Magistrates Court Act 2004

Magistrates Court (General) Rules 2005

 

Magistrates Court (General) Rules 2005

Contents

Part 1 — Preliminary

1.Citation1

2.Commencement1

3.Terms used1

Part 2 — Administrative matters

Division 1 — Court seals

4.Form and number of court seals3

5.Custody of court seals3

6.Use of court seals3

7.Court seal applied electronically, effect of3

Division 2 — Registry matters

8.Registry at which applications commencing a case must be lodged3

8A.Registry at which documents must be lodged if a case has commenced4

9.Some documents may be rejected for lodgment4

10.Leave to lodge a refused document, application for (Act s. 17)4

Division 3 — Lodging and serving documents electronically

11.Lodging documents by fax5

12.Lodging documents through Court’s website6

13.Electronic addresses for service7

14.Service electronically9

Division 4 — Recording proceedings

15.Terms used10

16.Application of these rules10

17.Transcripts may be in electronic form10

18.Proceedings that are to be recorded and transcribed11

19.Recorders and transcribers, duties of11

20.Accuracy of transcript, requesting check of12

21.Certificate of accuracy, form of12

22.Recordings and transcripts, custody of12

Part 3 — Delegated jurisdiction

Division 1 — General

23.Oaths, who may administer13

Division 2 — Registrar’s jurisdiction

24.Civil jurisdiction of registrars13

25.Criminal jurisdiction of registrars13

Division 3 — Appeals against decisions by a registrar

26.Commencing an appeal (Act s. 29)14

27A.Order for substituted service or dispensing with service15

27.Appeal does not stay the case16

28.Listing the appeal for hearing16

Part 3A — General matters

28A.Magistrates, addressing etc.17

28B.Civil cases, dealing with in chambers17

Part 4 — Contempt of court

29.Terms used18

30.Summonses and warrants (Act s. 16), form of18

31.When contempt may be dealt with summarily18

32.Contempts not dealt with summarily may be referred to Attorney General19

33.Attorney General may prosecute alleged contempt19

34.Charge of contempt, hearing of20

35.Procedure for contempts generally20

36.Outcome of contempt proceedings to be recorded20

Part 5 — Court records

37.Request to inspect or obtain a copy of a document (Act s. 33(3) or (7))22

38.Application for leave (Act s. 33(4))22

39.Application for access to information (Act s. 33(8))23

40.Criminal cases, information about available on request23

41A.Civil cases, certain people entitled on request to certain information about24

41.Conditions on access to records may be imposed25

Part 6 — Criminal Procedure Act 2004 rules

42.Interpretation26

43.Prescribed court officers26

44.Prosecutions, where they must be commenced26

45.Prosecution notice, manner of lodging (CPA s. 24)27

46.Summons etc., amendment of (CPA s. 34)27

46A.Disclosure requirements, applications relating to (CPA s. 138)27

Part 7 — Fines, Penalties and Infringement Notices Enforcement Act 1994 rules

47.Term used: Act28

48.Application to cancel licence suspension order (Act s. 101)28

49.Application to cancel licence suspension order (Act s. 101A)28

Part 8 — Road Traffic Act 1974 rules

50.Terms used29

50A.Application under RTA s. 71B, how to be made29

50B.Application under RTA s. 71F, how to be made29

51.Application under RTA s. 76, how to be made29

51A.Application under RTA s. 80J, how to be made30

51B.Registries where applications may be lodged30

52.Registrar’s functions when application is made31

53.Hearing of application, appearance at32

54.Hearing of application, procedure on33

55.Result of hearing, Director General to be notified33

Part 9 — Criminal Investigation Act 2006 rules

56.Application under Criminal Investigation Act 2006 s. 151, how to be made34

57.Registries where applications may be lodged34

58.Registrar’s functions when application is made34

59.Application must be served35

Schedule 1 — Suburbs and registries

Schedule 2 — Forms

1A.Application for leave to lodge a document (r. 10)42

1B.Appeal against registrar’s decision (r. 26)43

1.Request to inspect or obtain copy of document from the Court (r. 37)44

2.Application for leave in respect of court record (r. 38)45

3A.Application for access to information held by the Court (r. 39)46

3.Application to cancel licence suspension order made in respect of infringement notice (r. 48)47

4.Application to cancel licence suspension order made in respect of a fine (r. 49)48

4A.Application for an order for seized keys to be handed over (r. 50A)49

4B.Application for revocation of disqualification notice (r. 50B)50

5.Application for extraordinary licence (r. 51(1))57

7.Application by holder to vary extraordinary licence (r. 51(3))59

8.Application by Director General to vary extraordinary licence (r. 51(4))60

9.Application by owner for delay of sale of uncollected vehicle and/or return of item (r. 51A)61

10.Application for decision on whether information in seized record is privileged (r. 56)62

Notes

Compilation table64

Defined terms

 

Magistrates Court Act 2004

Magistrates Court (General) Rules 2005

Part 1  Preliminary

1.Citation

These rules are the Magistrates Court (General) Rules 2005 1.

2.Commencement

These rules come into operation on the day on which the Magistrates Court Act 2004 comes into operation 1.

3. Terms used

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;

CPA means the Criminal Procedure Act 2004;

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.

[Rule 3 amended in Gazette 23 Nov 2007 p. 5862.]

Part 2 — Administrative matters

Division 1 — Court seals

4.Form and number of court seals

(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.

5.Custody of court seals

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.

6.Use of court seals

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.

7.Court seal applied electronically, effect of

If the Court issues a document in an electronic form that bears a facsimile of the Court’s seal, the sealed document as it appears electronically, or as it appears when printed on paper, is to be taken to have the same effect as if the Court’s seal had been lawfully applied to it by hand by an officer of the Court, unless there is evidence that the document was not issued by the Court.

Division 2Registry matters

8.Registry at which applications commencing a case must be lodged

Except as provided in —

(a)Parts 6 to 9; and

(b)the Magistrates Court (Civil Proceedings) Rules 2005 rule 96; and

(c)the Magistrates Court (Minor Cases Procedure) Rules 2005 rule 46,

an application that is to commence a case may be lodged at any registry.

[Rule 8 inserted in Gazette 24 Aug 2007 p. 4322.]

8A.Registry at which documents must be lodged if a case has commenced

(1)Except as provided in subrule (2), a document that is to be lodged in respect of a case that has been commenced must be lodged at the registry at which the case is being conducted.

(2)An application made by a prosecutor without notice to the accused for an order under the CPA section 138 is to be lodged at the registry of the Court sitting at Perth .

[Rule 8A inserted in Gazette 24 Aug 2007 p. 4323; amended in Gazette 23 Nov 2007 p. 5862.]

9.Some documents may be rejected for lodgment

A registrar may refuse to accept for lodging any form that does not contain the information required by the form and any document that does not comply with rules of court made by the Court or with any other written law.

10.Leave to lodge a refused document, application for (Act s. 17)

An application under the Act section 17 to a magistrate for leave to lodge a document that a registrar has refused to accept must be made by lodging a Form 1A.

[Rule 10 amended in Gazette 23 Nov 2007 p. 5862.]

Division 3 — Lodging and serving documents electronically

11.Lodging documents by fax

(1)Subject to this rule, a document may be lodged by fax.

(2)A person wanting to lodge a document at a registry by fax must use the published fax number for that registry.

(3)A document that, with any attachments and a cover page, is more than 20 pages long, must not be lodged by fax.

(4)A document that is sent by fax to a registry must have a cover page stating —

(a)the sender’s name, postal address, document exchange number (if any), telephone number and fax number; and

(b)the number of pages (including the cover page) being sent by fax.

(5)A person that lodges a document by fax must —

(a)endorse the first page of the original document with —

(i)a statement that the document is the original of a document sent by fax; and

(ii)the date and time the document was sent by fax;

and

(b)keep the endorsed original document and the fax machine’s report evidencing the successful transmission of the document; and

(c)if directed to do so by the Court, produce the items in paragraph (b) to the Court.

(6)A document lodged by fax at a registry is to be taken to have been lodged —

(a)if the whole document is received before 4.30 p.m. on a day when the registry is open for business, on that day;

(b)otherwise, on the next day when the registry is open for business.

(7)If a document is sent by fax to a registry but not in accordance with this rule —

(a)the document is to be taken not to have been lodged at the registry; and

(b)a registrar must notify the person who sent it of the fact.

12.Lodging documents through Court’s website

(1)Subject to the requirements of the Court’s website and this rule, a person may lodge a document electronically by lodging an electronic version of it by means of the Court’s website.

(2)If a document is or must be signed by a person who is not, or who is not acting on behalf of, the person lodging it, the document cannot be lodged electronically unless it is an affidavit.

(3)If the rules of court require a document, before it is lodged, to be signed by or on behalf of the person lodging it and the document is being lodged electronically —

(a)the document need not be signed by that person; and

(b)the person lodging the document electronically must ensure that the electronic version of the document, instead of showing a signature at any place where a signature is required, states the name of the person whose signature is required at the place.

(4)A person who lodges an affidavit electronically must either lodge an electronic version of it that includes the signatures on it or —

(a)lodge an electronic version of it that does not include the signatures on it; and

(b)ensure that the electronic version, instead of showing a signature at any place where a signature appears in the paper version, states the name of the person whose signature it is; and

(c)also lodge an undertaking that the person —

(i)has possession of the paper version signed according to law; and

(ii)will retain the paper version subject to any order of the Court.

(5)A document lodged electronically at a registry is to be taken to have been lodged —

(a)if the whole document is received before 4.30 p.m. on a day when the registry is open for business, on that day;

(b)otherwise, on the next day when the registry is open for business.

(6)If a document is sent electronically to a registry but not in accordance with the requirements of the Court’s website and this rule —

(a)the document is to be taken not to have been lodged at the registry; and

(b)a registrar must notify the person who sent it of the fact.

(7)A person who lodges a document electronically must have the paper version of the document with him or her at any conference or hearing in the case concerned.

(8)The Court may at any time, on the application of a party or on its own initiative, order a person who has lodged a document electronically to lodge the paper version of the document.

13.Electronic addresses for service

(1)For the purposes of enabling the service by fax of documents that rules of court require to be served, a person may, in addition to providing an address for service in accordance with rules of court, provide a fax number operating at that address.

(2)For the purposes of enabling the service by email of documents that rules of court require to be served, a person who is not registered by the Court’s website as a person authorised to lodge documents electronically may, in addition to providing an address for service in accordance with rules of court, provide an email address operating at that address.

(3)If a lawyer practises in a business with one or more other lawyers or people —

(a)any fax number provided under subrule (1) must be the fax number of the business and not that of the lawyer personally; and

(b)any email address provided under subrule (2) must be the email address of the business and not that of the lawyer personally.

(4)If a party to any proceedings who is self‑represented —

(a)resides in Australia ; and

(b)is registered by the Court’s website as a person authorised to lodge documents electronically; and

(c)under rules of court is required to provide an address for service,

the party, in addition to providing an address for service in accordance with the rules, may provide one email address being the email address of the party recorded on the Court’s website.

(5)If a lawyer acting for a party, or the business in which the lawyer works —

(a)has a business address in Australia ; and

(b)is registered by the Court’s website as a person authorised to lodge documents electronically; and

(c)under rules of court is required to provide an address for service,

the lawyer or business, in addition to providing an address for service in accordance with rules, may provide one email address being the email address of the lawyer or business recorded on the Court’s website.

(6)A person who under this rule provides an email address or a fax number is to be taken to consent to being served with documents by fax at that fax number, or as an attachment to an email sent to that email address, as the case may be.

(7)If a party’s fax number or email address provided under this rule changes, the party must lodge and serve a notice of change of address as soon as practicable after the change occurs.

(8)The notice of change must be in the approved form.

[Rule 13 amended in Gazette 8 Jul 2005 p. 3160.]

14.Service electronically

(1)If rules of court require a person to serve a document, then, unless the contrary intention appears, the person may serve the document —

(a)if the party has provided a fax number under rule 13(1), by sending the document by fax to that number; or

(b)if the party has provided an email address under rule 13, by sending the document as an attachment to an email sent to that address.

(2)A document cannot be served by email under subrule (1) if under rule 12(2) it cannot be lodged electronically.

(3)Rule 11(4) and (5), with any necessary changes, apply to a document being served by fax in the same way as they apply to a document being lodged by fax.

(4)Rule 12(3) and (4)(a) and (b), with any necessary changes, apply to a document being served by email in the same way as they apply to a document being lodged electronically.

(5)A document that is served by email or fax on a person is to be taken to have been served —

(a)if the whole document is sent before 4.30 p.m. on a working day, on that day;

(b)otherwise, on the next working day.

(6)Subrule (1), with any necessary changes, applies to the service by the Court of any document on a party.

(7)This rule does not prevent a person from consenting to being served in a manner other than in accordance with the rules of court.

Division 4 — Recording proceedings

15. Terms used

In this Division, unless the contrary intention appears —

proceedings means any proceedings in the civil or criminal jurisdiction of the Court;

record means any thing or process —

(a)upon or by which information is recorded or stored; or

(b)by means of which a meaning can be conveyed by any means in a visible or recoverable form,

whether or not the use or assistance of some electronic, electrical, mechanical, chemical or other device or process is required to recover or convey the information or meaning;

registrar does not include a deputy registrar.

16.Application of these rules

These rules apply to and in relation to all proceedings that are —

(a)pending when these rules commence; or

(b)commenced on or after these rules commence.

17.Transcripts may be in electronic form

These rules do not prevent a transcript of proceedings being in an electronic form.

18.Proceedings that are to be recorded and transcribed

(1)A registrar may direct that the whole or a part of any proceedings or class of proceedings be recorded.

(2)A registrar may direct how proceedings are to be recorded.

(3)A registrar may direct that the whole or a part of any record or class of record be transcribed into written English.

19.Recorders and transcribers, duties of

(1)In this rule a reference to recording proceedings or to transcribing records of proceedings includes a reference to copying a record or transcript of proceedings.

(2)A person who records proceedings or who transcribes records of proceedings or who checks the accuracy of transcripts of proceedings is, while doing so, an officer of the Court and must obey any directions of a magistrate or a registrar in respect of those activities.

(3)A person who records proceedings must —

(a)before the proceedings commence, check that the recording equipment is working properly; and

(b)during the proceedings, monitor the recording equipment and ensure that an accurate record is made; and

(c)identify the record.

(4)A person who transcribes a record of proceedings must —

(a)enter in a register the identification of the record; and

(b)accurately transcribe the record into written English; and

(c)include on each page of the transcript information to identify the proceedings and the speakers and any other matter directed by a registrar.

(5)A person who checks a transcript, or who copies a record or transcript, of proceedings must —

(a)ensure that the transcript is an accurate transcription of the record, or that the copy is an accurate copy, as the case requires; and

(b)having done so, certify that it is accurate.

(6)A person who records, copies, transcribes or checks the accuracy of transcripts of proceedings must at all times ensure the safe custody of the record of the proceedings.

20.Accuracy of transcript, requesting check of

(1)Whether or not a transcript or a copy has been certified under these rules to be accurate, a person may apply to a registrar to have the accuracy of a specific part of the transcript checked.

(2)On such an application a registrar must cause the transcript to be checked for accuracy, corrected if necessary and certified to be accurate.

21.Certificate of accuracy , form of

A certificate given under this Part as to the accuracy of a transcript of a record of proceedings must comply with the Evidence Act 1906 section 50A(2).

22.Recordings and transcripts , custody of

A registrar must ensure that the recording and any transcript of the recording of proceedings —

(a)are sufficiently registered and marked for identification; and

(b)are kept in safe custody; and

(c)unless the Court orders to the contrary, are not destroyed until at least 2 years after the conclusion of the proceedings, or the last date for commencing any appeal in relation to the proceedings, whichever is the later.

Part 3 — Delegated jurisdiction

Division 1 — General

23.Oaths, who may administer

Any Court officer assisting the Court, when it is constituted by a magistrate or by one or more JPs, may administer an oath or affirmation to any person who the Court requires to be sworn.

Division 2 — Registrar’s jurisdiction

24.Civil jurisdiction of registrars

(1)In a civil case, a registrar has the jurisdiction conferred on a registrar by the Magistrates Court (Civil Proceedings) Rules 2005 in addition to the jurisdiction conferred by others of these rules.

(2)When a registrar exercises the conferred jurisdiction, the registrar can exercise any power of the Court that could be exercised if a magistrate were exercising that jurisdiction.

[Rule 24 amended in Gazette 24 Aug 2007 p. 4323.]

25.Criminal jurisdiction of registrars

(1)In this rule —

registrar does not include a deputy registrar.

(2)In a criminal case, the jurisdiction conferred by this rule is in addition to the jurisdiction conferred by others of these rules.

(3)A registrar has jurisdiction to deal with an application made under the CPA for an adjournment and to perform the court’s functions under the CPA section 75.

(4)A registrar has jurisdiction to grant or adjourn, but not to refuse, an application made under the CPA section 71 if —

(a)it is made in the circumstances described in the CPA section 72(1) or (2); and

(b)it is not made by an accused who is in custody and who seeks to be released on bail until the hearing at which the charge is to be dealt with again.

(5)If an application made under the CPA section 71(1) or (2) includes an application made under the CPA section 71(3), a registrar may only grant the application made under the CPA section 71(3) if the registrar grants the application made under the CPA section 71(1) or (2).

Division 3 — Appeals against decisions by a registrar

26. Commencing an appeal (Act s. 29)

(1)If under the Act section 29(1) a person who is dissatisfied with a decision made by a registrar wants to appeal to a magistrate, the person must lodge 2 copies, and one copy for each other party, of these documents —

(a)a Form 1B; and

(b)a copy of the registrar’s decision; and

(c)any other documents necessary to decide the appeal.

(2)The appellant must serve one copy of the lodged documents on each other party within 14 days after the date on which the documents are lodged.

(3)A magistrate may, by order, extend the period in subrule (2), and may do so even if the period has elapsed.

(4)An application for an order under subrule (3) —

(a)is not required to be served on any other party; and

(b)may be dealt with in the absence of the parties.

[Rule 26 amended in Gazette 23 Nov 2007 p. 5862; 26 Jul 2013 p. 3346.]

27A.Order for substituted service or dispensing with service

(1)If the appellant cannot serve on another party the documents lodged under rule 26(1), a magistrate may, on application made by the appellant —

(a)order that the appellant may take whatever steps are set out in the order to bring the matter to the attention of the other party; or

(b)if it is appropriate in the circumstances, order that the requirement for service be dispensed with altogether.

(2)An application for an order under subrule (1) —

(a)is not required to be served on any other party; and

(b)may be dealt with in the absence of the parties.

(3)If a magistrate makes an order under subrule (1)(a) —

(a)the magistrate may order that the documents are to be taken to have been served on the happening of any event specified in the order, or on the expiry of any period specified in the order; and

(b)when the steps set out in the order have been taken, the appellant must lodge an affidavit of service completed by the person who has taken those steps and stating —

(i)what steps were taken; and

(ii)when those steps were taken; and

(iii)who took those steps.

(4)If a magistrate makes an order under subrule (1), the magistrate may make whatever directions are necessary or desirable with respect to the listing of the appeal for hearing and the notification of the parties.

[Rule 27A inserted in Gazette 26 Jul 2013 p. 3346-7.]

27.Appeal does not stay the case

The commencement of an appeal under the Act section 29(1) does not stay the case concerned unless a magistrate orders otherwise.

28.Listing the appeal for hearing

(1)When the documents lodged under rule 26(1) are served, a registrar must list the appeal for hearing and notify the parties.

(2)The appeal must be listed at least 21 days after the date on which the documents lodged under rule 26(1) are served.

(3)Subrules (1) and (2) are subject to any directions made under rule 27A(4).

[Rule 28 amended in Gazette 26 Jul 2013 p. 3347.]

Part 3A General matters

[Heading inserted in Gazette 24 Aug 2007 p. 4323.]

28A.Magistrates, addressing etc.

In court and in relation to court proceedings, a magistrate is entitled —

(a)to be addressed as “Your Honour”; and

(b)to be referred to as “His Honour” or “Her Honour”.

[Rule 28A inserted in Gazette 24 Aug 2007 p. 4323.]

28B.Civil cases, dealing with in chambers

(1)In this rule —

civil case means proceedings in the Court involving or in connection with the Court’s civil jurisdiction.

(2)The Court, on the application of a party or on its own initiative, may deal with a civil case, or an aspect of a civil case, in chambers.

[Rule 28B inserted in Gazette 17 May 2011 p. 1823.]

Part 4  Contempt of court

29. Terms used

In this Part —

contempt has the meaning given by the Act section 16;

defendant means a person who is alleged to have committed a contempt.

30.Summonses and warrants (Act s. 16) , form of

(1)A warrant issued under the Act section 16(2) —

(a)for a person who has committed a contempt of court under the Act section 15(2) must be in the form of Form 12 in the Criminal Procedure Regulations 2005 Schedule 1;

(b)for any other person who has committed a contempt of court, must be in the form of Form 1 in the Criminal Procedure Regulations 2005 Schedule 1.

(2)A summons issued under the Act section 16(2) must be in the form of Form 4 in the Criminal Procedure Regulations 2005 Schedule 1 adapted as necessary.

31.When contempt may be dealt with summarily

(1)If an alleged contempt occurs —

(a)while the Court, constituted by a magistrate or JP, is sitting; or

(b)in respect of a magistrate or JP who is about to, or who has just, constituted the Court,

and the magistrate or JP is satisfied that the alleged contempt should be dealt with immediately because it is an immediate threat to the authority of the Court or to the integrity of the proceedings, the officer may deal with it summarily.

(2)If a magistrate or JP decides to deal with an alleged contempt summarily, he or she must if practicable, orally inform the defendant of the nature and particulars of the alleged contempt.

32.Contempts not dealt with summarily may be referred to Attorney General

(1)This rule and rule 33 apply if an alleged contempt is not dealt with summarily.

(2)If the alleged contempt occurs while the Court, constituted by a magistrate or JP, is sitting, or occurs in respect of a magistrate or JP, he or she may refer it to the Attorney General.

(3)If the alleged contempt occurs in the presence of or in respect of a registrar when performing functions delegated to the registrar under the Act section 28, the registrar may refer it to the Chief Magistrate who may refer it to the Attorney General.

(4)If the alleged contempt occurs in any other circumstances, the Chief Magistrate may refer it to the Attorney General.

(5)A referral of an alleged contempt to the Attorney General must set out the details of the act or omission that are considered to constitute the alleged contempt.

33.Attorney General may prosecute alleged contempt

(1)The Attorney General may commence and conduct proceedings in the Court against a person for a contempt of court allegedly committed by the person.

(2)To commence proceedings for an alleged contempt, the Attorney General must lodge a written charge against the defendant that sets out the details of the act or omission that constitute the alleged contempt.

(3)The charge must be served on the defendant together with written notice of a hearing date for it and written notice that at the hearing he or she is entitled to be represented by a lawyer and to call any person as a witness.

34.Charge of contempt , hearing of

At the hearing of a charge of contempt lodged by the Attorney General —

(a)the Court must be constituted by a magistrate; and

(b)the Court must not be constituted so as to include any Court officer in whose presence or in respect of whom the alleged contempt was committed; and

(c)a certificate by —

(i)the magistrate or JP who was constituting the Court when, or in respect of whom, the alleged contempt was committed; or

(ii)the registrar in whose presence, or in respect of whom, the alleged contempt was committed; or

(iii)the Chief Magistrate,

setting out the details of the act or omission that constitute the alleged contempt is, in the absence of evidence to the contrary, evidence of its contents; and

(d)any transcript of the proceedings in which the alleged contempt was committed is admissible.

35.Procedure for contempts generally

The procedure for dealing with an alleged contempt, whether summarily or otherwise, is to be the same, so far as is practicable, as that followed in the Supreme Court when it is dealing with an alleged contempt except so far as this Part provides otherwise.

36.Outcome of contempt proceedings to be recorded

(1)Whether an alleged contempt is dealt with summarily or otherwise, the person constituting the Court must record the Court’s decision about the alleged contempt and any order made as a result.

(2)A registrar must issue to the defendant a written notice advising the defendant of the Court’s decision, any order made as a result, and any punishment imposed.

Part 5  Court records

37.Request to inspect or obtain a copy of a document (Act s. 33(3) or (7))

(1)A request under the Act section 33(3) or (7) must be made by lodging a Form 1.

(2)When the request is lodged, a registrar may —

(a)grant it, if satisfied that the person making it is entitled under the Act section 33(3) or (7) to inspect or obtain a copy of the document requested; or

(b)refer it to a magistrate.

(3)A magistrate to whom a request is referred may, in chambers —

(a)without hearing the person making the request, grant it; or

(b)order a registrar to list the request for hearing by a magistrate.

(4)A magistrate hearing the request may grant or refuse it.

[Rule 37 inserted in Gazette 8 Apr 2008 p. 1335‑6; amended in Gazette 7 Jan 2011 p. 51.]

38.Application for leave (Act s. 33(4))

(1)An application for leave under the Act section 33(4) must be made by lodging a Form 2.

(2)When the application is lodged, a registrar may grant it or refer it to a magistrate.

(3)A magistrate to whom an application is referred may, in chambers —

(a)without hearing the applicant, grant the application; or

(b)order a registrar to list the application for hearing by a magistrate.

(4)A magistrate hearing the application may grant or refuse it.

[Rule 38 inserted in Gazette 8 Apr 2008 p. 1336; amended in Gazette 7 Jan 2011 p. 52.]

39.Application for access to information (Act s. 33(8))

(1)An application under the Act section 33(8) must be made by lodging a Form 3A together with an affidavit supporting the application.

(2)When the application is lodged, a registrar —

(a)must refer it to a magistrate; and

(b)may attach to it a written report on the administrative implications of granting it.

(3)A magistrate to whom an application is referred may, in chambers —

(a)without hearing the applicant, grant the application; or

(b)order a registrar to list the application for hearing by a magistrate.

(4)If under subrule (2)(b) a registrar has attached a report to an application, a magistrate must consider the report before determining the application.

(5)A magistrate hearing the application may grant or refuse it.

[Rule 39 inserted in Gazette 8 Apr 2008 p. 1336; amended in Gazette 7 Jan 2011 p. 52.]

40.Criminal cases, information about available on request

(1)Except as provided in any order under the Criminal Procedure Act 2004 section 171, in respect of criminal proceedings in the Court, any person is entitled, on request, to the following information relating to a case —

(a)the name of the accused;

(b)each charge against the accused;

(c)any conviction or order made in respect of the charge;

(d)any penalty imposed on the accused in relation to the charge.

(2)A request may be made at a registry —

(a)orally, in person or by telephone; or

(b)in writing, by mail, fax or email.

[Rule 40 inserted in Gazette 8 Apr 2008 p. 1337.]

41A.Civil cases, certain people entitled on request to certain information about

(1)In this rule —

approved recipient means a person who is approved in writing by the Attorney General as a person entitled to receive searchable information;

searchable information means any of the following information in respect of civil proceedings in the Court —

(a)the names and addresses of the parties;

(b)the amount and nature of the claim;

(c)the amount of any judgment entered;

(d)whether the case has been discontinued.

(2)An approved recipient is entitled, on request, to obtain searchable information in relation to a case.

(3)A request under subrule (2) must be made in writing, by mail, fax or email.

(4)When the request is lodged, a registrar must, on each working day in the period of 12 months after the lodgment, provide the approved recipient with such searchable information that has not already been provided to the recipient in relation to each case before the Court.

(5)If suitable facilities exist at the Court to enable the searchable information to be provided by email to an approved recipient, then the registrar must not provide the information except by email.

[Rule 41A inserted in Gazette 8 Apr 2008 p. 1337.]

41.Conditions on access to records may be imposed

(1)A registrar or magistrate granting a request referred to in rule 37 or 40 or an application referred to in rule 38 or 39 may impose any conditions on the applicant’s access to the record as is just.

(2)Without limiting subrule (1), conditions may be imposed —

(a)to prevent the record from being damaged, interfered with or lost;

(b)to prevent the improper use or publication of the record or any information in it.

[Rule 41 amended in Gazette 8 Apr 2008 p. 1338.]

Part 6  Criminal Procedure Act 2004 rules

42.Interpretation

In this Part, unless the contrary intention appears, a term defined in the CPA has the same meaning as it has in the CPA.

43.Prescribed court officers

For the purposes of the CPA each registrar is prescribed to be a prescribed court officer.

44.Prosecutions, where they must be commenced

(1)A prosecution for an offence must be commenced in the registry nearest to the place where the offence was allegedly committed.

(2)Despite subrule (1), if an offence is allegedly committed in a suburb listed in Schedule 1, a prosecution for the alleged offence must be commenced in the registry listed opposite that suburb in Schedule 1.

(3)If it is not known where an alleged offence was committed, a prosecution for it must be commenced in the registry nearest to where the accused usually lives.

(4)Despite subrule (3), if an accused usually lives in a suburb listed in Schedule 1, a prosecution for the alleged offence must be commenced in the registry listed opposite that suburb in Schedule 1.

(5)A prosecution for an offence that is one of 2 or more offences the prosecutions of which are to be dealt with together may be commenced in the registry nearest to the place where any one of the prosecutions may be commenced in accordance with subrule (1), (2), (3) or (4).

(6)Despite subrules (1) to (5), a prosecution for an alleged offence may be commenced in a registry that is not a registry where it is required by those subrules to be commenced if the registrar in charge of the registry is satisfied that there is good reason for the prosecution to be commenced in that registry.

(7)If a prosecution for an offence is not commenced in a registry in accordance with subrules (1) to (6), the Court sitting at the place where the prosecution is commenced may, under the CPA section 135, order that prosecution be conducted at a registry where it should have been commenced.

45.Prosecution notice, manner of lodging (CPA s. 24)

(1)A prosecution notice must be lodged by handing the original notice to the Court.

(2)Subrule (1) applies even if the information in the prosecution notice is given to the Court by electronic means.

46.Summons etc., amendment of (CPA s. 34)

A prescribed court officer must not, under the CPA section 34, amend the court date in a summons or a court hearing notice after the summons has been lodged with the Court.

46A.Disclosure requirements, applications relating to (CPA s. 138)

An application made by a prosecutor without notice to the accused for an order under the CPA section 138 must be heard by a magistrate sitting in chambers at the Court sitting at Perth .

[Rule 46A inserted in Gazette 24 Aug 2007 p. 4323; amended in Gazette 23 Nov 2007 p. 5862.]

Part 7  Fines, Penalties and Infringement Notices Enforcement Act 1994 rules

47. Term used: Act

In this Part —

Act means the Fines, Penalties and Infringement Notices Enforcement Act 1994.

48.Application to cancel licence suspension order (Act s. 101)

(1)An application under the Act section 101 must be made by lodging a Form 3.

(2)On accepting a Form 3, a registrar must —

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

(b)insert the hearing details on the form; and

(c)return one copy of the form to the applicant and serve one copy on the Commissioner of Police in accordance with the CPA Schedule 2 clause 2 or 3 at least 5 clear days before the date set by the Court for the hearing of it.

49.Application to cancel licence suspension order (Act s. 101A)

(1)An application under the Act section 101A must be made by lodging a Form 4.

(2)On accepting a Form 4, a registrar must —

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

(b)insert the hearing details on the form; and

(c)return one copy of the form to the applicant and serve one copy on the Commissioner of Police in accordance with the CPA Schedule 2 clause 2 or 3 at least 5 clear days before the date set by the Court for the hearing of it.

Part 8  Road Traffic Act 1974 rules

50. Terms used

In this Part —

Director General has the meaning given by the RTA section 5;

RTA means the Road Traffic Act 1974.

[Rule 50 amended in Gazette 15 Feb 2011 p. 537.]

50A.Application under RTA s. 71B, how to be made

(1)An application under the RTA section 71B(7) must be made by lodging a Form 4A and any affidavit that the applicant proposes to tender at the hearing of the application.

(2)When a form and any affidavit is lodged under this rule, 2 copies must also be lodged.

[Rule 50A inserted in Gazette 23 Nov 2007 p. 5863.]

50B.Application under RTA s. 71F, how to be made

(1)An application under the RTA section 71F(1) must be made by lodging a Form 4B, accompanied by a copy of the disqualification notice and any affidavit that the applicant proposes to tender at the hearing of the application.

(2)When a form and any affidavit is lodged under this rule, 2 copies must also be lodged.

[Rule 50B inserted in Gazette 31 Jul 2012 p. 3690.]

51.Application under RTA s. 76, how to be made

(1)An application under the RTA section 76(1) must be made by lodging a Form 5 and any affidavit that the applicant proposes to tender at the hearing of the application.

[(2)deleted]

(3)An application under the RTA section 76(7)(a) must be made by lodging a Form 7 and any affidavit that the applicant proposes to tender at the hearing of the application.

(4)An application under the RTA section 76(7)(b) must be made by lodging —

(a)a Form 8 and any affidavit that the applicant proposes to tender at the hearing of the application; and

(b)a copy of the record of the convictions of the holder of the extraordinary licence to which the application relates.

(5)When a form and any affidavit is lodged under this rule, 2 copies must be also be lodged.

[Rule 51 amended in Gazette 15 Feb 2011 p. 537.]

51A.Application under RTA s. 80J, how to be made

(1)An application under the RTA section 80J(5) or (6) must be made by lodging a Form 9 and any affidavit that the applicant proposes to tender at the hearing of the application.

(2)When a form and any affidavit is lodged under this rule, 2 copies must also be lodged.

[Rule 51A inserted in Gazette 3 Oct 2008 p. 4485.]

51B.Registries where applications may be lodged

(1)An application referred to in rule 50A may be lodged at the nearest non‑police registry to the place where the keys that are the subject of the application are being held.

(2)An application referred to in rule 50B or 51 may be lodged at any registry of the Court, including a police registry.

(3)An application referred to in rule 51A may be lodged at the nearest non‑police registry to the place where the uncollected vehicle or item that is the subject of the application is being held.

[Rule 51B inserted in Gazette 23 Nov 2007 p. 5863; amended in Gazette 23 May 2008 p. 1992; 3 Oct 2008 p. 4486; 31 Jul 2012 p. 3690.]

52.Registrar’s functions when application is made

(1a)On accepting a Form 4A or 9, a registrar must —

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

(b)insert the hearing details on the form; and

(c)return one copy of the form to the applicant and serve one copy on the Commissioner of Police in accordance with the CPA Schedule 2 clause 2 or 3 at least 5 clear days before the date set by the Court for the hearing of it.

(1)A registrar may reject an application made under rule 51 if the registrar has reason to believe that the application cannot be made to or heard by the Court under the RTA section 76.

(2A)On accepting a Form 4B, a registrar must —

(a)list the application for hearing on the earliest convenient date that is at least 14 clear days after the date on which the form is lodged; and

(b)insert the hearing details on the form; and

(c)return one copy of the form to the applicant and serve one copy on the Commissioner of Police in accordance with the CPA Schedule 2 clause 2 or 3 at least 14 clear days before the date set by the Court for the hearing of it.

(2)On accepting a Form 5, a registrar must —

(a)list the application for hearing on the earliest convenient date that is at least 14 clear days after the date on which the form is lodged; and

(b)insert the hearing details on the form; and

(c)return one copy of the form to the applicant and serve one copy on the Director General in accordance with the CPA Schedule 2 clause 2 or 3 or by any other means agreed to by the Director General.

(3)On accepting a Form 7, a registrar must —

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

(b)insert the hearing details on the form; and

(c)return one copy of the form to the applicant and serve one copy on the Director General in accordance with the CPA Schedule 2 clause 2 or 3.

(4)On accepting a Form 8, a registrar must —

(a)list the application for hearing on the earliest convenient date that is at least 14 clear days after the date on which the form is lodged; and

(b)insert the hearing details on the form; and

(c)return 2 copies of the form to the Director General.

(5)On receiving the copies of a Form 8 from a registrar, the Director General must serve one copy on the holder of the extraordinary licence to which the application relates in accordance with the CPA Schedule 2 clause 2 or 3.

[Rule 52 amended in Gazette 24 Aug 2007 p. 4324; 23 Nov 2007 p. 5863; 23 May 2008 p. 1992; 3 Oct 2008 p. 4486; 15 Feb 2011 p. 537; 31 Jul 2012 p. 3690.]

53.Hearing of application, appearance at

(1a)If the Court is satisfied that the Commissioner of Police has been served with an application made under the RTA section 71B(7), 71F(1) or 80J(5) or (6), the Court may deal with it in the absence of the Commissioner of Police.

(1)If the Court is satisfied that the Director General has been served with an application made under the RTA section 76(1) or an application made under the RTA section 76(7)(a), the Court may deal with it in the absence of the Director General.

(2)If the Court is satisfied that the holder of the extraordinary licence to which an application made under the RTA section 76(7)(b) relates has been served with it, the Court may deal with it in the absence of the holder.

[Rule 53 amended in Gazette 23 Nov 2007 p. 5863; 3 Oct 2008 p. 4486; 15 Feb 2011 p. 537; 31 Jul 2012 p. 3690.]

54.Hearing of application, procedure on

At the hearing of an application made under the RTA section 76(1) or an application made under the RTA section 76(7)(a) —

(a)the applicant bears the onus of proof; and

(b)the standard of proof is on the balance of probabilities; and

(c)affidavit evidence may be adduced by a party if the maker of the affidavit is present.

[Rule 54 amended in Gazette 24 Aug 2007 p. 4324; 23 May 2008 p. 1992; 15 Feb 2011 p. 537.]

55.Result of hearing, Director General to be notified

As soon as practicable after the Court decides an application to which this Part applies, a registrar must give the Director General notice of the decision including the details of any order made.

Part 9Criminal Investigation Act 2006 rules

[Heading inserted in Gazette 24 Aug 2007 p. 4324.]

56.Application under Criminal Investigation Act 2006 s. 151, how to be made

(1)An application under the Criminal Investigation Act 2006 section 151(4) must be made by lodging a Form 10 and every seized record relating to the application.

(2)The application must be lodged with —

(a)one or more affidavits that state the facts and circumstances on which it is based; and

(b)any records that are to be lodged with the application.

(3)When a form and affidavits are lodged under this rule, 2 copies must be also be lodged.

[Rule 56 inserted in Gazette 24 Aug 2007 p. 4324‑5.]

57.Registries where applications may be lodged

An application under rule 56 may be lodged at the nearest non‑police registry to the place where the records were seized.

[Rule 57 inserted in Gazette 24 Aug 2007 p. 4325; amended in Gazette 23 Nov 2007 p. 5864.]

58.Registrar’s functions when application is made

On accepting a Form 10, a registrar must —

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

(b)insert the hearing details on the form; and

(c)return the 2 copies of the form and any affidavits to the applicant.

[Rule 58 inserted in Gazette 24 Aug 2007 p. 4325.]

59.Application must be served

The applicant must serve a copy of the application and affidavits on every person entitled to possession of the records at least 5 clear days before the date listed for the hearing of the application.

[Rule 59 inserted in Gazette 24 Aug 2007 p. 4325.]

 

Schedule 1  Suburbs and registries

[r. 44]

Suburb (A‑L)

Registry

Suburb (M‑Z)

Registry

Alexander Heights

Joondalup

Maddington

Armadale

Alfred Cove

Fremantle

Madeley

Joondalup

Alkimos

Joondalup

Madora

Mandurah

Anketell

Rockingham

Mahogany Creek

Midland

Applecross

Perth

Maida Vale

Midland

Araluen

Armadale

Malaga

Midland

Ardross

Perth

Malmalling

Midland

Armadale

Armadale

Mandogalup

Rockingham

Ascot

Perth

Mandurah

Mandurah

Ashby

Joondalup

Manning

Perth

Ashfield

Midland

Marangaroo

Joondalup

Attadale

Fremantle

Mariginiup

Joondalup

Atwell

Fremantle

Marmion

Joondalup

Bailup

Midland

Marsurup

Mandurah

Balcatta

Perth

Martin

Armadale

Baldivis

Rockingham

Maylands

Perth

Balga

Perth

Meadow Springs

Mandurah

Ballajura

Midland

Medina

Rockingham

Banjup

Rockingham

Melville

Fremantle

Banksia

Mandurah

Menora

Perth

Banksia Grove

Joondalup

Merriwa

Joondalup

Barragup

Mandurah

Middle Swan

Midland

Baskerville

Midland

Midland

Midland

Bassendean

Midland

Midvale

Midland

Bateman

Fremantle

Millendon

Midland

Bayswater

Perth

Mindarie

Joondalup

Beaconsfield

Fremantle

Mirrabooka

Perth

Beckenham

Perth

Morley

Perth

Bedford

Perth

Mosman Park

Perth

Bedfordale

Armadale

Mount Helena

Midland

Beechboro

Midland

Mt Claremont

Perth

Beechina

Midland

Mt Hawthorn

Perth

Beeliar

Fremantle

Mt Lawley

Perth

Beldon

Joondalup

Mt Nasura

Armadale

Belhus

Midland

Mt Pleasant

Perth

Bellevue

Midland

Mullaloo

Joondalup

Belmont

Perth

Mundaring

Midland

Bentley

Perth

Mundijong

Armadale

Bertram

Rockingham

Munster

Fremantle

Bibra Lake

Fremantle

Murdoch

Fremantle

Bickley

Midland

Myaree

Fremantle

Bicton

Fremantle

Myora

Mandurah

Booragoon

Fremantle

Nanbeelup

Mandurah

Bouvard

Mandurah

Naval Base

Rockingham

Boya

Midland

Nedlands

Perth

Brentwood

Fremantle

Neerabup

Joondalup

Brigadoon

Midland

Newburn

Midland

Brookdale

Armadale

Nirimba

Mandurah

Bull Creek

Fremantle

Nollamara

Perth

Bullsbrook

Midland

Noranda

Perth

Burns

Joondalup

North Beach

Perth

Burrendah

Fremantle

North Dandalup

Mandurah

Burswood

Perth

North Fremantle

Fremantle

Butler

Joondalup

North Lake

Fremantle

Byford

Armadale

North Perth

Perth

Calista

Rockingham

North Shore

Joondalup

Canning Mills

Armadale

North Yunderup

Mandurah

Canning Vale

Armadale

Northbridge

Perth

Cannington

Perth

Nowergup

Joondalup

Carabooda

Joondalup

O’Connor

Fremantle

Cardup

Armadale

Oakford

Armadale

Carilla

Midland

Oakley

Mandurah

Carine

Perth

Ocean Reef

Joondalup

Carlisle

Perth

Oldbury

Armadale

Carmel

Midland

Orange Grove

Armadale

Carramar

Joondalup

Orelia

Rockingham

Casuarina

Rockingham

Osborne Park

Perth

Caversham

Midland

Padbury

Joondalup

Challenger

Rockingham

Palmyra

Fremantle

Chidlow

Midland

Parkerville

Midland

Chittering

Midland

Parkwood

Fremantle

Churchlands

Perth

Parmelia

Rockingham

City Beach

Perth

Paulls Valley

Midland

Claremont

Perth

Pearsall

Joondalup

Clarkson

Joondalup

Peel Estate

Rockingham

Cloverdale

Perth

Peppermint Grove

Fremantle

Como

Perth

Peron

Rockingham

Connolly

Joondalup

Perth Airport

Perth

Coogee

Fremantle

Perth City

Perth

Coolbellup

Fremantle

Pickering Brook

Midland

Coolbinia

Perth

Piesse Brook

Midland

Cooloongup

Rockingham

Pinjar

Joondalup

Coondalup

Mandurah

Pinjarra

Mandurah

Cottesloe

Perth

Point Gray

Mandurah

Craigie

Joondalup

Port Kennedy

Rockingham

Crawley

Perth

Postans

Rockingham

Cullacabardee

Midland

Pyrton

Midland

Currambine

Joondalup

Queens Park

Perth

Daglish

Perth

Quinns Rock

Joondalup

Dalkeith

Perth

Ravenswood

Mandurah

Darch

Joondalup

Red Hill

Midland

Darling Downs

Armadale

Redcliffe

Perth

Darlington

Midland

Reservoir

Midland

Davis Park

Fremantle

Ridgewood

Joondalup

Dawesville

Mandurah

Ridley Park

Mandurah

Dianella

Perth

Riverton

Perth

Doubleview

Perth

Rivervale

Perth

Dudley Park

Mandurah

Rockingham

Rockingham

Duncraig

Joondalup

Roleystone

Armadale

East Cannington

Perth

Rossmoyne

Perth

East Fremantle

Fremantle

Safety Bay

Rockingham

East Perth

Perth

Sale

Mandurah

East Rockingham

Rockingham

Salter Point

Perth

East Victoria Park

Perth

Samson

Fremantle

Eden Hill

Midland

San Remo

Mandurah

Edgewater

Joondalup

Sawyers Valley

Midland

Eglinton

Joondalup

Scarborough

Perth

Ellenbrook

Midland

Seaforth

Armadale

Ellis

Fremantle

Secret Harbour

Rockingham

Embleton

Perth

Serpentine

Armadale

Erskine

Mandurah

Shelley

Perth

Fairbridge

Mandurah

Shenton Park

Perth

Ferndale

Perth

Shoalwater

Rockingham

Floreat

Perth

Silver Sands

Mandurah

Forrestdale

Armadale

Sinagra

Joondalup

Forrestfield

Midland

Singleton

Mandurah

Fremantle

Fremantle

Sorrento

Joondalup

Furnissdale

Mandurah

South Beach

Fremantle

Gidgegannup

Midland

South Coogee

Fremantle

Girrawheen

Joondalup

South Fremantle

Fremantle

Glen Forrest

Midland

South Guildford

Midland

Glendalough

Perth

South Lake

Fremantle

Gleneagle

Armadale

South Perth

Perth

Glengarry

Joondalup

South Yunderup

Mandurah

Gnangara

Joondalup

Southern River

Armadale

Golden Bay

Mandurah

Southwell

Fremantle

Golden Bay

Rockingham

Spearwood

Fremantle

Gooseberry Hill

Midland

St Andrews

Joondalup

Gorr

Midland

St James

Perth

Gosnells

Armadale

Stakehill

Mandurah

Graylands

Perth

Stirling

Perth

Greenfields

Mandurah

Stoneville

Midland

Greenmount

Midland

Stratton

Midland

Greenwood

Joondalup

Subiaco

Perth

Guildford

Midland

Success

Fremantle

Gwelup

Perth

Swan View

Midland

Hacketts Gully

Midland

Swanbourne

Perth

Halls Head

Mandurah

Tamala Park

Joondalup

Hamersley

Perth

Tapping

Joondalup

Hamilton Hill

Fremantle

The Lakes

Midland

Hazelmere

Midland

The Spectacles

Rockingham

Heathridge

Joondalup

The Vines

Midland

Helena Valley

Midland

Thompson Lake

Fremantle

Henderson

Fremantle

Thornlie

Armadale

Henley Brook

Midland

Trigg

Perth

Herdsman

Perth

Tuart Hill

Perth

Herne Hill

Midland

Two Rocks

Joondalup

High Wycombe

Midland

Upper Swan

Midland

Highgate

Perth

Victoria Park

Perth

Hillarys

Joondalup

Viveash

Midland

Hillman

Rockingham

Waikiki

Rockingham

Hilton

Fremantle

Walliston

Midland

Hocking

Joondalup

Wanamup

Mandurah

Hope Valley

Rockingham

Wandi

Rockingham

Hopeland

Rockingham

Wangara

Joondalup

Hovea

Midland

Wanneroo

Joondalup

Huntingdale

Armadale

Warnbro

Rockingham

Illawarra

Armadale

Warwick

Joondalup

Iluka

Joondalup

Waterford

Perth

Inglewood

Perth

Waterman

Perth

Innaloo

Perth

Wattle Grove

Midland

Jandabup

Joondalup

Wattleup

Fremantle

Jandakot

Fremantle

Wellard

Rockingham

Jane Brook

Midland

Welshpool

Perth

Jarrahdale

Armadale

Wembley

Perth

Jindalee

Joondalup

Wembley Downs

Perth

Jolimont

Perth

West Leederville

Perth

Joondalup

Joondalup

West Perth

Perth

Joondanna

Perth

West Pinjarra

Mandurah

Kalamunda

Midland

West Swan

Midland

Kallaroo

Joondalup

Westfield

Armadale

Karawara

Perth

Westminster

Perth

Kardinya

Fremantle

Wexcombe

Midland

Karnup

Rockingham

Whitby

Armadale

Karragullen

Armadale

White Gum Valley

Fremantle

Karrakatta

Perth

Whiteman

Midland

Karrakup

Armadale

Whitfords

Joondalup

Karrinyup

Perth

Whittaker

Mandurah

Kelmscott

Armadale

Willagee

Fremantle

Kensington

Perth

Willetton

Perth

Kenwick

Perth

Wilson

Perth

Kewdale

Perth

Winthrop

Fremantle

Keysbrook

Armadale

Woodbridge

Midland

Kiara

Midland

Woodlands

Perth

Kings Park

Perth

Woodman Point

Fremantle

Kingsley

Joondalup

Woodvale

Joondalup

Kinross

Joondalup

Wooroloo

Midland

Koondoola

Joondalup

Wungong

Armadale

Koongamia

Midland

Yanchep

Joondalup

Kwinana

Rockingham

Yangebup

Fremantle

Kwinana Beach

Rockingham

Yokine

Perth

Lakelands

Mandurah

 

 

Landsdale

Joondalup

 

 

Langford

Fremantle

 

 

Lathlain

Perth

 

 

Leda

Rockingham

 

 

Leederville

Perth

 

 

Leeming

Fremantle

 

 

Leighton

Fremantle

 

 

Lesmurdie

Midland

 

 

Lexia

Midland

 

 

Lockridge

Midland

 

 

Lynwood

Fremantle

 

 

Schedule 2  Forms

[r. 3]

1A.Application for leave to lodge a document (r. 10)

Magistrates Court Act 2004 s. 17(3)

Magistrates Court at

No:

Application for leave to lodge a document

Applicant

Full name

 

Address

 

Telephone

 

Fax

 

Email address

 

Case details

Case No.

 

Civil/Criminal

Parties

 

Document to be lodged

 

Application

I am a party to the above case and I would like leave to lodge the above document.

Signature of applicant

 

Date

 

[Form 1A inserted in Gazette 23 Nov 2007 p. 5864.]

1B.Appeal against registrar’s decision (r. 26)

Magistrates Court Act 2004 s. 29

Magistrates Court at

No:

Appeal against registrar’s decision

Appellant

Full name

 

Address

 

Telephone

 

Fax

 

Email address

 

Case details

Case No.

 

Civil/Criminal

 

Parties

 

Decision being appealed

Date of decision

 

Brief description of decision

 

Appeal

Under the Magistrates Court Act 2004 section 29 the appellant appeals against the above decision.

Extension of time

Is this application lodged within 21 days after the date of the above decision? Yes/No

If no, state why the application is lodged late:

 

Grounds of appeal

1.

Signature of appellant or lawyer

 

 

Appellant/Appellant’s lawyer

Date

 

Hearing details

This application will be heard —

on [date] at [time] or as soon after as possible,

at [place]

[Form 1B inserted in Gazette 23 Nov 2007 p. 5864.]

1.Request to inspect or obtain copy of document from the Court (r. 37)

Magistrates Court Act 2004 s. 33(3), (7)

Magistrates Court at

No:

Request to inspect or obtain copy of document from the Court

Person making the request

Full name

 

Address

 

Telephone

 

Fax

 

Email address

 

Case details

Case No.

 

Civil/Criminal

Parties

 

Documents wanted

 

Request by a party

[Delete if not applicable.]

I am a party to the above case and I would like —

pto inspect;

pto obtain a copy of,

the above documents.

Request by non‑party

 

I am not a party to the above case. I would like —

pto inspect;

pto obtain a copy of,

the above documents because the case is a criminal case and I am a person referred to in the Magistrates Court Act 2004 s. 33(7), namely —

[give details].

Signature of person making the request

 

Date

 

[Form 1 inserted in Gazette 8 Apr 2008 p. 1338.]

2.Application for leave in respect of court record  (r. 38)

Magistrates Court Act 2004 s. 33(4)

Magistrates Court at

No:

Application for leave in respect of court record

Applicant

Full name

 

Address

 

Telephone

 

Fax

 

Email address

 

Case details

Case No.

 

Civil/Criminal

Parties

 

Records wanted

 

Application1

I am a party to the above case and, under the Magistrates Court Act 2004 s. 33(4), I apply for leave —

 

Signature of applicant

 

Date

 

Notes to Form 2 —

1.Set out in detail what the applicant wants leave to do.

[Form 2 amended in Gazette 8 Apr 2008 p. 1338.]

3A.Application for access to information held by the Court (r. 39)

Magistrates Court Act 2004 s. 33(8)

Magistrates Court at

No:

Application for access to information held by the Court

Applicant

Full name

 

Address

 

Telephone

 

Fax

 

Email address

 

Case details

Case No.

 

Civil/Criminal

Parties

 

Information wanted

 

Application

I would like —

pto inspect;

pto obtain a copy of;

pto view or listen to,

the above information.

[Set out grounds for the request.]

Signature of applicant

 

Date

 

[Form 3A inserted in Gazette 8 Apr 2008 p. 1339.]

3.Application to cancel licence suspension order made in respect of infringement notice (r. 48)

Fines, Penalties and Infringement Notices Enforcement Act 1994 s. 101

Magistrates Court at

No:

Application to cancel licence suspension order made in respect of infringement notice

Applicant

Full name

 

Address

 

Date of birth

 

Licence suspension details

Prosecuting authority

 

Infringement notice No.

 

Registry case No.

 

Licence suspended

[Tick one box]

pDriver’s licence No.

pVehicle licence No.

pAll vehicle licences

Application

[Tick one box]

[*delete one]

I, the applicant, have been disqualified from holding or obtaining the above licence(s) by a licence suspension order made under the Fines, Penalties and Infringement Notices Enforcement Act 1994 Part 3.

Under section 101 of that Act I apply for an order cancelling the licence suspension order on the grounds that I received none of the following —

(a)the infringement notice that gave rise to the licence suspension order;

(b)the final demand issued under section 14 of the Act in respect of the infringement notice;

(c)the order to pay or elect issued under section 17 of the Act in respect of the infringement notice;

(d)the notice of intention to suspend licences issued under section 18 of the Act in respect of the infringement notice;

(e)the notice confirming licence suspension issued under section 19(6) of the Act in respect of the infringement notice.

Certificate

I certify that I have not previously made an unsuccessful application under section 101 of the Act in relation to this licence suspension order or in relation to any other licence suspension order made in respect of this infringement notice.

Signature of applicant

 

Date

 

Hearing details

This application will be heard —

on [date] at [time] or as soon after as possible,

at [place]

4.Application to cancel licence suspension order made in respect of a fine (r. 49)

Fines, Penalties and Infringement Notices Enforcement Act 1994 s. 101A

Magistrates Court at

No:

Application to cancel licence suspension order made in respect of a fine

Applicant

Full name

 

Address

 

Date of birth

 

Licence suspension details

Sentencing Court

 

Charge No.

 

Registry case No.

 

Licence suspended

[Tick one box]

pDriver’s licence No.

pVehicle licence No.

pAll vehicle licences

Application

[Tick one box]

[*delete one]

I have been disqualified from holding or obtaining the above licence(s) by a licence suspension order made under the Fines, Penalties and Infringement Notices Enforcement Act 1994 Part 4.

Under section 101A of that Act I apply for an order cancelling the licence suspension order on the grounds that —

(a)I did not receive a summons or a notice to attend court in respect of the charge that gave rise to the fine that gave rise to the licence suspension order;

(b)I was not present in court when that fine was imposed; and

(c)I received neither of the following —

(i)the notice of intention to suspend licences issued under section 42 of the Act in respect of that fine;

(ii)the notice confirming licence suspension issued under section 43(6) of the Act.

Certificate by applicant

I certify that I have not previously made an unsuccessful application under section 101A of the Act in relation to this licence suspension order or in relation to any other licence suspension order made in respect of this fine.

Signature of applicant

 

Date

 

Hearing details

This application will be heard —

on [date] at [time] or as soon after as possible,

at [place]

4A.Application for an order for seized keys to be handed over (r. 50A)

Road Traffic Act 1974 s. 71B(7)

Magistrates Court at

No:

Application for an order for seized keys to be handed over

Applicant

Full name

 

Address

 

Person described in s. 71B(5) of the Act

Full name

 

Address

 

Application

The applicant applies for an order for the seized keys to be handed over to the applicant.

Seized keys1

 

 

 

 

 

 

 

 

 

 

Signature of applicant or lawyer

 

 

Applicant/Applicant’s lawyer

Date

 

Hearing details

This application will be heard —

on [date] at [time] or as soon after as possible,

at [place]

Notes to Form 4A —

1.Set out the details of the seizure and a description of the vehicle to which the keys relate.

[Form 4A inserted in Gazette 23 Nov 2007 p. 5865; amended in Gazette 3 Oct 2008 p. 4486.]

4B.Application for revocation of disqualification notice (r. 50B)

Court Copy

MAGISTRATES COURT of
WESTERN AUSTRALIA

APPLICATION FOR REVOCATION
OF DISQUALIFICATION NOTICE

Road Traffic Act 1974 s. 71F (1)
Magistrates Court
(General) Rules 2005
Form 4B

 

Court No.

 

Magistrates Court at

 

Date lodged

 

Receipt No.

 

 

Applicant
(Name of the party applying)

Name

 

Address

 

DOB

 

MDL No.

 

Application

Under the Road Traffic Act 1974 section 71F, the applicant applies for an order that revokes the disqualification notice issued in respect of the below matter.

Notice details

Provision/
Grounds

 

 

Date

 

Grounds

[A copy of the disqualification notice must be attached to this application]

The grounds for this application are:

Signature of applicant or lawyer

 

Date

 

 

HEARING DETAILS
This application will be heard on:

Date and time

Date

 

Time

or as soon after as possible

Place

 

 

For Court Use Only

Date

Appearance by accused

Counsel

Record of court proceedings

Judicial officer

 

Y / N

 

 

 

 

Y / N

 

 

 

 

Y / N

 

 

 

 

Y / N

 

 

 

Orders

 

 

 

 

Judicial officer

Date

 

Return of Service Copy

MAGISTRATES COURT of
WESTERN AUSTRALIA

APPLICATION FOR REVOCATION
OF DISQUALIFICATION NOTICE

Road Traffic Act 1974 s. 71F (1) Magistrates Court (General) Rules 2005
Form 4B

 

Court No.

 

Magistrates Court at

 

Date lodged

 

Receipt No.

 

 

Applicant
(Name of the party applying)

Name

 

Address

 

DOB

 

MDL No.

 

Application

Under the Road Traffic Act 1974 section 71F, the applicant applies for an order that revokes the disqualification notice issued in respect of the below matter.

Notice details

Provision/
Grounds

 

 

Date

 

Grounds

[A copy of the disqualification notice must be attached to this application]

The grounds for this application are:

Signature of applicant or lawyer

 

Date

 

 

HEARING DETAILS
This application will be heard on:

Date and time

Date

 

Time

or as soon after as possible

Place

 

 

Service details

[Service on applicant]

On , I served a copy of the application referred to above in the following manner:

Method of service:

Person served:

Name of server:

Signature:

Service details

[Service on respondent]

On , I served a copy of the application referred to above in the following manner:

Method of service:

Person served:

Name of server:

Signature:

 

Copy for Applicant to retain

MAGISTRATES COURT of
WESTERN AUSTRALIA

APPLICATION FOR REVOCATION
OF DISQUALIFICATION NOTICE

Road Traffic Act 1974 s. 71F (1)
Magistrates Court
(General) Rules 2005
Form 4B

 

Court No.

 

Magistrates Court at

 

Date lodged

 

Receipt No.

 

 

Applicant
(Name of the party applying)

Name

 

Address

 

DOB

 

MDL No.

 

Application

Under the Road Traffic Act 1974 section 71F, the applicant applies for an order that revokes the disqualification notice issued in respect of the below matter.

Notice details

Provision/
Grounds

 

 

Date

 

Grounds

[A copy of the disqualification notice must be attached to this application]

The grounds for this application are:

Signature of applicant or lawyer

 

Date

 

 

HEARING DETAILS
This application will be heard on:

Date and time

Date

 

Time

or as soon after as possible

Place

 

 

Copy for service on Respondent

MAGISTRATES COURT of
WESTERN AUSTRALIA

APPLICATION FOR REVOCATION
OF DISQUALIFICATION NOTICE

Road Traffic Act 1974 s. 71F (1)
Magistrates Court
(General) Rules 2005
Form 4B

 

Court No.

 

Magistrates Court at

 

Date lodged

 

Receipt No.

 

 

Applicant
(Name of the party applying)

Name

 

Address

 

DOB

 

MDL No.

 

Application

Under the Road Traffic Act 1974 section 71F, the applicant applies for an order that revokes the disqualification notice issued in respect of the below matter.

Notice details

Provision/
Grounds

 

 

Date

 

Grounds

[A copy of the disqualification notice must be attached to this application]

The grounds for this application are:

Signature of applicant or lawyer

 

Date

 

 

An application to revoke the disqualification notice above has been lodged. Your attendance is required at the date, time and place stated below. If you do not attend, the court may deal with the application in your absence.

HEARING DETAILS
This application will be heard on:

Date and time

Date

 

Time

or as soon after as possible

Place

 

[Form 4B inserted in Gazette 31 Jul 2012 p. 3691‑5.]

5.Application for extraordinary licence (r. 51(1))

Road Traffic Act 1974 s. 76(1)

Magistrates Court at

No:

Application for extraordinary licence

Applicant

Full name

 

Address

 

Date of birth

 

Occupation

 

Employment

[Tick one box]

pSelf employed p Not employed

pEmployed by the employer below

Employer’s name and address