Western Australian Consolidated Regulations

DISTRICT COURT RULES 2005 - REG 3

3 .         Terms used

                In these rules, unless the contrary intention appears —

        address for service has a meaning affected by rule 17;

        audio link has the meaning given to that term by the Evidence Act 1906 section 120;

        case means any proceeding in the Court involving or in connection with the Court’s civil or appellate jurisdiction, irrespective of how it was commenced;

        file a document, means to file it at the relevant registry together with any fee required to be paid under the District Court (Fees) Regulations 2002 ;

        file and serve has the meaning given by rule  4;

        Form , if followed by a number, means the form of that number in Schedule 1;

        judge means a District Court judge;

        lawyer means a certificated practitioner within the meaning of the Legal Practice Act 2003  ² ;

        lay registrar means a registrar who is not a legally qualified registrar;

        legally qualified registrar means a registrar who is or has been a legal practitioner within the meaning of the Legal Practice Act 2003  ² ;

        personal injuries action means an action in which a claim is made in respect of —

            (a)         a person’s personal injuries (including any illness suffered by him or her and any impairment of his or her physical or mental condition); or

            (b)         a person’s death;

        record means any thing or process —

            (a)         on or by which information is recorded or stored; or

            (b)         by means of which a meaning can be conveyed by any means in a visible or recoverable form,

        whether or not the use or assistance of some electronic, electrical, mechanical, chemical or other device or process is required to recover or convey the information or meaning;

        registry means a registry of the Court;

        relevant registry to a case, means the registry of the Court where the documents relating to the case are being held;

        RSC means the Rules of the Supreme Court 1971 ;

        rules of court means these rules and, where applicable, the RSC;

        serve means to serve in accordance with rule 21;

        settle a case, includes to compromise the case;

        video link has the meaning given to that term by the Evidence Act 1906 section 120;

        working day means a day other than a Saturday, a Sunday, or a public holiday throughout the State.