Magistrates Court Rules Amendment Rules 2022 (WA)

13 May 2022 GOVERNMENT GAZETTE, WA 2941

JUSTICE

JU301

Magistrates Court Act 2004

Magistrates Court (Civil Proceedings) Act 2004

Magistrates Court Rules Amendment

Rules 2022

SL 2022/54

Made by the Magistrates Court in accordance with the Magistrates Court

Act 2004 section 39.

Part 1 — Preliminary

1.   Citation

These rules are the Magistrates Court Rules Amendment

Rules 2022.

2.   Commencement

These rules come into operation as follows —

Rules 2005.
(a)	Part 1 — on the day on which these rules are published in the Gazette;
(b)	the rest of the rules — on the day after that day.

Part 2 — Magistrates Court (Civil Proceedings)

Rules 2005 amended

3. Rules amended

This Part amends the Magistrates Court (Civil Proceedings)

2942 GOVERNMENT GAZETTE, WA 13 May 2022

4.      Rule 71A amended

After rule 71A(l) insert:

(1A) For the purposes of subrule (1), evidentiary material

and a copy of the witness summons that are delivered
or sent by using the ECMS are taken to have been
delivered or sent to the Court at the place specified for

production.

Part 3 Magistrates Court (General) Rules 2005

amended

5.      Rules amended

This Part amends the Magistrates Court (General) Rules 2005.

6.      Rule 8A amended

(1)	In rule 8A(l) delete "Except as provided in subrule (2)," and
insert:
Unless these rules provide otherwise,
(2)	In rule 8A(2) delete "is to" and insert:
must

7.       Rule 813 inserted

After rule $A insert:

813.      Application for cancellation of surety undertaking

An application made in accordance with the Bail
Regulations 1988 regulation 9A for cancellation of a
surety undertaking may be lodged at any registry of the
Court.

Part 4 Magistrates Court (Minor Cases

Procedure) Rules 2005 amended

8.      Rules amended

This Part amends the Magistrates Court (Minor Cases
Procedure) Rules 2005.

9.      Part 2 heading amended

In the heading to Part 2 delete "generally".

13 May 2022 GOVERNMENT GAZETTE, WA 2943

10.          Rule 6 deleted

Delete rule 6.

11. Part 3 deleted
Delete Part 3.

12.          Rule 19 amended

In rule 19 delete "or the claim is a consumer/trader claim,".

13.          Rule 39A amended

After rule 39A(1) insert:

(1A) For the purposes of subrule (1), evidentiary material

and a copy of the witness summons that are delivered
or sent by using the ECMS are taken to have been
delivered or sent to the Court at the place specified for
production.

14.          Part 17 inserted

After rule 86 insert:

Part 17— Transitional rules for the Magistrates

Court Rules Amendment Rules 2022

87.          Consumer/trader claims

(1)	In this rule
commencement day means the day on which the
Magistrates Court Rules Amendment Rules 2022 Part 4
comes into operation.

(2) On and from commencement day, Part 3 as in force
immediately before commencement day continues to
apply in relation to a case that

(a)	was started by a consumer/trader claim before commencement day; and
(b)	as of commencement day, has not been concluded.

Date: 2 May 2022.
Mr STEVEN HEATH, Chief Magistrate,
Magistrates Court in Perth.