Magistrates Court (Civil Proceedings) Act 2004

Magistrates Court Rules Amendment Rules 2025

 

 

Magistrates Court Rules Amendment Rules 2025

Contents

Part 1 — Preliminary

1.Citation1

2.Commencement1

Part 2 — Magistrates Court (Civil Proceedings) Rules 2005 amended

3.Rules amended1

4.Rule 71 amended1

Part 3 — Magistrates Court (Minor Cases Procedure) Rules 2005 amended

5.Rules amended1

6.Rule 39 amended1

 

Magistrates Court (Civil Proceedings) Act 2004

Magistrates Court Rules Amendment Rules 2025

Made by the Magistrates Court.

Part 1 — Preliminary

1.Citation

These rules are the Magistrates Court Rules Amendment Rules 2025.

2.Commencement

These rules come into operation as follows —

(a)Part 1 — on the day on which these rules are published on the WA legislation website;

(b)the rest of the rules — on the day after that day.

Part 2 — Magistrates Court (Civil Proceedings) Rules 2005 amended

3.Rules amended

This Part amends the Magistrates Court (Civil Proceedings) Rules 2005.

4.Rule 71 amended

(1)In rule 71(3) delete “serve the witness summons on the witness at least 14 days before the trial date or an earlier date as directed by the Court.” and insert:

 

serve —

(a)the witness summons on the witness at least 14 days before the trial date or by an earlier date as directed by the Court; and

(b)a copy of the witness summons on each other party as soon as practicable after the summons is served on the witness.

 

(2)In rule 71(4) delete “personally.” and insert:

 

personally on the witness.

 

(3)In rule 71(6) after “serves” insert:

 

a witness with

 

Part 3 — Magistrates Court (Minor Cases Procedure) Rules 2005 amended

5.Rules amended

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

6.Rule 39 amended

(1)In rule 39(3) delete “lodge and serve the witness summons on the witness at least 14 days before the trial date.” and insert:

 

serve —

(a)the witness summons on the witness at least 14 days before the trial date or by an earlier date as directed by the Court; and

(b)a copy of the witness summons on each other party as soon as practicable after the summons is served on the witness.

 

(2)In rule 39(4) delete “personally.” and insert:

 

personally on the witness.

 

(3)In rule 39(6):

(a)delete “for you”;

(b)delete “subsection (3)” and insert:

 

subrule (5)

 

(4)In rule 39(7) delete “subsection (4)” and insert:

 

subrule (6)

 

Date: 6 March 2025

Mr STEVEN HEATH, Chief Magistrate
Magistrates Court in Perth

 

 

© State of Western Australia 2025.

This work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.

Attribute work as: © State of Western Australia 2025.

By Authority: GEOFF O. LAWN, Government Printer