Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In this Act,
unless the contrary intention appears —
action means a civil proceeding commenced by writ
or in such other manner as is prescribed by rules of court and includes suit
but does not include any criminal proceeding;
Australian lawyer has the meaning given in the
Legal Profession Act 2008 ;
auxiliary District Court judge means an auxiliary
District Court judge appointed under section 18A(1);
cause includes any action, suit or other original
proceeding between a plaintiff and a defendant and any criminal proceeding;
defendant includes every person served with any
writ of summons or process, or served with notice of, or entitled to attend, a
civil proceeding;
District Court judge means a judge of the Court,
acting judge of the Court or auxiliary District Court judge;
judgment includes a judgment, order or other
decision or determination of the Court or a District Court judge;
jurisdiction includes all powers and authorities
incidental to the exercise of jurisdiction;
jurisdictional limit means $500 000 and, on
and after 1 January 2009, means $750 000;
legal practitioner means an Australian legal
practitioner within the meaning of that term in the
Legal Profession Act 2008 section 3;
matter means a proceeding in the Court that is
commenced otherwise than by writ;
party includes a person served with notice of, or
attending a proceeding, although not named in the record;
plaintiff includes every person asking any relief
(otherwise than by way of counterclaim as a defendant) against any other
person by any form of proceeding;
practice and procedure includes matters relating
to costs, the method of pleading, the institution, conduct, trial or hearing
and adjudication in any proceeding, the attendance of witnesses, the custody
on bail of accused or convicted persons and the enforcement and execution of
judgments and all the jurisdiction and powers conferred and the matters
prescribed, provided for, or regulated by the rules of court;
registrar means the Principal Registrar, a
registrar, or a deputy registrar, appointed under section 25;
section means a section of this Act;
sheriff means the Sheriff of Western Australia and
any deputy sheriff appointed by the Sheriff of Western Australia;
the Chief Judge means the District Court
judge appointed the Chief Judge and includes a District Court judge appointed
to act in the office of Chief Judge under section 18(2a);
the Court means The District Court of Western
Australia established under this Act.
(2) For the purposes
of this Act, legal experience is —
(a)
standing and practice as a legal practitioner; or
[(b) deleted]
(c)
judicial service (including service as a judge of a court, a magistrate or
other judicial officer) in the State or elsewhere in a common law
jurisdiction; or
(d) a
combination of both kinds of legal experience defined in this subsection.
[Section 6 amended by No. 7 of 1982
s. 8; No. 122 of 1984 s. 6; No. 53 of 1992 s. 9(3);
No. 23 of 1997 s. 4; No. 57 of 1997 s. 48(1); No. 65
of 2003 s. 32(2), 111(2), (3), 125(2); No. 59 of 2004 s. 82(1)
and 85; No. 21 of 2008 s. 660(2) and (3).]