Residential Tenancies Amendment Regulations 2005 (WA)

29 April 2005 GOVERNMENT GAZETTE, WA 1771

CONSUMER AND EMPLOYMENT PROTECTION

Regulations 2005.

CE301*

Residential Tenancies Act 1987

Residential Tenancies Amendment

Regulations 2005

Made by the Governor in Executive Council.

1.            Citation

These regulations are the Residential Tenancies Amendment

1772 GOVERNMENT GAZETTE, WA 29 April 2005

2.            Commencement

These regulations come into operation on the day on which the
Courts Legislation Amendment and Repeal Act 2004 Part 16
comes into operation or on the day of their publication in the
Gazette, whichever is the later.

3.            The regulations amended

The amendments in these regulations are to the Residential
Tenancies Regulations 1989*.

[* Reprint 2 as at 19 September 2003.

For amendments to 21 April 2005 see Western Australian Legislation Information Tables for 2004, Table 4, p. 332.J

4.            Regulation 6 repealed

Regulation 6 is repealed.

5.            Regulation 7 amended

(1) Regulation 7(1) is repealed and the following subregulation is

inserted instead -

(1) The following applications are prescribed for the
purposes of section 13A(2)(a) of the Act -

(a)	an application under section 73(1) of the Act;
(b)	an application under section 77(1) of the Act;
(c)	an application under section 79(10) of the Act;
(d)	an application under section 79(12) of the Act;
(e)	an application under Schedule 1 clause 8(1) of the Act;
(1)	any other application under the Act that is not an application in respect of which a party

objects to a registrar of the Magistrates Court

exercising the Court's jurisdiction.

(2)	Regulation 7(2) is repealed.
(3)	Regulation 7(3) is amended by deleting "Notwithstanding subregulation (2) the clerk" and inserting instead -

The registrar ".

(4) Regulation 7(4) is amended as follows:

(a) by deleting "clerk" and inserting instead -

46 registrar

(b) by deleting "a magistrate sitting in the Small Disputes Division." and inserting instead -

the Magistrates Court constituted by a magistrate.

29 April 2005 GOVERNMENT GAZETTE, WA 1773

(5)	Regulation 7(5) is repealed.
6.	Regulation 8 repealed Regulation 8 is repealed.
7.	Regulation 9 amended Regulation 9 is amended as follows:

(a) by deleting "section 13" and inserting instead -

46 section 13A(3) ";

(b) by deleting "a local court" and inserting instead -

the court ".

8.            Regulation 10 amended

Regulation 10 is amended as follows:

(a) by deleting "magistrate" and inserting instead -

66 competent court ";

(b) by deleting "he" and inserting instead " it ,,.

9.            Regulation 17 amended

Regulation 17 is amended by deleting "to the clerk".

10. Schedule 2 amended
Schedule 2 is amended as follows:

(a) in clause 2 by deleting the heading "Ministry of Fair Trading" and inserting the following heading instead -

44

Department of Consumer and Employment Protection

(b) in clause 2 by deleting "Commissioner for Consumer Affairs" and inserting instead -

Commissioner for Fair Trading

(c) by deleting "Ministry of Fair Trading" wherever else it occurs and inserting instead -

44

Department of Consumer and Employment Protection

(d)

in clause 2 by deleting "Ministry's" in the 2 places " Department's ";

(e) in clause 2 by deleting the heading "Small Disputes Division of a Local Court" and the 2 paragraphs

1774 GOVERNMENT GAZETTE, WA 29 April 2005

following that heading and inserting the following

instead -

Hearing of disputes

If a dispute between an owner and a tenant has to be decided by a court it has to be dealt with by a court that has jurisdiction to hear and determine the application. The Magistrates Court has exclusive jurisdiction to hear and determine applications relating to bonds under Schedule 1 clause 8 of the Act and other matters that do not involve a claim over $10 000. The matters it can hear and determine are minor cases and must be dealt with by the minor case procedure in the Magistrates Court.

If a person is claiming over $10 000, other than in an application relating to a bond referred to in the previous paragraph, the claim must be brought in a court, such as the Supreme Court, District Court or Magistrates Court, that is competent to hear and determine a claim founded on contract for the amount of the claim. If the claim is dealt with in the Magistrates Court, the parties to the application may consent in writing (which consent is irrevocable) to the proceedings being heard and determined by the minor case procedure.

(f)

in clause 3 by deleting "magistrate" and inserting " competent court ";

(g)

in clause 15 by deleting "magistrate" and inserting " competent court "

(h)

in clause 18 by deleting "the Local Court" and inserting " a competent court

(i)  

in clause 18 by deleting the heading "Magistrate's

order" and inserting instead -

44 Competent court's order ";

(j) Disputes Division of a Local Court" and inserting

in clause 18 by deleting "magistrate sitting in the Small " competent court ";

(k) in clause 18 by deleting "apply to a magistrate" and inserting instead -

44

apply to a competent court

11. Schedule 3 amended
Schedule 3 is amended as follows:

(a) in item 1(b) by deleting "the clerk" in the first place

where it occurs and inserting instead -

66

a registrar of the court ";

29 April 2005 GOVERNMENT GAZETTE, WA 1775

(b) in item 1(b) by deleting "clerk" in the second and third places where it occurs and inserting instead -

66

registrar ";

(c) by deleting item 3.

12.          Schedule 4 amended

(1) Schedule 4 Form 2 is amended as follows:

(a)

in paragraph 4(b) by deleting "magistrate" and inserting " competent court

(b)

in paragraph 4(b) by deleting "a Local Court." and " court. ".

(2) Schedule 4 Form 3 is amended as follows:

(a) in paragraph 4(b) by deleting "magistrate" and inserting instead -

46

competent court

(b) in paragraph 4(b) by deleting "a Local Court." and inserting instead -

44

court. ".

(3) Schedule 4 Form 5 is deleted and following form is inserted

instead -

"

FORM 5

MAGISTRATES	Residential Tenancies	Case
COURT	Act 1987	number:

REGISTRY Schedule 1 clause 8(3)

and (4)

Ph:  Date

NOTICE OF INTENTION lodged:

Fax:

TO DISPUTE

APPLICATION FOR

DISPOSAL OF BOND

MONEY

APPLICANT (S)	Name(s):
Tick t"I a box	Address:  Postcode:
O Owner	Daytime
0 Tenant	telephone:
RESPONDENT (S)	Name(s):
Tick Iv'J a box	Address:  Postcode:
O Owner	Daytime
0 Tenant	telephone:

1776 GOVERNMENT GAZETTE, WA 29 April 2005

TAKE NOTICE that I intend to dispute this application for the following reasons:

THE PRESCRIBED DISPUTE FEE OF $18.00 MUST BE FORWARDED WITH THIS NOTICE AT THE TIME OF LODGMENT

Signature of respondent(s)	Date
Respondent's address for service of notices is:

By Command of the Governor,

M. C. WAUCHOPE, Clerk of the Executive Council.