Magistrates Court (Civil Proceedings) Amendment Rules (No. 4) 2014 (WA)

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3 June 2014 GOVERNMENT GAZETTE, WA 1743
JUSTICE
JU301*
Magistrates Court (Civil Proceedings) Act 2004
Magistrates Court (Civil Proceedings)
Amendment Rules (No. 4) 2014

Made by the Magistrates Court.
1.             Citation

These rules are the Magistrates Court (Civil Proceedings)
Amendment Rules (No. 4) 2014.
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 126 amended
In rule 126(1) delete “129C” and insert:
129C, 131AA
5.             Rule 127 amended

In rule 127(1A) in the Table after the item for the Criminal
Investigation Act 2006 insert:

Fines, Penalties and Infringement Notices s. 94.
Enforcement Act 1994
6.             Rule 130 amended
Delete rule 130(5).

Note: The heading to amended rule 130 is to read:
Fines, Penalties and Infringement Notices Enforcement Act 1994
s. 69(1), application under

1744

GOVERNMENT GAZETTE, WA

3 June 2014

7. Rules 131AA, 131AB, 131AC and 131AD inserted
After rule 130 insert:
131AA. Fines, Penalties and Infringement Notices

Enforcement Act 1994 s. 94(2), application under

(1) An application under the Fines, Penalties and
Infringement Notices Enforcement Act 1994
section 94(2) must be lodged by the Sheriff together
with copy of the written notice of claim.
(2) As soon as practicable after an application made by the
Sheriff under the Fines, Penalties and Infringement
Notices Enforcement Act 1994 section 94(2) is lodged,
a registrar must —

(a)

list the application for hearing on the earliest convenient date; and
(b) endorse the hearing date on the application; and

(c)

return one copy of the application to the Sheriff and serve one copy of the application on the claimant by service by ordinary post.

(3) If the claimant files notice of withdrawal and gives
notice in writing of the withdrawal to the court before
the time of the hearing, the property seized by the
Sheriff or the proceeds of the sale of the property must
be dealt with and disposed of as if the claim had not
been made.
131AB. Fines, Penalties and Infringement Notices
Enforcement Act 1994 s. 94, location of interpleader proceedings

(1) The proceedings under the Fines, Penalties and
Infringement Notices Enforcement Act 1994 section 94
are to be held at the place where the court has a registry
that is nearest to the place where the property the
subject of the proceedings is located.
(2) If the court is satisfied that it would be more
convenient or fair to the parties if the whole or a part of
the interpleader proceedings were conducted at another
place in the State (whether or not a registry of the court
is there), the court may order accordingly.
(3) An order may be made under subrule (2) only on the
application of a party of which any other party has had
notice.
(4) If the court makes an order under subrule (2) it may
make any necessary ancillary or consequential order.

3 June 2014 GOVERNMENT GAZETTE, WA 1745
131AC. Fines, Penalties and Infringement Notices Enforcement Act 1994 s. 94, interpleader proceedings

(1) The claimant must, at least 10 clear days before the
time of the hearing, file with the court 2 copies of the
particulars of any property alleged to be the property of
the claimant and of the claimant’s grounds for the
claim.
(2) The following details and information must be fully set
out in, or accompany, those particulars —

(a)

the name, address and description of the claimant;
(b) information as to possession of the property;

(c)

information as to the claimant’s interest in the property;

(d)

details of, and a copy of, any document that supports the claimant’s claim to possession of or interest in the property.

(3) The court must immediately give the Sheriff a copy of
the particulars by service by ordinary post.
(4) A hearing in relation to a claim is to proceed as if the
claimant were the plaintiff, and the Sheriff the
defendant.
131AD. Fines, Penalties and Infringement Notices
Enforcement Act 1994 s. 94, power to delay sale

(1) The Sheriff may, in his or her discretion, delay selling
any property in respect of which a claim has been made
under the Fines, Penalties and Infringement Notices
Enforcement Act 1994 section 93 until a court has
adjudicated on the claim.
(2) The Sheriff is to be allowed such costs out of pocket
only as the court may order for the keeping of
continued possession of the property under subrule (1).

Magistrates’ signatures:

STEVEN HEATH, Chief Magistrate.
ELIZABETH WOODS, Deputy Chief Magistrate.
KEVIN TAVENER, Magistrate.

LEANNE ATKINS, Magistrate.

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Magistrates Court (Civil Proceedings) Amendment Rules (No. 4) 2014 (WA)

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(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.

Fines, Penalties and Infringement Notices	s. 94.
Enforcement Act 1994

(1)	An application under the Fines, Penalties and Infringement Notices Enforcement Act 1994 section 94(2) must be lodged by the Sheriff together with copy of the written notice of claim.
(2)	As soon as practicable after an application made by the Sheriff under the Fines, Penalties and Infringement Notices Enforcement Act 1994 section 94(2) is lodged, a registrar must —

(a)	list the application for hearing on the earliest convenient date; and
(b)	endorse the hearing date on the application; and
(c)	return one copy of the application to the Sheriff and serve one copy of the application on the claimant by service by ordinary post.

(1)	The proceedings under the Fines, Penalties and Infringement Notices Enforcement Act 1994 section 94 are to be held at the place where the court has a registry that is nearest to the place where the property the subject of the proceedings is located.
(2)	If the court is satisfied that it would be more convenient or fair to the parties if the whole or a part of the interpleader proceedings were conducted at another place in the State (whether or not a registry of the court is there), the court may order accordingly.
(3)	An order may be made under subrule (2) only on the application of a party of which any other party has had notice.
(4)	If the court makes an order under subrule (2) it may make any necessary ancillary or consequential order.

(1)	The claimant must, at least 10 clear days before the time of the hearing, file with the court 2 copies of the particulars of any property alleged to be the property of the claimant and of the claimant’s grounds for the claim.
(2)	The following details and information must be fully set out in, or accompany, those particulars —

(a)	the name, address and description of the claimant;
(b)	information as to possession of the property;
(c)	information as to the claimant’s interest in the property;
(d)	details of, and a copy of, any document that supports the claimant’s claim to possession of or interest in the property.

(3)	The court must immediately give the Sheriff a copy of the particulars by service by ordinary post.
(4)	A hearing in relation to a claim is to proceed as if the claimant were the plaintiff, and the Sheriff the defendant.

(1)	The Sheriff may, in his or her discretion, delay selling any property in respect of which a claim has been made under the Fines, Penalties and Infringement Notices Enforcement Act 1994 section 93 until a court has adjudicated on the claim.
(2)	The Sheriff is to be allowed such costs out of pocket only as the court may order for the keeping of continued possession of the property under subrule (1).