Western Australian Consolidated Acts

MAGISTRATES COURT (CIVIL PROCEEDINGS) ACT 2004 - SECT 19

19 .         Default by party, Court’s powers to deal with

        (1)         This section does not apply to a failure to comply with the judgment of the Court in a case or any order made in or as a consequence of the judgment.

        (2)         If a party does not comply with this Act, rules of court, or an order or direction made by the Court, the Court may —

            (a)         order the party to pay the costs occasioned by the non-compliance irrespective of whether the party ultimately succeeds in the case; or

            (b)         give judgment against the party without a trial.

        (3)         The Court may set aside a judgment given under subsection (2) and may do so on conditions as to the payment of costs or as to other matters.