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.Applying court seal electronically3

Division 2 — Registry matters

8.Registry at which applications commencing a case must be lodged4

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)5

Division 3 — Lodging and serving documents electronically

11.Lodging documents by fax5

12.Lodging documents through Court’s website6

13A.Lodging documents by means of courts electronic system8

13B.Making documents available to court by means of courts electronic system9

13.Electronic address for service10

14.Service by fax or email11

15A.Documents issued by court by means of courts electronic system12

Division 4 — Recording proceedings

15.Terms used13

16.Application of these rules13

17.Transcripts may be in electronic form14

18.Proceedings that are to be recorded and transcribed14

19.Recorders and transcribers, duties of14

20.Accuracy of transcript, requesting check of15

21.Certificate of accuracy, form of15

22.Recordings and transcripts, custody of15

Part 3 — Delegated jurisdiction

Division 1 — General

23.Oaths, who may administer17

Division 2 — Registrar’s jurisdiction

24.Civil jurisdiction of registrars17

25.Criminal jurisdiction of registrars17

Division 3 — Appeals against decisions by a registrar

26.Commencing an appeal (Act s. 29)18

27A.Order for substituted service or dispensing with service19

27.Appeal does not stay the case20

28.Listing the appeal for hearing20

Part 3A — General matters

28A.Magistrates, addressing etc.21

28B.Civil cases, dealing with in chambers21

Part 4 — Contempt of court

29.Terms used22

30.Summonses and warrants (Act s. 16), form of22

31.When contempt may be dealt with summarily22

32.Contempts not dealt with summarily may be referred to Attorney General23

33.Attorney General may prosecute alleged contempt23

34.Charge of contempt, hearing of24

35.Procedure for contempts generally24

36.Outcome of contempt proceedings to be recorded24

Part 5 — Court records

Division 1 — Requests under Act s. 33(3) or (7)

37.Request to inspect or obtain a copy of a document (Act s. 33(3) or (7))26

Division 2 — Applications under Act s. 33(4) or (8)

38.Application for leave (Act s. 33(4))26

39.Application for access to information (Act s. 33(8))27

Division 3 — Transcripts and exhibits for media organisations under Act s. 33(9)(b)

40A.Terms used28

40B.Media organisation may apply for transcript or exhibit28

40C.Making applications28

40D.Who may deal with applications29

40E.Dealing with applications29

40F.Court’s power to publish unaffected30

Division 4 — Information generally under Act s. 33(9)(b)

40.Criminal cases, information about available on request30

41A.Civil cases, certain people entitled on request to certain information about31

41.Conditions on access to records may be imposed32

Part 6 — Criminal Procedure Act 2004 rules

42.Interpretation33

43.Prescribed court officers33

44.Prosecutions, where they must be commenced33

45.Manner of lodging prosecution notice (CPA s. 24)34

45A.Substituted prosecution notices34

45B.Form of remand warrant for accused35

46.Summons etc., amendment of (CPA s. 34)35

46A.Disclosure requirements, applications relating to (CPA s. 138)35

46B.Magistrates and registrars to verify orders35

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

47.Terms used37

48.Application to cancel licence suspension order (Act s. 101)37

49A.Application to cancel enforcement warrant (Act s. 101AA)37

49.Application to cancel licence suspension order (Act s. 101A)38

Part 8 — Road Traffic Act 1974 rules

50.Terms used39

50A.Application under RTA s. 71B, how to be made39

50B.Application under RTA s. 71F, how to be made39

51.Application under RTA s. 76, how to be made39

51A.Application under RTA s. 80J, how to be made40

51B.Registries where applications may be lodged40

52.Registrar’s functions when application is made41

53.Hearing of application, appearance at42

54.Hearing of application, procedure on43

55.Result of hearing, Director General to be notified43

Part 9 — Criminal Investigation Act 2006 rules

56.Application under Criminal Investigation Act 2006 s. 151, how to be made44

57.Registries where applications may be lodged44

58.Registrar’s functions when application is made44

59.Application must be served45

Schedule 1 — Suburbs and registries

Schedule 2 — Forms

1A.Application for leave to lodge a document (r. 10)54

1B.Appeal against registrar’s decision (r. 26)55

1.Request to inspect or obtain copy of document from the Court (r. 37 and 40C)56

2.Application for leave in respect of court record (r. 38)57

3A.Application for access to information held by the Court (r. 39)58

3.Application to cancel licence suspension order made in respect of infringement notice (r. 48)59

4AA.Application to cancel enforcement warrant made in respect of infringement notice (r. 49A)60

4.Application to cancel licence suspension order made in respect of a fine (r. 49)62

4A.Application for an order for seized keys to be handed over (r. 50A)63

4B.Application for revocation of disqualification notice (r. 50B)64

5.Application for extraordinary licence (r. 51(1))70

7.Application by holder to vary extraordinary licence (r. 51(3))72

8.Application by Director General to vary extraordinary licence (r. 51(4))73

9.Application by owner for delay of sale of uncollected vehicle and/or return of item (r. 51A)74

10.Application for decision on whether information in seized record is privileged (r. 56)75

Notes

Compilation table77

Provisions that have not come into operation79

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;

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

courts electronic system means the electronic system for the management of proceedings in Western Australian courts;

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;

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

[Rule 3 amended in Gazette 23 Nov 2007 p. 5862; 15 Aug 2014 p. 2938.]

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.Applying court seal electronically

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 in Gazette 15 Aug 2014 p. 2938.]

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, a person may lodge a document electronically by lodging an electronic version of it by means of the Court’s website.

(2)A document that must be signed by or on behalf of a person cannot be lodged electronically under this rule unless —

(a)the document is an affidavit; or

(b)the document is lodged by —

(i)the person who signed it; or

(ii)the person on whose behalf it was signed; or

(iii)a person who is acting for either of those persons.

(3)A document lodged electronically under this rule that is to be signed by or on behalf of the person by whom it is lodged is authenticated for the purposes of the Courts and Tribunals (Electronic Processes Facilitation) Act 2013 section 10 if —

(a)the Court’s website records the identity of the person who lodges the document; and

(b)the name of the person who signed the document is stated in the electronic version of the document at any place where the person’s signature is required.

(4)An affidavit lodged electronically under this rule is authenticated for the purposes of the Courts and Tribunals (Electronic Processes Facilitation) Act 2013 section 10 if —

(a)an electronic version of it that includes the signatures on it is lodged; or

(b)the electronic version that is lodged includes a statement of the name of the person who signed the affidavit at any place where a signature appears in the paper version.

(5)A person by or on behalf of whom an affidavit is lodged under this rule must —

(a)have possession of the paper version signed according to law; and

(b)ensure that, subject to any order of the Court, arrangements are made for the retention of the paper version.

(6)A document lodged electronically under this rule which is directed to a registry is to be taken to have been lodged at the registry —

(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 sent electronically to a registry by means of the Court’s website is not sent 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.

(8)A person by or on behalf of whom a document is lodged electronically under this rule must ensure that the paper version of the document is available at any conference or hearing in the case concerned.

(9)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 under this rule to lodge the paper version of the document.

[Rule 12 inserted in Gazette 15 Aug 2014 p. 2938‑40.]

13A.Lodging documents by means of courts electronic system

(1)An approved user may lodge a document electronically by providing the information required for the completion of the document by means of the courts electronic system.

(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 under this rule unless it is an affidavit.

(3)A document lodged electronically under this rule that is to be signed by or on behalf of the person lodging it is authenticated for the purposes of the Courts and Tribunals (Electronic Processes Facilitation) Act 2013 section 10 if —

(a)the courts electronic system records the identity of the person who lodges the document; and

(b)the name of the person who signed the document is stated in the electronic version of the document at any place where the person’s signature is required.

(4)An affidavit lodged electronically under this rule is authenticated for the purposes of the Courts and Tribunals (Electronic Processes Facilitation) Act 2013 section 10 if the electronic version that is lodged includes a statement of the name of the person who signed the affidavit at any place where a signature appears in the paper version.

(5)A person who lodges an affidavit under this rule must —

(a)have possession of the paper version signed according to law; and

(b)ensure that arrangements are made for the retention of the paper version subject to any order of the Court.

(6)A document lodged under this rule which is directed to a registry is to be taken to have been lodged at the registry —

(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 sent electronically to a registry by means of the courts electronic system is not sent in accordance with the requirements of the courts electronic system 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.

[Rule 13A inserted in Gazette 15 Aug 2014 p. 2940‑1.]

13B.Making documents available to court by means of courts electronic system

(1)An approved user may make a document available to the Court electronically by means of the courts electronic system.

(2)A document that is required to be signed and is made available electronically under this rule is authenticated for the purposes of the Courts and Tribunals (Electronic Processes Facilitation) Act 2013 section 10 if the name of the person who signed the document is stated in the electronic version of the document at any place where a signature appears in the paper version of the document.

(3)A person who makes available a document under this rule that is required to be signed must, subject to any order of the Court, be satisfied that arrangements have been made for the paper version of the document to be retained.

[Rule 13B inserted in Gazette 15 Aug 2014 p. 2941.]

13.Electronic address for service

(1)A person may give an electronic address for service in accordance with this rule.

(2)A person may give a fax number as an address for service by providing —

(a)a residential or business address; and

(b)a fax number that operates at that address.

(3)A person who is not registered by the Court’s website as a person authorised to lodge documents electronically may give an email address as an address for service by providing —

(a)a residential or business address; and

(b)an email address at which documents may be given to, or accepted on behalf of, the person.

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

(a)any fax number provided under subrule (2) must be the fax number of the business and not that of the lawyer personally; and

(b)any email address provided under subrule (3) must be the email address of the business and not that of the lawyer personally.

(5)A self‑represented person who resides in Australia and is registered by the Court’s website as a person authorised to lodge documents electronically may give an email address as an address for service by providing —

(a)a residential or business address; and

(b)an email address that is the email address of the party provided in connection with that registration.

(6)A lawyer, or the business for which a lawyer works, that has a business address in Australia and is registered by the Court’s website as a person authorised to lodge documents electronically may give an email address as an address for service by providing —

(a)a residential or business address; and

(b)an email address that is the email address of the lawyer or business provided in connection with that registration.

(7)A person who under this rule provides an address for service that is a fax number or an email address 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.

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

(9)The notice of change of address for service must be in the approved form.

[Rule 13 inserted in Gazette 15 Aug 2014 p. 2941‑3.]

14.Service by fax or email

(1)If rules of court require a person to serve a document, the person may serve the document —

(a)if the party has provided a fax number under rule 13(2), 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) or 13A(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)A document served by email that must be signed by a person is authenticated for the purposes of the Courts and Tribunals (Electronic Processes Facilitation) Act 2013 section 10 if the electronic version of the document that is served states the name of the person whose signature appears in the paper version of the document at each place where a signature is required.

(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 rules of court.

[Rule 14 amended in Gazette 15 Aug 2014 p. 2943.]

15A.Documents issued by court by means of courts electronic system

(1)For the purposes of the Courts and Tribunals (Electronic Processes Facilitation) Act 2013 section 12(1), a document that is to be issued to a person by the court is issued to the person if —

(a)the person is an approved user of the courts electronic system in respect of a document of that type and an electronic version of the document is issued to the person by means of the courts electronic system; or

(b)the person has provided an email address for service and an electronic version of the document is sent by email to the person at that address.

(2)For the purposes of the Courts and Tribunals (Electronic Processes Facilitation) Act 2013 section 10, a document issued by the court that must be signed by the person issuing it is authenticated if —

(a)the Court issues the document in an electronic form by means of the courts electronic system; and

(b)the electronic document identifies the person who issued it.

(3)A document that is issued to a person in accordance with subrule (1) is to be taken to have been issued —

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

(b)otherwise, on the next working day.

[Rule 15A inserted in Gazette 15 Aug 2014 p. 2943‑4.]

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

Division 1 — Requests under Act s. 33(3) or (7)

[Heading inserted in Gazette 11 Mar 2014 p. 573.]

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.]

Division 2 — Applications under Act s. 33(4) or (8)

[Heading inserted in Gazette 11 Mar 2014 p. 573.]

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.]

Division 3 — Transcripts and exhibits for media organisations under Act s. 33(9)(b)

[Heading inserted in Gazette 11 Mar 2014 p. 574.]

40A.Terms used

In this Division —

application means an application under rule 40B;

exhibit has the meaning given in rule 40B(b);

media organisation means an organisation that disseminates news or information to the public through the press or by means of radio, television or the internet;

relevant record, in relation to an application, means a transcript or exhibit the subject of the application;

transcript has the meaning given in rule 40B(a).

[Rule 40A inserted in Gazette 11 Mar 2014 p. 574.]

40B.Media organisation may apply for transcript or exhibit

For the purposes of section 33(9)(b) of the Act, a media organisation may apply to the Court for leave to inspect or obtain a copy of —

(a)the record, or the certified transcript of the record, of any proceedings in the case (a transcript); or

(b)any other document (including in an electronic form) tendered in evidence in the case (an exhibit).

[Rule 40B inserted in Gazette 11 Mar 2014 p. 574.]

40C.Making applications

(1)An application must be made by lodging a Form 1.

(2)The relevant media organisation need not give notice of the application to any party to the case unless an order is made under rule 40E(2)(a).

[Rule 40C inserted in Gazette 11 Mar 2014 p. 574.]

40D.Who may deal with applications

(1)When the application is lodged, a registrar must refer it to a magistrate unless subrule (2) applies.

(2)A registrar may, without hearing the relevant media organisation, grant an application if —

(a)the relevant record was the subject of a previous application in the case; and

(b)the application was granted by a magistrate.

(3)A magistrate to whom an application is referred under subrule (1) may, in chambers —

(a)without hearing the relevant media organisation, grant the application; or

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

[Rule 40D inserted in Gazette 11 Mar 2014 p. 574-5.]

40E.Dealing with applications

(1)A magistrate or registrar dealing with an application may deal with the application even though no party to the case has been served with it.

(2)A magistrate dealing with an application may —

(a)order the relevant media organisation to serve any other person, specified in the order, with the application and a notice in an approved form entitling the person to be heard on the application; and

(b)deal with the application accordingly.

(3)A magistrate dealing with an application may grant or refuse it.

(4)A magistrate dealing with an application, if satisfied the relevant media organisation has sufficient cause to be granted leave, may grant the application subject to —

(a)any order made under the CPA section 171; and

(b)any information contained in a pre‑sentence report ordered under the Sentencing Act 1995 section 20 indicating that it would be inappropriate to grant the application; and

(c)any other order or written law that prohibits or restricts the publication or possession of the relevant record.

[Rule 40E inserted in Gazette 11 Mar 2014 p. 575.]

40F.Court’s power to publish unaffected

This Division does not prevent the Court from publishing, on its own initiative, all or any part of the proceedings in a case to any person, and in any manner, it thinks fit.

[Rule 40F inserted in Gazette 11 Mar 2014 p. 575.]

Division 4 — Information generally under Act s. 33(9)(b)

[Heading inserted in Gazette 11 Mar 2014 p. 575.]

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 dismissed or 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; amended in Gazette 31 Dec 2013 p. 6548.]

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, 39 or 40B 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; 11 Mar 2014 p. 576.]

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.Manner of lodging prosecution notice (CPA s. 24)

(1)Unless subrule (2) applies, a prosecution notice must be lodged by means of the courts electronic system in accordance with rule 13A.

(2)A prosecution notice may be lodged by handing a hard copy of the notice to the Court if —

(a)the person lodging the notice does not have access to the courts electronic system; or

(b)the Court agrees to the notice being lodged in that manner.

(3)If a hard copy of a prosecution notice is handed to the Court, an officer of the Court must —

(a)enter the details of the prosecution notice into the courts electronic system; and

(b)ensure that the original document is retained on the Court’s records.

[Rule 45 inserted in Gazette 15 Aug 2014 p. 2944.]

45A.Substituted prosecution notices

(1)In this rule —

substituted prosecution notice means a prosecution notice that is intended to replace a prosecution notice that has been lodged but not finally disposed of.

(2)If a substituted prosecution notice is lodged but not served on the accused, and the accused fails to appear for the next court appearance scheduled in relation to the original prosecution notice, the charges contained in the substituted prosecution notice must —

(a)be removed from the list of matters for hearing; or

(b)held in a temporary list and only formally listed when the accused next appears in relation to the original prosecution notice.

[Rule 45A inserted in Gazette 15 Aug 2014 p. 2945.]

45B.Form of remand warrant for accused

A remand warrant for an accused must be in the form of the Criminal Procedure Regulations 2005 Schedule 1 Form 2.

[Rule 45B inserted in Gazette 15 Aug 2014 p. 2945.]

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.]

46B.Magistrates and registrars to verify orders

(1)If a magistrate or a registrar makes an order in respect of a prosecution notice the magistrate or registrar must —

(a)ensure that the order is noted on a hard copy of the prosecution notice and sign or initial the order; or

(b)ensure that the order is noted on the electronic version of the prosecution notice and verify the making of the order by means of the courts electronic system.

(2)If under subrule (1)(a) an order is noted on a hard copy of the prosecution notice, an officer of the Court must ensure that the order is also noted on the electronic version of the prosecution notice.

[Rule 46B inserted in Gazette 15 Aug 2014 p. 2945‑6.]

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

47.Terms used

In this Part —

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

prosecuting authority has the meaning given in the Act.

[Rule 47 amended in Gazette 12 Aug 2014 p. 2892.]

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 at the registry closest to where the alleged offence took place.

(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)at least 5 clear days before the date set by the Court for the hearing of the application, return one copy of the form to the applicant and give one copy to each of the following —

(i)the Commissioner of Police;

(ii)if the Commissioner of Police is not the relevant prosecuting authority, the relevant prosecuting authority.

[Rule 48 amended in Gazette 11 Mar 2014 p. 576; 12 Aug 2014 p. 2892‑3.]

49A.Application to cancel enforcement warrant (Act s. 101AA)

(1)An application under the Act section 101AA must be made by lodging a Form 4AA at the registry closest to where the alleged offence took place.

(2)On accepting a Form 4AA, 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)at least 5 clear days before the date set by the Court for the hearing of the application, return one copy of the form to the applicant and give one copy to the relevant prosecuting authority; and

(d)as soon as practicable after reaching a decision on the application, the Court must advise the Sheriff referred to in the Supreme Court Act 1935 section 156 of that decision.

[Rule 49A inserted in Gazette 20 Aug 2013 p. 3818; amended in Gazette 11 Mar 2014 p. 576; 12 Aug 2014 p. 2893.]

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 at the registry closest to where the alleged offence took place.

(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)at least 5 clear days before the date set by the Court for the hearing of the application, return one copy of the form to the applicant and give one copy to the relevant prosecuting authority.

[Rule 49 amended in Gazette 11 Mar 2014 p. 576; 12 Aug 2014 p. 2893.]

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]

[Heading inserted in Gazette 11 Mar 2014 p. 576.]

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

Ashendon

Armadale

Marangaroo

Joondalup

Ashfield

Midland

Mardella

Armadale

Attadale

Fremantle

Mariginiup

Joondalup

Atwell

Fremantle

Marmion

Joondalup

Aubin Grove

Armadale

Marsurup

Mandurah

Aveley

Midland

Martin

Armadale

Bailup

Midland

Maylands

Perth

Balcatta

Perth

Meadow Springs

Mandurah

Baldivis

Rockingham

Medina

Rockingham

Balga

Perth

Melaleuca

Joondalup

Ballajura

Midland

Melville

Fremantle

Banjup

Rockingham

Menora

Perth

Banksia

Mandurah

Merriwa

Joondalup

Banksia Grove

Joondalup

Middle Swan

Midland

Barragup

Mandurah

Midland

Midland

Baskerville

Midland

Midvale

Midland

Bassendean

Midland

Millendon

Midland

Bateman

Fremantle

Mindarie

Joondalup

Bayswater

Perth

Mirrabooka

Perth

Beaconsfield

Fremantle

Morley

Perth

Beckenham

Perth

Mosman Park

Perth

Bedford

Perth

Mount Helena

Midland

Bedfordale

Armadale

Mt Claremont

Perth

Beechboro

Midland

Mt Hawthorn

Perth

Beechina

Midland

Mt Lawley

Perth

Beeliar

Fremantle

Mt Nasura

Armadale

Beldon

Joondalup

Mt Pleasant

Perth

Belhus

Midland

Mt Richon

Armadale

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

Brabham

Midland

Neerabup

Joondalup

Brentwood

Fremantle

Newburn

Midland

Brigadoon

Midland

Nirimba

Mandurah

Brookdale

Armadale

Nollamara

Perth

Bull Creek

Fremantle

Noranda

Perth

Bullsbrook

Midland

North Beach

Perth

Burns Beach

Joondalup

North Coogee

Fremantle

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

Camillo
(formerly Westfield)

Armadale

North Yunderup

Mandurah

Canning Mills

Armadale

Northbridge

Perth

Canning Vale

Armadale

Nowergup

Joondalup

Cannington

Perth

O’Connor

Fremantle

Carabooda

Joondalup

Oakford

Armadale

Cardup

Armadale

Oakley

Mandurah

Carilla

Midland

Ocean Reef

Joondalup

Carine

Perth

Oldbury

Armadale

Carlisle

Perth

Orange Grove

Armadale

Carmel

Midland

Orelia

Rockingham

Carramar

Joondalup

Osborne Park

Perth

Casuarina

Rockingham

Padbury

Joondalup

Caversham

Midland

Palmyra

Fremantle

Challenger

Rockingham

Parkerville

Midland

Champion Lakes

Armadale

Parkwood

Fremantle

Chidlow

Midland

Parmelia

Rockingham

Chittering

Midland

Paulls Valley

Midland

Churchlands

Perth

Pearsall

Joondalup

City Beach

Perth

Peel Estate

Rockingham

Claremont

Perth

Peppermint Grove

Fremantle

Clarkson

Joondalup

Peron

Rockingham

Cloverdale

Perth

Perth Airport

Perth

Como

Perth

Perth City

Perth

Connolly

Joondalup

Piara Waters

Armadale

Coodanup

Mandurah

Pickering Brook

Midland

Coogee

Fremantle

Piesse Brook

Midland

Coolbellup

Fremantle

Pinjar

Joondalup

Coolbinia

Perth

Pinjarra

Mandurah

Cooloongup

Rockingham

Point Gray

Mandurah

Cottesloe

Perth

Port Kennedy

Rockingham

Craigie

Joondalup

Postans

Rockingham

Crawley

Perth

Pyrton

Midland

Cullacabardee

Midland

Queens Park

Perth

Currambine

Joondalup

Quinns Rock

Joondalup

Daglish

Perth

Ravenswood

Mandurah

Dalkeith

Perth

Red Hill

Midland

Darch

Joondalup

Redcliffe

Perth

Darling Downs

Armadale

Reservoir

Midland

Darlington

Midland

Ridgewood

Joondalup

Davis Park

Fremantle

Ridley Park

Mandurah

Dawesville

Mandurah

Riverton

Perth

Dayton

Midland

Rivervale

Perth

Dianella

Perth

Rockingham

Rockingham

Doubleview

Perth

Roleystone

Armadale

Dudley Park

Mandurah

Rottnest Island

Fremantle

Duncraig

Joondalup

Rossmoyne

Perth

Dwellingup

Mandurah

Safety Bay

Rockingham

East Cannington

Perth

Sale

Mandurah

East Fremantle

Fremantle

Salter Point

Perth

East Perth

Perth

Samson

Fremantle

East Rockingham

Rockingham

San Remo

Mandurah

East Victoria Park

Perth

Sawyers Valley

Midland

Eden Hill

Midland

Scarborough

Perth

Edgewater

Joondalup

Seaforth

Armadale

Eglinton

Joondalup

Secret Harbour

Rockingham

Ellenbrook

Midland

Serpentine

Armadale

Ellis

Fremantle

Seville Grove

Armadale

Embleton

Perth

Shelley

Perth

Erskine

Mandurah

Shenton Park

Perth

Fairbridge

Mandurah

Shoalwater

Rockingham

Ferndale

Perth

Silver Sands

Mandurah

Floreat

Perth

Sinagra

Joondalup

Forrestdale

Armadale

Singleton

Mandurah

Forrestfield

Midland

Sorrento

Joondalup

Fremantle

Fremantle

South Beach

Fremantle

Furnissdale

Mandurah

South Coogee

Fremantle

Gidgegannup

Midland

South Fremantle

Fremantle

Girrawheen

Joondalup

South Guildford

Midland

Glen Forrest

Midland

South Lake

Fremantle

Glendalough

Perth

South Perth

Perth

Gleneagle

Armadale

South Yunderup

Mandurah

Glengarry

Joondalup

Southern River

Armadale

Gnangara

Joondalup

Southwell

Fremantle

Golden Bay

Mandurah

Spearwood

Fremantle

Golden Bay

Rockingham

St Andrews

Joondalup

Gooseberry Hill

Midland

St James

Perth

Gorrie

Midland

Stakehill

Mandurah

Gosnells

Armadale

Stirling

Perth

Graylands

Perth

Stoneville

Midland

Greenfields

Mandurah

Stratton

Midland

Greenmount

Midland

Subiaco

Perth

Greenwood

Joondalup

Success

Fremantle

Guildford

Midland

Swan View

Midland

Gwelup

Perth

Swanbourne

Perth

Hacketts Gully

Midland

Tamala Park

Joondalup

Halls Head

Mandurah

Tapping

Joondalup

Hamersley

Perth

The Lakes

Midland

Hamilton Hill

Fremantle

The Spectacles

Rockingham

Hammond Park

Fremantle

The Vines

Midland

Harrisdale

Armadale

Thompson Lake

Fremantle

Haynes

Armadale

Thornlie

Armadale

Hazelmere

Midland

Trigg

Perth

Heathridge

Joondalup

Tuart Hill

Perth

Helena Valley

Midland

Two Rocks

Joondalup

Henderson

Fremantle

Upper Swan

Midland

Henley Brook

Midland

Victoria Park

Perth

Herdsman

Perth

Viveash

Midland

Herne Hill

Midland

Waikiki

Rockingham

High Wycombe

Midland

Walliston

Midland

Highgate

Perth

Wandi

Rockingham

Hilbert

Armadale

Wangara

Joondalup

Hillarys

Joondalup

Wannanup

Mandurah

Hillman

Rockingham

Wanneroo

Joondalup

Hilton

Fremantle

Warnbro

Rockingham

Hocking

Joondalup

Warwick

Joondalup

Hope Valley

Rockingham

Waterford

Perth

Hopeland

Rockingham

Watermans Bay

Perth

Hovea

Midland

Wattle Grove

Midland

Huntingdale

Armadale

Wattleup

Fremantle

Iluka

Joondalup

Wellard

Rockingham

Inglewood

Perth

Welshpool

Perth

Innaloo

Perth

Wembley

Perth

Jandabup

Joondalup

Wembley Downs

Perth

Jandakot

Fremantle

West Leederville

Perth

Jane Brook

Midland

West Perth

Perth

Jarrahdale

Armadale

West Pinjarra

Mandurah

Jindalee

Joondalup

West Swan

Midland

Jolimont

Perth

Westfield

Armadale

Joondalup

Joondalup

Westminster

Perth

Joondanna

Perth

Wexcombe

Midland

Kalamunda

Midland

Whitby

Armadale

Kallaroo

Joondalup

White Gum Valley

Fremantle

Karawara

Perth

Whiteman

Midland

Kardinya

Fremantle

Whitfords

Joondalup

Karnup

Rockingham

Whittaker

Mandurah

Karragullen

Armadale

Willagee

Fremantle

Karrakatta

Perth

Willetton

Perth

Karrakup

Armadale

Wilson

Perth

Karrinyup

Perth

Winthrop

Fremantle

Kelmscott

Armadale

Woodbridge

Midland

Kensington

Perth

Woodlands

Perth

Kenwick

Perth

Woodman Point

Fremantle

Kewdale

Perth

Woodvale

Joondalup

Keysbrook

Armadale

Wooroloo

Midland

Kiara

Midland

Wungong

Armadale

Kings Park

Perth

Yanchep

Joondalup

Kingsley

Joondalup

Yangebup

Fremantle

Kinross

Joondalup

Yokine

Perth

Koondoola

Joondalup

 

 

Koongamia

Midland

 

 

Kwinana

Rockingham

 

 

Kwinana Beach

Rockingham

 

 

Kwinana Town Centre

Rockingham

 

 

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 1 inserted in Gazette 11 Mar 2014 p. 576-82.]

 

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 and 40C)

Magistrates Court Act 2004 s. 33(3), (7) and (9)

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 on the following grounds —

[give details].

Media organisation

[Delete if not applicable.]

I represent the following media organisation:

 

 

Signature of person making the request

 

Date

 

[Form 1 inserted in Gazette 8 Apr 2008 p. 1338; amended in Gazette 11 Mar 2014 p. 582-3; 12 Aug 2014 p. 2893.]

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 enforce 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]

[Form 3 amended in Gazette 20 Aug 2013 p. 3819.]

4AA.Application to cancel enforcement warrant made in respect of infringement notice (r. 49A)

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

Magistrates Court at

No:

Application for cancellation of enforcement warrant issued under Part 3

Applicant

Full name

 

Address

 

Date of birth

 

Enforcement warrant details

Prosecuting authority

 

Infringement notice No.

 

Registry case no.

 

Action

pPersonal property seized

pLand seized

pVehicle immobilised

pNumber plates removed from vehicle

Application

 

An enforcement warrant has been issued in respect of me, the applicant, under the Fines, Penalties and Infringement Notices Enforcement Act 1994 Part 3. The enforcement warrant was served on __/__/__.

Under section 101AA of that Act I apply for an order cancelling the enforcement warrant on the grounds that I received none of the following —

(a)the infringement notice that gave rise to the warrant;

(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 enforce issued under section 18 of the Act in respect of the infringement notice;

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

Certificate by applicant

I certify that I have not previously made an unsuccessful application under section 101AA of the Act in relation to this enforcement warrant or in relation to any other enforcement warrant made in respect of the infringement notice to which the warrant relates.

Signature of applicant

 

Date

 

Hearing details

This application will be heard —

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

at [place]

[Form 4AA inserted in Gazette 20 Aug 2013 p. 3819-20.]

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 enforce 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]

[Form 4 amended in Gazette 20 Aug 2013 p. 3820.]

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