Magistrates Court (General) Rules 2005 (WA)

Western Australia

Magistrates Court Act 2004

Western Australia

Magistrates Court Act 2004

Magistrates Court (General) Rules 2005

These rules are the Magistrates Court (General) Rules 2005.

These rules come into operation on the day on which the Magistrates Court Act 2004 comes into operation.

In these rules, unless the contrary intention appears —

Act means the Magistrates Court Act 2004;

approved form means a form approved by the Chief Magistrate;

approved user, of the ECMS, has the meaning given in the Criminal Procedure Regulations 2005 regulation 3(1);

CPA means the Criminal Procedure Act 2004;

ECMS means the electronic case management system for the management of proceedings in Western Australian courts and tribunals;

ECMS exempt, in relation to a document, has the meaning given in the Magistrates Court (Civil Proceedings) Rules 2005 rule 96;

Form, if followed by a number, means the form of that number in Schedule 2;

lodge a document, means to lodge it with the Court together with any fee required to be paid under the Magistrates Court (Fees) Regulations 2005;

non‑police registry means a registry where there is at least one registrar who is not a deputy registrar appointed under the Act section 26(5);

police registry means a registry where the only registrar is a deputy registrar appointed under the Act section 26(5);

registry means a registry of the Court;

working day means a day other than a Saturday, a Sunday, or a public holiday.

[Rule 3 amended: Gazette 23 Nov 2007 p. 5862; 15 Aug 2014 p. 2938; 31 Dec 2019 p. 4674-5; SL 2021/25 r. 15.]

• (1)

  The Court’s seal is to be in a form or forms approved by the Chief Magistrate.

• (2)

  The Principal Registrar must ensure that each registry has at least one such seal.

The registrar in charge of a registry must ensure that the Court’s seals are kept in safe custody and are used in accordance with these rules and any other applicable written law.

A person must not apply the Court’s seal to a document unless he or she is —

• (a)

  a registrar; or

• (b)

  a person authorised to do so by a registrar.

For the purposes of the Courts and Tribunals (Electronic Processes Facilitation) Act 2013 section 10, a document that is required to be sealed by the Court is authenticated if —

• (a)

  the Court issues the document in an electronic form; and

• (b)

  the electronic document bears a facsimile of the Court’s seal.

[Rule 7 inserted: Gazette 15 Aug 2014 p. 2938.]

Except as…