Western Australian Consolidated Regulations

INDUSTRIAL MAGISTRATES COURTS (GENERAL JURISDICTION) REGULATIONS 2005 - REG 4

4 .         Terms used in these regulations

                In these regulations, unless the contrary intention appears —

        application means an application made under Part 10;

        approved form means the form approved by the Chief Magistrate;

        case means any proceedings in a Court involving or in connection with the Court’s general jurisdiction as defined in the Act section 81CA(1);

        Chief Magistrate means the Chief Magistrate appointed under the Magistrates Court Act 2004 Schedule 1 clause 6(1) or a person who under Schedule 1 clause 8(2) of that Act is performing the functions of the Chief Magistrate;

        claim means a claim made to a Court by a party (whether a claimant, a defendant or another party);

        claimant means a person who commences a case;

        corporation has the meaning given by section 57A of the Corporations Act 2001 of the Commonwealth;

        counterclaim means a claim made by a respondent against a claimant including a claim for set‑off;

        Court means an industrial magistrate’s court;

        deal with includes to hear and determine;

        default judgment means a judgment without trial given against a party for a failure by the party to comply with the Act, these regulations or an order made by the Court, and includes a dismissal of a claim for want of service without consideration of its merits;

        document means any record that is or is capable of being put on paper;

        judgment includes an order under the Act section 83E imposing a penalty;

        lodge has the meaning affected by regulation 43;

        officer , of a corporation, has the meaning given by section 9 of the Corporations Act 2001 of the Commonwealth;

        order includes a direction;

        originating claim means a claim that commences a case;

        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);

        pre‑trial conference means a conference held under Part 4;

        public authority means an employing authority as defined in the Public Sector Management Act 1994 section 5;

        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;

        representative , in relation to a party, means the legal practitioner or agent representing the party;

        respondent means a party against which a claim is made by the claimant;

        response means a response made under regulation 14 to a claim;

        serve has a meaning affected by regulation 50;

        settle , in relation to a case, includes to accept an offer to consent to judgment, and to compromise;

        third party means a party against which a third party claim is made;

        third party claim means a claim made by a respondent against a party other than the claimant relating to the claim against the respondent;

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