District Court Rules 2005

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 (rule 3). This broad definition captures everything from writ actions to originating summonses and appeals.

ECMS (Electronic Case Management System) is the system used for the management of proceedings in Western Australian courts and tribunals. A person authorised to use it is a “registered user” (rule 3). Legal practitioners must file documents electronically via the ECMS unless an exception applies - for example, if the system is unavailable or the document cannot be filed electronically, or if the registrar permits alternative filing (rule 20(1A)).

Legally qualified registrar and lay registrar are distinguished. A legally qualified registrar is a registrar who is or has been a lawyer (rule 3). They have broad jurisdiction to deal with any proceedings a judge may deal with in chambers, subject to exceptions such as reviews of taxation of costs or certain originating summonses raising questions of law or construction (rule 8(1)). A lay registrar may conduct case management hearings, pre-trial conferences and listing conferences, and may settle and seal consent orders (rule 8(2)).

Case management direction is defined by rule 24. It is any procedural direction that the Court considers just to facilitate a case being conducted and concluded efficiently, economically and expeditiously. Examples include dispensing with pleadings, directing mediation, regulating the use of technology at trial, requiring exchange of witness statements, and ordering that an application operate as a stay. Importantly, case management directions cannot order attachment or committal (rule 24(3)).

Enforcement order is a subset of orders defined by rule 25. It includes orders as to payment of costs, indemnity costs payable within 14 days, self-executing orders for judgment or striking out, and orders under RSC Order 66 rule 5 (which deals with payment of costs at trial). Enforcement orders are intended to have immediate coercive effect, but they are not enforceable by writ of attachment or committal (rule 24(4)).

Inactive Cases List is a list of inactive cases kept by the Court (rule 43A). Cases become inactive either by non-compliance with a Notice of Default for entry for trial (rule 44), by no document being filed for 12 months (rule 44A), or by a springing order (rule 44C). Once on the list, only limited documents can be filed, including entry for trial, consent orders finalising the case, and applications for removal (rule 44E). After six continuous months, the case is taken to have been dismissed for want of prosecution (rule 44G).

Personal injuries action is defined as an action with a claim in respect of a person’s personal injuries (including illness or impairment of physical or mental condition) or death (rule 3). The rules impose special obligations for such cases, including detailed particulars of damages (rule 45C(3)), automatic discovery of income tax returns for specified years (rule 46(2a)), and relaxed leave requirements for interrogatories in specified categories (rule 47(3)).

Appealable decision means an award, determination, finding, judgment or other decision that by virtue of a written law may be appealed to the District Court, but not a decision of a registrar (rule 49). Appeals are by way of reconsideration of the evidence before the primary court unless the parties agree otherwise (rule 50(1)). New evidence is not admissible except with leave on special grounds (rule 50(2)-(3)).

The rules affect every person or entity engaged in civil or appellate proceedings in the District Court of Western Australia. This includes plaintiffs, defendants, appellants, respondents, third parties, and any other parties to a case. They also directly affect legal practitioners, who bear specific obligations: for example, a legal practitioner must notify their client in writing of approximate legal costs and estimated trial costs before entering a case for trial (rule 36(1)), and must attend certain hearings personally rather than send a clerk (rule 38B(3)).

Registrars are key actors. Legally qualified registrars and lay registrars exercise delegated judicial functions: they conduct case management hearings, pre-trial conferences, listing conferences, hear applications under the Inactive Cases List regime, and deal with many enforcement-related applications. The rules also grant registrars powers to issue summonses, take accounts, calculate interest and certify amounts (rules 9, 10, 13).

Subpoena addressees are affected: any person or corporation served with a subpoena to give evidence or produce documents must comply or risk contempt (r. 48AA-48AI). Special protections apply to health professionals and hospitals when subpoenaed in personal injuries actions: they must receive a notice and declaration in Form 4D, and documents containing health information of the plaintiff cannot be inspected by other parties for seven days after the production date (r. 48AF).

Appeals to the District Court bring in primary courts, tribunals, and persons or bodies whose decisions are appealable. The primary court must supply records to the District Court once given notice of the appeal (rule 52). Respondents who fail to file a Notice of Respondent’s Intention within 21 days are excluded from participating (rule 53(6)).

Creditors and debtors involved in enforcement of judgments are affected by Part 8, which permits registrars to deal with applications under the Civil Judgments Enforcement Act 2004, including conduct of means inquiries (rule 63). Parties to proceedings under the Misuse of Drugs Act 1981 (for forfeiture applications) and the Prohibited Behaviour Orders Act 2010 are governed by Parts 9 and 10A respectively.

Finally, any person or corporation that files documents in the Court is affected by the mandatory electronic filing requirements. Legal practitioners must be registered users and file electronically unless an exception applies (rule 20(1A)). Even parties representing themselves are subject to the same rules, though they may not need to be registered users.

Parties to a case commenced by writ have a duty to comply with a strict timetable. The plaintiff must enter the case for trial within 120 days after the date the first defence is filed (rule 37(1)). Failure triggers a Notice of Default (Form 2) from the registry, and if the plaintiff does not then enter within at least 14 days, the case becomes inactive (rule 44). Any party other than the plaintiff may then enter the case for trial (rule 38(2)).

Before entering for trial, the plaintiff must file and serve an Entry for Trial (Form 1) certifying that discovery is complete, interlocutory orders complied with, and Part 4A obligations met (see Form 1). The certificate also requires confirmation that the legal practitioner has given the client a written notice of legal costs (rule 36(1)).

Parties to a case have a duty to attend case management hearings, pre-trial conferences and listing conferences in person (or by authorised agent for corporations) unless the Court orders otherwise (rules 34, 40(1), 43). At a pre-trial conference, parties must in good faith attempt to settle or at least narrow the issues (rule 40(3)). They must also exchange medical reports and other expert evidence within specified times - for medical reports, before entry for trial or as soon as practicable after (rule 47E(5)).

A key right is the ability to appeal a registrar’s decision to a judge. The appeal must be commenced within 10 days by filing Form 6A (rule 15). It is a new hearing of the matter, and does not operate as a stay unless a judge or registrar orders otherwise (rule 15(5)-(6)).

Parties also have the right to apply to remove a case from the Inactive Cases List by filing an Entry for Trial, a consent order finalising the case, or applying for an order on the ground that the case will be conducted in a timely way (rule 44F).

In relation to appeals to the Court, the appellant has the duty to file an Appeal Notice (Form 6 or Form 8A for WCIMA appeals) within 21 days of the appealable decision, together with required affidavits if an extension of time is needed (rules 51, 51A). The appellant must serve the notice on the respondent personally or by post to prison if applicable (rule 51(4)).

Document disclosure duties are set out: each party to a writ action must give discovery of all documents relating to any matter in question within 60 days after the first defence is filed (rule 46). Discovery may be by informal list with consent, otherwise by affidavit.

The rules contain several mechanisms to enforce compliance without relying on contempt or attachment. The most significant is the Inactive Cases List. A case that remains on that list for six continuous months is taken to have been dismissed for want of prosecution (rule 44G(1)). The Court may set aside such a dismissal only in exceptional circumstances (rule 44G(5)).

Enforcement orders (rule 25) - such as orders for payment of costs within 14 days or self-executing orders for judgment - provide a more direct sanction. For example, a case management direction can include a springing order that if the direction is not complied with by a stated date, the case is taken to be inactive (rule 44C). Such an order takes effect automatically unless countermanded before it has effect.

Non-compliance with a subpoena is a contempt of court and may result in arrest. The subpoena forms explicitly warn addressees of this (see Forms 4A, 4B, 4C, 4D, 4E). Failure by an addressee to attend or produce documents without lawful excuse can be dealt with accordingly.

Costs sanctions are prevalent. The Court may order costs against a party who fails to attend a conference or cooperate in mediation (rule 35(8)(b)). If a plaintiff discontinues an appeal under rule 58(1), they must pay the respondent’s costs unless the parties agree otherwise (rule 58(5)). In appeals, the Court has discretion as to costs and may fix the amount (rule 59).

The rules also provide for dismissal for want of prosecution in appeals: if the fee for allocation of a hearing date is not paid within 14 days after the date is set, the Court will not hear the appeal on that date, and a registrar may dismiss the appeal for want of prosecution (rule 56A).

A party who fails to file a Respondent’s Intention (Form 8) within 21 days loses the right to be heard in the appeal (rule 53(6)). That is a severe procedural penalty.

Case management directions themselves are not enforceable by writ of attachment or committal (rule 24(4)). However, the Court may make enforcement orders, and non-compliance with a direction can attract other sanctions, including costs, being placed on the Inactive Cases List, or being debarred from adducing evidence. For example, a party that does not comply with the requirement to serve expert reports cannot tender that evidence at trial except with leave (rules 45E(6), 47E(8), 47F(3)). Similarly, a party that fails to serve a list of witnesses cannot call those witnesses without leave (rule 45I(2)).

The RSC apply to every case in the District Court, but these rules modify or displace many RSC provisions. For example, RSC Order 4A (case management) is disapplied (rule 29). RSC Order 21 (amendment of pleadings) is modified: after a certificate is tendered under rule 43(3A)(a) or the case is listed for trial, amendment requires leave (rule 48A(2)). RSC Order 26 (discovery) is modified to impose automatic discovery within 60 days in writ actions (rule 46). RSC Order 27 (interrogatories) is modified to allow service without leave in certain personal injuries cases (rule 47(3)). RSC Order 28 (medical examination) is modified to include additional health professional categories (rule 47A). RSC Order 36A (expert evidence) does not apply; Part 5A replaces it (rule 47C). RSC Order 36B (subpoenas) is heavily modified in Part 5BA, including prohibiting subpoenas that require both attendance and production, prescribing specific forms, and imposing compliance options via ECMS (rules 48AA-48AI).

The Civil Judgments Enforcement Act 2004 is given effect through Part 8. Registrars may deal with applications under that Act, conduct means inquiries, and exercise powers conferred on the Court by that Act (rule 63). Any review of a registrar’s decision under that Act follows the same procedure as appeals from registrars under Part 2 Division 3 (rule 64).

The Misuse of Drugs Act 1981 Part 9 sets out procedures for applications under section 28(3)(b) relating to forfeiture. Applications are made by notice of motion, supported by affidavit, and must be returnable before a judge in open court at least 21 days after filing unless the respondent consents to earlier hearing (rule 66). The DPP is the respondent in claims by a claimant; otherwise, any claimant is respondent (rule 65).

The Prohibited Behaviour Orders Act 2010 is addressed in Part 10A. It prescribes the form and content of applications for a PBO (Form 4) and applications to vary or cancel a PBO (Form 5). The prosecutor must complete and submit the form to the registry, then give it to the sentencing judge and the respondent at the sentencing hearing (rule 71B). The rules also require a supporting affidavit within 14 days, and give the respondent 21 days to file and serve an affidavit in response (rule 71D).

The Restraining Orders Act 1997 is dealt with by rule 3A, which prescribes that the forms set out in the Magistrates Court (Civil Proceedings) Rules 2005 Schedule 1 apply with necessary changes.

The Workers Compensation and Injury Management Act 2023 is referenced in Part 6 for WCIMA appeals. The appellant must file a Form 8A, stating the question of law, the alleged error, and the decision sought (rule 51(4A)-(4B)). At the directions hearing, a registrar may grant leave under section 391(1) of that Act (rule 55(2)).

Finally, the rules interact with the Evidence Act 1906 by adopting its definitions of “audio link” and “video link” (rule 3). The rules also adopt the Oaths, Affidavits and Statutory Declarations Act 2005 for affidavit requirements (see Form 1A notes).

The District Court Rules 2005 commenced on 30 May 2005. They have been amended many times since. The compilation table lists amendments in 2005, 2007, 2010, 2011 (three sets), 2013 (two sets), 2016, 2018 (two sets), 2019, 2020, 2021, 2022, 2023, 2024 (two sets), and 2025.

Key amendments include the 2007 amendments that rewrote Part 4 (case management) and introduced new pre-trial obligations including outlines of submissions, particulars of damages, and expert evidence rules. The 2011 amendments (No. 2) introduced the Inactive Cases List regime (rules 43A-44G) and the springing order mechanism, as well as changes to appeals (new rule 51A setting 21-day appeal time). The 2013 amendments redrafted many forms, introduced Part 5BA (subpoenas), and modified Part 4 to clarify the case management hearing process and the consequences of failure to enter for trial.

The 2018 amendments (No. 2) replaced Part 5A entirely with a new expert evidence regime, deleted RSC Order 36A application, and added rules 47B-47I. That same set of amendments also inserted rule 38A (no interlocutory applications after entry for trial without leave) and rule 38B (countermanding entry for trial).

The 2022 amendments updated service provisions and references to the Legal Profession Uniform Law Application Act 2022. The 2023 amendments added provisions for filing via ECMS, modified compliance options for subpoenas to produce, and inserted rule 48AI (non-disclosure of produced documents). The 2024 amendments updated references to the Workers Compensation and Injury Management Act 2023. The 2025 amendments (SL 2025/148) made changes to forms, including a new Form 1B (originating summons) and modifications to appeal forms.

The current compilation is as at 19 August 2025, incorporating all amendments.

The rules themselves do not cite specific case law, but several provisions anticipate and structure litigation outcomes. The appeal provisions (Part 6) are the primary avenue for challenging decisions of lower courts and tribunals. Appeals are by way of reconsideration of the evidence, not trial de novo, and the Court may grant leave to adduce new evidence only on special grounds (rule 50). This provision encourages finality and limits re-litigation.

The rules empower the Court to dismiss an appeal for want of prosecution if the hearing fee is not paid within 14 days (rule 56A). That power is exercised by a registrar, and the rules provide that the dismissal is subject to the Court’s power to set aside in exceptional circumstances only for cases dismissed under rule 44G (rule 44G(5)).

The powers of the Court to strike out grounds of appeal, order a stay, consolidate appeals, or admit evidence in affidavit form are set out in rule 57. Applications for orders in an appeal must be made by Form 9 and accompanied by an affidavit explaining why the order is wanted (rule 58A).

The rules also provide for consent orders (Form 10) and discontinuance (Form 11). Discontinuance without leave is available if no respondent has filed an answer seeking variation or cross-appeal; if a cross-appeal exists, the appellant may discontinue only with the respondent’s consent (rule 58(1)-(2)). Costs consequences follow automatically.

Although the rules do not mention any reported decisions, the provisions on discovery, interrogatories, and expert evidence are likely to be the subject of case law. The rules modify RSC Order 26 to require automatic discovery within 60 days, but the Court may make case management directions that dispense with discovery (rule 24(2)(c)). Similarly, the rules allow interrogatories without leave in personal injuries cases for limited categories (rule 47(3)).

The pre-trial procedures have been designed to force early settlement and narrow issues. The requirement that a legal practitioner certify that they are satisfied with the pleadings (rule 43(3A)) and that parties have made reasonable efforts to reach agreement on facts and expert reports (rule 43(3)(i)) may lead to contested applications if the certificate is not given.

A common trap is the requirement to enter a case for trial within 120 days after the first defence is filed (rule 37(1)). Failure triggers a Notice of Default; if the plaintiff does not then enter within the stipulated period, the case becomes inactive (rule 44). Once inactive, only a limited set of documents can be filed (rule 44E), and the case will be dismissed automatically after six months (rule 44G). Practitioners must diarise this deadline carefully.

Another trap: a party who enters a case for trial must certify that they have complied with Part 5A (expert evidence). If they have not, the certification is false and the expert evidence may be inadmissible. The rules explicitly provide that expert evidence cannot be adduced at trial unless the report has been served in time or the Court has granted leave (rule 47E(8), 47F(3)).

The requirement to file an outline of submissions 42 days before trial (for plaintiff) and 28 days before trial (for defendant) (rule 45H(1)) is strict. The outline must not exceed 10 pages and must be in a specific format. A failure to file on time may result in the Court refusing to hear submissions.

In appeals, the 21-day time limit to commence the appeal (rule 51A) is unforgiving. If an extension is needed, the Form 6 must be accompanied by an affidavit explaining the delay (rule 51(2)). The respondent must file a Notice of Respondent’s Intention within 21 days of service, or they cannot take part (rule 53(6)).

Subpoena compliance can be tricky. Rule 48AA prohibits subpoenas that require both attendance and production - the issuing party must choose one. Subpoenas to produce must use the correct form (Form 4C) and include the appropriate notice and declaration (Form 4D for health professionals, Form 4E for others). If the addressee is a health professional, there is a seven-day delay before other parties can inspect the documents (rule 48AF). The issuing party must pay $80 with service unless the Court orders otherwise (rule 48AH).

A party may not file a chambers summons without first conferring with the other party about the issues (rule 22). The summons must include a certificate that the parties have conferred and not resolved the issues, or reasons why they have not conferred. Failure to comply may result in the summons not being accepted or being struck out.

Civil judgment enforcement applications may be dealt with by a registrar (rule 63), but any review of a registrar’s decision follows the appeal from registrar procedure under Part 2 Division 3 (rule 64). That means a dissatisfied party must appeal within 10 days using Form 6A (rule 15).

First, ensure that the case is properly commenced and that the correct originating process is used. For actions commenced by writ, the plaintiff must file a writ and statement of claim; for other applications, an originating summons (Form 1B) may be used (rule 22B, Form 1B). Service must be in accordance with rule 21 and RSC Order 9.

Legal practitioners must become registered users of the ECMS and file all documents electronically unless an exception applies (rule 20(1A)). Documents that require a signature by a person not acting for the filer (other than an affidavit) cannot be filed electronically (rule 20(2)). Affidavits filed electronically must either include the scanned signatures or comply with the alternative procedure (rule 20(4)).

Immediately after the first defence is filed, diarise the following deadlines:

• Discovery within 60 days (rule 46(4)).
• Particulars of damages within 60 days (rule 45C(2)).
• For building/engineering contract claims, apply for a Scott Schedule within 75 days (rule 45D(3)-(4)).
• Entry for trial within 120 days (rule 37(1)).

Before entering for trial, the legal practitioner must give the client written notice of costs (rule 36(1)). The Entry for Trial (Form 1) must be filed and served, certifying compliance with many pre-trial obligations.

If the case is entered for trial, within 14 days any other party may apply to countermand the entry (rule 38B). The applicant must attend personally or by a conversant practitioner. If no successful application is made, the party is taken to be ready for trial (rule 38B(6)).

At least 42 days before trial, the plaintiff must file and serve the papers for the judge (rule 45F). At least 42 days before trial (plaintiff) and 28 days before trial (defendant), each party must file and serve an Outline of Submissions (rule 45H). At least 14 days before trial (plaintiff) or 7 days before trial (others) before a listing conference, parties must file an index of expert witness reports (rule 45E(3)). At least 7 days before trial, parties must file and serve a list of witnesses (rule 45I).

Parties must attend the pre-trial conference in person (or by authorised agent for corporations) and attempt to settle or narrow issues (rule 40(1), (3)). If the case is not settled, the presiding officer may list it for trial or order a listing conference.

For appeals, the appellant must commence within 21 days (rule 51A) by filing Form 6 (or Form 8A for WCIMA appeals). The appeal notice must specify grounds with particulars, not just allege the decision is against the weight of evidence (rule 51(3)). The appellant must serve the notice personally (or by post to prison) and file a Service Certificate (Form 7) (rules 51(4), (7)). The respondent must file a Form 8 within 21 days to take part (rule 53).

Finally, practitioners must monitor the Inactive Cases List. If a case becomes inactive, the only way to revive it is to file an Entry for Trial, a consent order finalising the case, or a summons for removal (rule 44F). If six months pass, the case is automatically dismissed (rule 44G).