Magistrates Court (Civil Proceedings) Amendment Rules 2026 00-00-00 Xml

Western Australia

Magistrates Court (Civil Proceedings) Amendment Rules 2026

Contents

1.Citation1

2.Commencement1

3.Rules amended1

4.Rule 98C amended1

5.Rule 124 amended2

6.Rule 126 amended2

7.Rule 127 amended2

8.Rule 129A amended3

9.Part 21 Division 1B inserted3

Division 1B — Commonwealth Workplace Protection Orders Act 2025 (Cth)

131F.Terms used3

131G.Applications under s. 13, 19, 26 or 273

131H.Application for urgent interim order under s. 164

131I.Appearance at hearing by audio link or video link5

131J.Service of Commonwealth workplace protection orders6

Magistrates Court (Civil Proceedings) Act 2004

Magistrates Court (Civil Proceedings) Amendment Rules 2026

Made by the Magistrates Court.

1.Citation

These rules are the Magistrates Court (Civil Proceedings) Amendment Rules 2026.

2.Commencement

These rules come into operation as follows —

(a)rules 1 and 2 — 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.

3.Rules amended

These rules amend the Magistrates Court (Civil Proceedings) Rules 2005.

4.Rule 98C amended

After rule 98C(2) insert:

(2A)Subrules (1) and (2) do not apply to a document that is lodged for the purposes of an application made under the Commonwealth Workplace Protection Orders Act 2025 (Cth) Part 2 Division 2 or 4.

5.Rule 124 amended

After rule 124(4) insert:

(5)This Division applies to an application made to the Court under the Commonwealth Workplace Protection Orders Act 2025 (Cth) Part 2 Division 2 or 4.

6.Rule 126 amended

(1)In rule 126(1) delete “131AA or 131B,” and insert:

131AA, 131B or 131H,

(2)In rule 126(2) after “Unless” insert:

rule 131G(6) or

7.Rule 127 amended

After rule 127(1A) insert:

(1AA)This rule does not apply to an application made to the Court under the Commonwealth Workplace Protection Orders Act 2025 (Cth) Part 2 Division 2 or 4.

8.Rule 129A amended

Delete rule 129A(1) and insert:

(1)This rule does not apply to an application made to the Court under —

(a)the Mandatory Testing (Infectious Diseases) Act 2014 section 16; or

(b)the Commonwealth Workplace Protection Orders Act 2025 (Cth) section 16.

9.Part 21 Division 1B inserted

After Part 21 Division 1A insert:

Division 1B — Commonwealth Workplace Protection Orders Act 2025 (Cth)

131F.Terms used

(1)In this Division —

Act means the Commonwealth Workplace Protection Orders Act 2025 (Cth);

section means a section of the Act.

(2)If a term used in this Division is given a meaning in the Act, it has the same meaning in this Division.

131G.Applications under s. 13, 19, 26 or 27

(1)This rule applies for the purposes of the following —

(a)an application for an interim order made under section 13;

(b)an application for a final order made under section 19;

(c)an application to vary or revoke a Commonwealth workplace protection order made under section 26;

(d)an application to revoke a Commonwealth workplace protection order made under section 27.

(2)The application must be presented for lodgment by delivering it to the Court by hand.

(3)The application must be lodged together with a supporting affidavit.

(4)When the application and supporting affidavit are lodged, 2 copies must also be lodged.

(5)When the application and the supporting affidavit are lodged, a registrar must —

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

(b)insert the hearing date on the application; and

(c)return 2 copies of the application and supporting affidavit to the applicant.

(6)Rule 126(2) does not apply to the application if —

(a)it is an application referred to in subrule (1)(c); and

(b)the application is made by the respondent.

131H.Application for urgent interim order under s. 16

(1)This rule applies for the purposes of an application for an urgent interim order made under section 16.

(2)Before making the application, the applicant must notify the registrar at the registry of the Court at which the application will be made that the application is to be made.

(3)If the application is being made by email, it must be presented for lodgment by email in accordance with rule 98D.

(4)If the application is being made by fax, it must be presented for lodgment by fax in accordance with rule 98G.

(5)If the application is being made by email or fax, it must be lodged together with a supporting affidavit.

(6)If the application is being made orally (by telephone or other electronic means), the applicant must lodge the approved form for the application and a supporting affidavit —

(a)if it is practicable to do so — before the application is heard; or

(b)otherwise — when or as soon as practicable after the application is heard.

(7)The approved form for the application and supporting affidavit referred to in subrule (6) may be presented for lodgment —

(a)by delivering it by hand; or

(b)by email in accordance with rule 98D; or

(c)by post in accordance with rule 98F; or

(d)by fax in accordance with rule 98G.

(8)Rule 126(1) does not apply to the application.

131I.Appearance at hearing by audio link or video link

A party to an application made under Part 2 Division 2 or 4 of the Act may, with the leave of the Court, appear before the Court at a hearing of the application by audio link or video link (as those terms are defined in the Evidence Act 1906 section 120(1)).

131J.Service of Commonwealth workplace protection orders

(1)If the Court makes or varies a Commonwealth workplace protection order, the authorised person who applied for the order must serve a copy of the order on the respondent.

(2)The Commonwealth workplace protection order must be served personally.

Date: 20 May 2026

Mr Steven Heath
Chief Magistrate
Magistrates Court in Perth

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.

By Authority: ANDREW JONES, Government Printer