

These rules amend the Magistrates Court (Civil Proceedings)

Rules 2005.

4.           Rule 131CAB amended

After rule 131CAB(3) insert:

(4) Subrule (3) is satisfied if the ECMS fixes the

conference.

1548 GOVERNMENT GAZETTE, WA 23 April 2021

5.      Rule I3ICA replaced

Delete rule I3ICA and insert:

131CA. Fixing hearing under s. 9 or 26

(1)	This rule applies for the purposes of sections 9 and 26(2).
(2)	If under the Act the Court must fix a hearing, the Court must fix the hearing by -

(a)	fixing a day, time and place for the hearing; and
(b)	notifying the parties of the hearing.

(3) If under the Act the Court must summons a person to a
hearing, the Court must summons the person to the
hearing by -

(a) preparing a summons in the form set out in

Schedule 1 Form 16; and

(b) causing the summons to be served on the

person.

(4) Subrule (2) is satisfied if the ECMS fixes the hearing.

(5) Despite subrule (2), if under section 26(2) an applicant wishes to have the first hearing held in the absence of the respondent -

(a) the Court may fix the first hearing by -

(i) fixing a day, time and place for the first

hearing; and

(ii) notifying the applicant of the first

hearing;

or

(b) an approved user acting for the applicant may

select the day, time and place (the hearing

details) for the first hearing by means of the
ECMS.

(6)	If the hearing details have been selected under
subrule (5)(b), the Court must give notice to confirm
the hearing details by means of the ECMS to the approved user.

Mr STEVEN HEATH, Chief Magistrate,

Magistrates Court in Perth.

Date 20 April, 2021.