Magistrates Court (Minor Cases Procedure) Amendment Rules 2007 (WA)

24 August 2007 GOVERNMENT GAZETTE, WA 4333

JU304*

Magistrates Court Act 2004

Magistrates Court (Minor Cases Procedure)

Amendment Rules 2007

Made by Magistrates Court.

1.             Citation

These rules are the Magistrates Court (Minor Cases Procedure)
Amendment Rules 2007.

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 (“Gazettal day”);
(b)	the rest of the rules — on the day after Gazettal day.

3.             The rules amended

The amendments in these rules are to the Magistrates Court
(Minor Cases Procedure) Rules 2005.

4.             Rule 4 amended

Rule 4 is amended by inserting in the appropriate alphabetical
positions —
“

“enforcement officer” has the meaning given to that

term in the Civil Judgments Enforcement Act 2004

section 3;

“order” includes a direction;

”.

5.             Rule 46 replaced

Rule 46 is repealed and the following rule is inserted instead —

“

46.           Where you may lodge a claim that starts a case

You may lodge a claim that starts a case at any registry
of the Court except a registry of the Court where the
only registrar is a member of the Police Force who has
been appointed a Deputy Registrar under the
Magistrates Court Act 2004 section 26(5).

”.

4334 GOVERNMENT GAZETTE, WA 24 August 2007

6.             Rule 52 amended

(1)	Rule 52(1) is amended by deleting “a bailiff ” in both places where it occurs and inserting instead —
“ an enforcement officer ”.
(2)	Rule 52(3) is amended by deleting “bailiff.” and inserting instead —
“ enforcement officer. ”.

7.             Rule 53 amended

Rule 53(1) is amended by deleting “a bailiff ” and inserting
instead —

“ an enforcement officer ”.

8.             Rule 79 amended

Rule 79(1) is amended as follows:

(a) by deleting “When” and inserting instead —

“ Except as provided in the Act section 30, when ”;

(b)	by deleting “attend a conference or hearing,”;
(c)	in paragraph (b) by deleting “an officer of the corporation” and inserting instead —

“ a person ”.

Dated: 23 July 2007.

STEVEN HEATH

Chief Magistrate

E. WOODS
Deputy Chief Magistrate

D. JONES Magistrate

M. E. PONTIFEX

Magistrate

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