Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In this Act,
unless the contrary intention appears —
applicable costs determination , for any
proceedings in the Court, means the legal costs determination in force under
the Legal Profession Act 2008 section 275 that applies to the
proceedings;
case means any proceedings in the Court involving
or in connection with the Court’s civil jurisdiction;
case management power means any of the powers
conferred on the Court by sections 15 to 20;
case statement means a statement of a
party’s claim, or of a party’s defence, whether as originally
lodged with the Court or as amended or as supplemented by additional
information given voluntarily or as ordered by the Court;
claim means a claim made to the Court by a party
(whether a claimant, a defendant or another party);
claimant means a person who commences a case;
consumer/trader claim has the meaning given by
section 7(3);
corporation has the meaning given by
section 57A of the Corporations Act 2001 of the Commonwealth;
Court means the Magistrates Court;
defence means a defence by a party (whether a
claimant, a defendant or another party) to a claim or counterclaim;
legal practitioner means an Australian legal
practitioner within the meaning of that term in the
Legal Profession Act 2008 section 3;
magistrate means a magistrate of the Court;
minor case has the meaning given by
section 26;
minor cases jurisdictional limit means $7 500
and, on and after 1 January 2009, means $10 000;
minor cases procedure means the procedure
prescribed by Part 4 and the rules of court made for the purposes of
Part 4;
officer , of a corporation, has the meaning given
by section 9 of the Corporations Act 2001 of the Commonwealth;
party means a party to a case;
person under a legal disability means —
(a) a
person under 18 years of age; or
(b) a
represented person as defined by the Guardianship and Administration
Act 1990 section 3(1);
public authority means —
(a) a
Minister of the Crown; or
(b) a
department of the Public Service; or
(c) a
local government or regional local government; or
(d) a
body, whether incorporated or not, that is established for a public purpose
under a written law and that, under the authority of a written law, performs a
statutory function on behalf of the State; or
(e) the
State of Western Australia;
rules of court means rules of court made by the
Magistrates Court under the Magistrates Court Act 2004 for the purposes
of this Act;
settle , in relation to a case, includes to accept
money paid into court, to accept an offer to consent to judgment, and to
compromise.
(2) Unless the
contrary intention appears, a term used in this Act has the same meaning as it
has in the Magistrates Court Act 2004.
[Section 3 amended by No. 5 of 2008
s. 74; No. 21 of 2008 s. 678(2).]