Western Australian Consolidated Regulations

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MAGISTRATES COURT (MINOR CASES PROCEDURE) RULES 2005 - REG 25

25 .         If there is a counterclaim that is not a minor case

        (1)         If there is a counterclaim that is not a minor case, the registrar must determine whether or not you and the other parties consent to it being dealt with under these rules.

        (2)         If the parties do not consent to the counterclaim being dealt with under these rules, the registrar must —

            (a)         list the case for a hearing before the Court for it to determine what part of the case, if any, is to be dealt with under these rules; and

            (b)         notify you and the other parties in writing of the hearing date.

        (3)         If the Court determines that part of the case is to be dealt with under these rules, it will list the case for a further pre‑trial conference.

        (4)         The registrar must notify you and the other parties in writing of the listing.



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