Western Australian Consolidated Regulations

MAGISTRATES COURT (CIVIL PROCEEDINGS) RULES 2005 - REG 4

4 .         Terms used

                In these rules, unless the contrary intention appears —

        application means an application made under Part 18;

        approved form means the form approved by the Chief Magistrate;

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

        default judgment means a judgment given under the Act section 19(2)(b), and includes a dismissal of a claim for want of service without consideration of its merits;

        defendant means a party against which a claim is made by a claimant;

        enforcement officer has the meaning given to that term in the Civil Judgments Enforcement Act 2004 section 3;

        listing conference means a conference held under Part 10;

        lodge has the meaning affected by rule 95;

        order includes a direction;

        originating claim means a claim that commences a case;

        partnership means —

            (a)         a partnership as defined in the   Partnership Act 1895 section 7;

            (b)         an unincorporated company or association formed for the purposes of gain; or

            (c)         3 or more persons who otherwise have a joint or several interest or liability in a case;

        personal service has a meaning corresponding with the meaning of serve personally ;

        pre‑trial conference means a conference held under Part 9;

        Public Trustee means the Public Trustee under the Public Trustee Act 1941 ;

        registrar does not include a deputy registrar;

        response means a response made under rule 9 to a claim;

        serve has a meaning affected by rule 100;

        serve personally , in relation to a document, means to serve the document in accordance with Part 17 Division 2;

        successful party , in relation to a costs order, means the party in whose favour the order is made;

        the Act means the Magistrates Court (Civil Proceedings) Act 2004 ;

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

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

        trial date means the first day of the trial;

        unsuccessful party , in relation to a costs order, means a party against which the order is made;

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

        [Rule 4 amended in Gazette 24 Aug 2007 p. 4328; 3 Jun 2008 p. 2123.]