Western Australian Consolidated Acts Western Australian Consolidated Acts1 This is a compilation of the District Court of Western
Australia Act 1969 and includes the amendments made by the other written
laws referred to in the following table 1a. The table also
contains information about any reprint.
|
Short title |
Number and year |
Assent |
Commencement |
|---|---|---|---|
|
84 of 1969 |
17 Nov 1969 |
1 Apr 1970 (see s. 2 and Gazette
26 Mar 1970 p. 903) |
|
|
District Court of Western Australia Act Amendment
Act 1970 |
14 of 1970 |
29 Apr 1970 |
Act other than s. 3(b): 29 Apr 1970 (see
s. 2(1)); |
|
District Court of Western Australia Act Amendment
Act (No. 2) 1970 |
100 of 1970 |
8 Dec 1970 |
8 Dec 1970 |
|
District Court of Western Australia Act Amendment
Act 1972 |
40 of 1972 |
16 Jun 1972 |
Act other than s. 3-6, 8, 9, 11 and 12:
16 Jun 1972 (see s. 2(1)); |
|
Acts Amendment (Judicial Salaries and Pensions)
Act 1972 Pt. II |
91 of 1972 |
4 Dec 1972 |
1 Jan 1973 (see s. 2) |
|
Reprint of the District Court of Western Australia
Act 1969 approved 9 Apr 1973 (includes amendments listed
above) |
|||
|
Acts Amendment (Judicial Salaries and Pensions)
Act 1974 Pt. II |
23 of 1974 |
23 Oct 1974 |
1 Jul 1974 (see s. 2) |
|
Acts Amendment (Judicial Salaries and Pensions)
Act 1975 Pt. II |
45 of 1975 |
18 Sep 1975 |
8 Aug 1975 (see s. 2) |
|
District Court of Western Australia Act Amendment
Act 1975 |
58 of 1975 |
24 Oct 1975 |
1 Jan 1976 (see s. 2 and Gazette
7 Nov 1975 p. 4125) |
|
Acts Amendment (Jurisdiction of Courts) Act 1976
Pt. I |
69 of 1976 |
6 Oct 1976 |
1 Jan 1977 (see s. 2 and Gazette
24 Dec 1976 p. 5028) |
|
Acts Amendment (Expert Evidence) Act 1976
Pt. III |
111 of 1976 |
25 Nov 1976 |
25 Nov 1976 |
|
Acts Amendment (Supreme Court and District Court)
Act 1978 Pt. III |
112 of 1978 |
12 Dec 1978 |
1 Apr 1970 (see s. 2) |
|
Reprint of the District Court of Western Australia
Act 1969 approved 5 Sep 1980 (includes amendments listed
above) |
|||
|
Acts Amendment (Jurisdiction of Courts) Act 1981
Pt. II |
118 of 1981 |
14 Dec 1981 |
1 Feb 1982 (see s. 2 and Gazette
22 Jan 1982 p. 175) |
|
Acts Amendment (Judicial Appointments) Act 1982
Pt. III |
7 of 1982 |
6 May 1982 |
6 May 1982 |
|
Acts Amendment (Abolition of Capital Punishment)
Act 1984 Pt. VIII |
52 of 1984 |
5 Sep 1984 |
3 Oct 1984 |
|
District Court of Western Australia Amendment
Act 1984 |
122 of 1984 |
27 Dec 1984 |
s. 1-7, 12 and 13: 24 Jan 1985 (see
s. 2(1)); |
|
Acts Amendment (Sexual Assaults) Act 1985
Pt. V |
74 of 1985 |
20 Nov 1985 |
1 Apr 1986 (see s. 2 and Gazette
28 Feb 1986 p. 605) |
|
Acts Amendment (Financial Administration and Audit)
Act 1985 s. 3 |
98 of 1985 |
4 Dec 1985 |
1 Jul 1986 (see s. 2 and Gazette
30 Jun 1986 p. 2255) |
|
Commercial Arbitration Act 1985
s. 3(1) |
109 of 1985 |
7 Jan 1986 |
1 Apr 1986 (see s. 2 and Gazette
28 Feb 1986 p. 605) |
|
Acts Amendment (Penalties for Contempt of Court)
Act 1986 Pt. II |
71 of 1986 |
4 Dec 1986 |
4 Dec 1986 (see s. 2) |
|
Reprint of the District Court of Western Australia
Act 1969 as at 12 Feb 1987 (includes amendments listed
above) |
|||
|
Acts Amendment (Legal Practitioners, Costs and Taxation)
Act 1987 Pt. IV |
65 of 1987 |
1 Dec 1987 |
12 Feb 1988 (see s. 2(2) and Gazette
12 Feb 1988 p. 397) |
|
Judges’ Salaries and Pensions Amendment
Act 1987 s. 8 |
82 of 1987 |
1 Dec 1987 |
1 Dec 1987 (see s. 2) |
|
Supreme and District Courts (Miscellaneous Amendments)
Act 1991 Pt. 3 |
14 of 1991 |
21 Jun 1991 |
21 Jun 1991 (see s. 2) |
|
Acts Amendment (Sexual Offences) Act 1992
s. 6(8) |
14 of 1992 |
17 Jun 1992 |
1 Aug 1992 (see s. 2 and Gazette
28 Jul 1992 p. 3671) |
|
Acts Amendment (Jurisdiction and Criminal Procedure)
Act 1992 Pt. 3 |
53 of 1992 |
9 Dec 1992 |
1 Mar 1993 (see s. 2(1) and
Gazette 26 Jan 1993 p. 823) |
|
Financial Administration Legislation Amendment
Act 1993 s. 11 |
6 of 1993 |
27 Aug 1993 |
1 Jul 1993
(see s. 2(1)) |
|
Acts Amendment (Public Sector Management)
Act 1994 s. 3(2) |
32 of 1994 |
29 Jun 1994 |
1 Oct 1994 (see s. 2 and Gazette
30 Sep 1994 p. 4948) |
|
Reprint of the District Court of Western Australia
Act 1969 as at 20 Feb 1996 (includes amendments listed
above) |
|||
|
Local Government (Consequential Amendments)
Act 1996 s. 4 |
14 of 1996 |
28 Jun 1996 |
1 Jul 1996 (see s. 2) |
|
Criminal Law Amendment Act 1996
Pt. 3 |
36 of 1996 |
10 Oct 1996 |
10 Oct 1996
(see s. 2(1)) |
|
Financial Legislation Amendment Act 1996
s. 64 |
49 of 1996 |
25 Oct 1996 |
25 Oct 1996 (see s. 2(1)) |
|
Acts Amendment (Auxiliary Judges) Act 1997
Pt. 2 |
23 of 1997 |
18 Sep 1997 |
18 Sep 1997 (see s. 2) |
|
Statutes (Repeals and Minor Amendments) Act 1997
s. 48 |
57 of 1997 |
15 Dec 1997 |
15 Dec 1997 (see s. 2(1)) |
|
Reprint of the District Court of Western Australia
Act 1969 as at 1 Jan 1999 (includes amendments listed
above) |
|||
|
Courts Legislation Amendment Act 2000 Pt. 2
(s. 3-7) |
27 of 2000 |
6 Jul 2000 |
s. 3-5: 6 Jul 2000
(see s. 2(1)); |
|
State Records (Consequential Provisions)
Act 2000 Pt. 3 |
53 of 2000 |
28 Nov 2000 |
1 Dec 2001 (see s. 2 and Gazette
30 Nov 2001 p. 6067) |
|
Reprint of the District Court of Western Australia
Act 1969 as at 19 Jan 2001 (includes amendments listed
above except those in the Courts Legislation Amendment Act 2000
s. 6-7 and the State Records (Consequential Provisions)
Act 2000) |
|||
|
23 of 2002 |
18 Sep 2002 |
28 Sep 2002 (see s. 2 and Gazette
27 Sep 2002 p. 4877) |
|
|
Acts Amendment (Equality of Status) Act 2003
Pt. 17 |
28 of 2003 |
22 May 2003 |
1 Jul 2003 (see s. 2 and Gazette
30 Jun 2003 p. 2579) |
|
Acts Amendment and Repeal (Courts and Legal Practice)
Act 2003 s. 32, 111 and 125 |
65 of 2003 |
4 Dec 2003 |
1 Jan 2004 (see s. 2 and Gazette
30 Dec 2003 p. 5722) |
|
Acts Amendment (Court of Appeal) Act 2004
s. 32 |
45 of 2004 |
9 Nov 2004 |
1 Feb 2005 (see s. 2 and Gazette
14 Jan 2005 p. 163) |
|
Courts Legislation Amendment and Repeal Act 2004
Pt. 10 3 |
59 of 2004 (as amended by No. 5 of 2008
s. 24) |
23 Nov 2004 |
1 May 2005 (see s. 2 and Gazette
31 Dec 2004 p. 7128) |
|
Criminal Procedure and Appeals (Consequential and Other
Provisions) Act 2004 Pt. 7 |
84 of 2004 |
16 Dec 2004 |
2 May 2005 (see s. 2 and Gazette
31 Dec 2004 p. 7129 (correction in Gazette
7 Jan 2005 p. 53)) |
|
Reprint 7: The District Court of Western Australia
Act 1969 as at 19 Aug 2005 (includes amendments listed
above) |
|||
|
Limitation Legislation Amendment and Repeal
Act 2005 Pt. 5 4 |
20 of 2005 |
15 Nov 2005 |
15 Nov 2005 (see s. 2) |
|
Oaths, Affidavits and Statutory Declarations
(Consequential Provisions) Act 2005 Pt. 6 |
24 of 2005 |
2 Dec 2005 |
1 Jan 2006 (see s. 2(1) and Gazette 23 Dec 2005
p. 6244) |
|
Financial Legislation Amendment and Repeal Act 2006
s. 4 |
77 of 2006 |
21 Dec 2006 |
1 Feb 2007 (see s. 2(1) and Gazette
19 Jan 2007 p. 137) |
|
Legal Profession Act 2008
s. 660 |
21 of 2008 |
27 May 2008 |
1 Mar 2009 (see s. 2(b) and Gazette
27 Feb 2009 p. 511) |
|
Criminal Law Amendment (Homicide) Act 2008
s. 31 |
29 of 2008 |
27 Jun 2008 |
1 Aug 2008 (see s. 2(d) and Gazette
22 Jul 2008 p. 3353) |
|
Reprint 8: The District Court of Western Australia
Act 1969 as at 7 Nov 2008 (includes amendments listed
above except those in the Legal Profession
Act 2008) |
|||
1a On the date as at which this
compilation was prepared, provisions referred to in the following table had not
come into operation and were therefore not included in this compilation. For
the text of the provisions see the endnotes referred to in the table.
Provisions
that have not come into operation
|
Short title |
Number and year |
Assent |
Commencement |
|---|---|---|---|
|
State Superannuation (Transitional and Consequential
Provisions) Act 2000 s. 75 5 |
43 of 2000 |
2 Nov 2000 |
To be proclaimed (see s. 2(2)) |
2 The Superannuation and Family Benefits Act 1938
was repealed by the State Superannuation Act 2000 s. 39, but
its provisions continue to apply to and in relation to certain schemes because
of the State Superannuation (Transitional and Consequential Provisions)
Act 2000 s. 26.
3 The Courts Legislation Amendment and Repeal Act 2004
Pt. 22 (as amended by the Acts Amendment (Justice) Act 2008
s. 24) contains transitional provisions about enforcing judgments given
before that Part commenced. Part 22 and the Civil Judgments Enforcement
Act 2004 commenced on 1 May 2005. Part 22 reads as
follows:
“
Part 22 — Transitional
provisions
Division 1 — Provisions about enforcing
judgments
(1) In this Part —
commencement means the commencement of this Part;
court fee, for an application, does not include any fee
payable in connection with serving the application to the Sheriff or any other
person;
enforcement process means any writ, warrant, order, or other
process, issued by a court for or in connection with enforcing a judgment or
order of the court.
(2) This Part does not limit the operation of the Interpretation
Act 1984 Part V.
144. Judgments not satisfied before
commencement
If immediately before commencement a judgment of the Supreme Court,
District Court or Local Court is unsatisfied, then on
commencement —
(a) if any proceedings for or in connection with enforcing the judgment
are pending in a court, section 145 applies;
(aa) if any enforcement process is in force in relation to the judgment,
section 146 applies;
(b) otherwise, the judgment may be enforced under and subject to the
Civil Judgments Enforcement Act 2004.
[Section 144 amended by No. 5 of 2008 s. 24.]
145. Pending proceedings to enforce a
judgment
(1) If immediately before commencement proceedings for or in connection
with enforcing a judgment are pending in a court, then on commencement
either —
(a) the proceedings may be continued under the law in force immediately
before commencement, despite the enactment of the Civil Judgments Enforcement
Act 2004; or
(b) the person entitled to the benefit of the judgment may discontinue the
proceedings and commence proceedings under the Civil Judgments Enforcement
Act 2004 to enforce the judgment.
(2) If proceedings are continued under
subsection (1)(a) —
(a) no enforcement process may be issued under the law in force
immediately before commencement for or in connection with enforcing the
judgment; but
(b) subject to the Civil Judgments Enforcement Act 2004, the
court may make any order under that Act that substantially corresponds with any
order that the court could have made in the proceedings under the law in force
immediately before commencement.
(3) If proceedings under the Supreme Court Act 1935
section 126(2) or the Local Courts Act 1904
section 130 are continued under subsection (1)(a), they are to be
taken to be a means inquiry held under the Civil Judgments Enforcement
Act 2004 for the purposes of subsection (2)(b).
(4) Subsection (2)(a) does not prevent the issue of any warrant or
writ in connection with conducting any proceedings that are continued under
subsection (1)(a).
(5) No court fee shall be payable for commencing proceedings as permitted
by subsection (1)(b) by a person who has discontinued proceedings as
permitted by that subsection.
146. Pending process to enforce a
judgment
(1) If immediately before commencement any enforcement process is in
force, then on commencement the process continues in force under the law in
force immediately before commencement until —
(a) the process ceases to be in force under that law;
(b) the process ceases to be in force under subsection (6)(a);
or
(c) the expiry of 12 months after commencement,
whichever happens first, and may be served, dealt with, or executed,
under the law in force immediately before commencement which continues to apply
to and in respect of the process.
(2) If —
(a) on commencement a copy of a writ of fieri facias is in the
Register maintained under the Transfer of Land Act 1893, having been
served on the Registrar and entered in that Register under section 133 of
that Act; or
(b) after commencement a copy of a writ of fieri facias is entered
in that Register under section 133 of that Act, having been served on the
Registrar under that section,
then —
(c) despite subsection (1) the Transfer of Land Act 1893
section 133 (as inserted by this Act) applies to and in respect of the writ
as if the writ were a property (seizure and sale) order that had
been —
(i) issued under the Civil Judgments Enforcement Act 2004;
and
(ii) registered under the Transfer of Land Act 1893
section 133 (as inserted by this Act) at the time when the copy of the writ
was so served;
(d) if the sale period referred to in the Transfer of Land
Act 1893 section 133 (as inserted by this Act) in respect of the
writ expires at a time after the writ ceases to be in force under the law in
force immediately before commencement, the writ is to be taken to remain in
force until the sale period expires, despite that law; and
(e) subject to paragraphs (c) and (d), subsection (1) applies to
and in respect of the writ.
(3) In subsection (2), a reference to a writ of fieri facias
includes a reference to a warrant of execution issued out of a Local Court under
the Local Courts Act 1904.
(4) If immediately before commencement any enforcement process is in force
but unexecuted, the person for whose benefit the process was issued may apply
for an order under the Civil Judgments Enforcement Act 2004 to
enforce the judgment or order.
(5) No court fee shall be payable on making an application under
subsection (4) for an order under the Civil Judgments Enforcement
Act 2004.
(6) If on an application made under subsection (4) an order is made
under the Civil Judgments Enforcement Act 2004 —
(a) the unexecuted process referred to in subsection (4) ceases to be
in force; and
(b) the order made under the Civil Judgments Enforcement Act 2004
has the same priority as the unexecuted process referred to in
subsection (4) has immediately before it ceases to be in force under
paragraph (a).
147. Existing bailiffs and their
assistants, termination of appointment etc.
(1) On commencement the following offices are abolished and the persons
holding them cease to do so —
(a) a bailiff appointed under the District Court of Western Australia
Act 1969 section 28(1);
(b) a person appointed under the District Court of Western Australia
Act 1969 section 28(2) by a bailiff to assist the bailiff;
(c) a bailiff appointed under the Local Courts Act 1904 section
16;
(d) a person appointed under the Local Courts Act 1904 section 16
by a bailiff to assist the bailiff.
(2) If immediately before commencement a person who is not a police
officer is a bailiff appointed under the Local Courts Act 1904 section
16, then on commencement the person is entitled to be appointed as a bailiff
under the Civil Judgments Enforcement Act 2004 section 107 for a
term of 5 years as from commencement.
(3) If immediately before commencement a person who is a police officer
is —
(a) a bailiff appointed under the District Court of Western Australia
Act 1969 section 28(1); or
(b) a bailiff appointed under the Local Courts Act 1904 section
16,
then on commencement the person is taken to have been appointed as a
bailiff under the Civil Judgments Enforcement Act 2004 section
107.
Division 2 — General
(1) If this Act does not provide sufficiently for a matter or issue of a
transitional nature that arises as a result of the repeal or amendment of any
Act by this Act and the coming into operation of any of the Acts referred to in
section 3, the Governor may make regulations prescribing all matters that
are required, necessary or convenient to be prescribed for providing for the
matter or issue.
(2) Regulations made under subsection (1) may be expressed to have
effect before the day on which they are published in the
Gazette.
(3) To the extent that a provision of regulations made under
subsection (1) has effect before the day on which it is published in the
Gazette, it does not —
(a) affect in a manner prejudicial to any person (other than the State or
an agency of the State) the rights of that person existing before the day of
publication; or
(b) impose liabilities on any person (other than the State or an agency of
the State) in respect of anything done or omitted to be done before the day of
publication.
”.
4 The Limitation Legislation Amendment and Repeal
Act 2005 s. 10(2) reads as follows:
“
10. Section 37
amended and a savings provision
(2) The District Court of Western Australia Act 1969
section 37, as it was immediately before commencement day, continues to
apply to causes of action that accrued before commencement day as if
subsection (1) had not been enacted.
”.
5 On the date as at which this compilation was prepared, the
State Superannuation (Transitional and Consequential Provisions)
Act 2000 s. 75 had not come into operation. It reads as
follows:
“
75. Various provisions repealed
The provisions listed in the Table to this section are
repealed.
Table of provisions repealed
|
Act |
Provision |
|---|---|
|
........................................................... |
......... |
|
s. 15 |
|
|
........................................................... |
......... |
”.
Defined
Terms
[This is a list of terms defined and
the provisions where they are defined. The list is not part of the
law.]
Defined
Term Provision(s)
action 6(1)
Australian
lawyer 6(1)
auxiliary District Court
judge 6(1)
cause 6(1)
defendant 6(1)
District Court
judge 6(1)
judgment 6(1)
jurisdiction 6(1)
jurisdictional
limit 6(1)
legal experience 6(2)
legal
practitioner 6(1)
matter 6(1)
party 6(1)
plaintiff 6(1)
practice and
procedure 6(1)
registrar 6(1)
section 6(1)
sheriff 6(1)
the Chief
Judge 6(1)
the Court 6(1)