Western Australian Consolidated Regulations

DISTRICT COURT RULES 2005 - REG 5

5 .         Application of these rules

        (1)         These rules apply to and in respect of every case other than a case —

            (a)         that was commenced by writ before 30 May 2005; and

            (b)         in which an appearance was entered before 30 May 2005.

        (2)         If a case is one to which these rules do not apply by virtue of subrule (1) —

            (a)         the District Court Rules 1996  ³ apply to and in respect of it, despite rule 72; and

            (b)         the Court may at any time order that these rules apply to and in respect of it, despite subrule (1).

        (3)         If an order is made under subrule (2)(b) in respect of a case, then, subject to the order, the District Court Rules 1996  ³ cease to apply to and in respect of the case.

        (4)         Despite subrules (1) and (2), Part 8 applies to and in respect of any case in which there is a judgment, as that term is defined in the Civil Judgments Enforcement Act 2004 , that may be enforced under that Act.

        [Rule 5 inserted in Gazette 23 Dec 2005 p. 6271.]