Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In this
section —
superior court means the District Court or the
Supreme Court.
(2) A party to a case
in the Court may apply to a superior court for an order that all or a part of
the case be transferred to the superior court.
(3) The application
must be made in accordance with rules of court that apply in the superior
court.
(4) The superior court
may make such an order if it is satisfied that all or a part of the case is
within its jurisdiction and —
(a)
involves a claim by the claimant or another party, or an issue, that is
outside the Magistrates Court’s jurisdiction; or
(b)
should be dealt with by the superior court because of its complexity or
because of a question of law involved.
(5) A superior court
that makes an order under subsection (4) may also make any other
necessary orders including orders as to —
(a) the
registry of the superior court in which the case is to be conducted; and
(b) the
payment of fees in the superior court; and
(c) the
costs in the case in relation to proceedings in the Magistrates Court.
(6) On receiving an
order made under subsection (4) a registrar of the Magistrates Court is
to send the Court’s file to the superior court.
(7) If an order is
made under subsection (4) the superior court is to deal with the case as
if it had been commenced in that court.