The regulations define several key terms in regulation 4. A ‘case’ means any proceedings in the court involving its general jurisdiction under section 81CA(1) of the Act. A ‘claim’ is a claim made to the court by any party (claimant, respondent, or other party), and an ‘originating claim’ is the claim that commences a case. A ‘counterclaim’ includes a set-off claim by a respondent against a claimant. A ‘response’ is the document required to be filed by a party against whom a claim is made. The ‘court’ is the Industrial Magistrate’s Court itself. The ‘clerk’ is a central administrative officer , not a judicial officer , who conducts pre-trial conferences and can make certain orders in complex or exceptional cases (regulation 19). ‘Pre-trial conference’ means a conference held under Part 4 (regulation 16A excludes CIPPLSL cases from this Part). ‘Default judgment’ is a judgment given without trial for a party’s failure to comply with the regulations or a court order, and it includes dismissal of a claim for want of service without considering its merits. A ‘person under a legal disability’ means a person under 18 years or a represented person under the Guardianship and Administration Act 1990. ‘CIPPLSL case’ is a special category: proceedings involving civil penalty provisions of the Construction Industry Portable Paid Long Service Leave Act 1985. There are distinct procedural rules for such cases, including a mandatory initial hearing (regulation 35A), a 28-day response period (regulation 14(3A)), and the originating claim cannot be served until the clerk records the date set for the initial hearing (regulation 13(2A)). The concept of ‘lodge’ is defined in regulation 43 as delivering a document to the court with the relevant fee from Schedule 1 Division 1. ‘Serve’ is defined in regulation 50 as serving a copy of the document that bears the court’s seal after lodgment, and generally it must be served on each other party unless the regulations say otherwise. ‘Working day’ excludes Saturdays, Sundays, and public holidays. The regulations also define ‘public authority’ by reference to the Public Sector Management Act 1994 and ‘corporation’ by reference to the Corporations Act 2001 (Cth) section 57A. ‘Officer of a corporation’ has the meaning in section 9 of that Commonwealth Act.

These regulations directly affect any person or entity who commences or is party to proceedings in the Industrial Magistrate’s Court in its general jurisdiction. That includes individual employees, employers, trade unions, employer organisations, public authorities (as defined in the Public Sector Management Act 1994), corporations, and construction industry bodies such as the CILSLP Board. Practitioners , legal practitioners and agents representing parties , are also affected because they must comply with the rules on representation (for example, regulation 52 requires a representative’s details on lodged documents, and regulation 57 requires that a representative’s email or fax for service be a business address, not a personal one). The court itself , the industrial magistrate and the clerk , are directly affected: the regulations impose duties on the court to ensure just, efficient, economical, and expeditious case handling (regulation 5), and on the clerk to conduct pre-trial conferences (regulation 18) and to perform certain managerial functions such as listing cases and giving orders for disclosure in complex matters. Witnesses are affected: a party may compel attendance via a witness summons (regulation 37), and the summons must be served personally with arrangements for expenses. Persons under a legal disability (minors and represented persons under the Guardianship and Administration Act 1990) are affected as parties: they may conduct a case in their own right unless the court appoints a litigation guardian (regulation 65), and settlements involving them require court approval (regulation 67). The CILSLP Board is specifically mentioned in service provisions for CIPPLSL cases: documents may be served at an address last known to the Board (regulations 53(3)(c), 54(2)(c)). Experts are affected: the court may refer a question to an expert for investigation and report (regulation 10), and that expert has delegated powers and is subject to the Magistrates Court Act 2004 section 37 regarding protection from liability. The court’s registry staff are affected by the lodging and service rules, as well as by the power of the clerk to refuse to accept documents (regulation 49) and the Chief Magistrate’s power to issue practice directions (regulation 72).

The regulations impose a central duty on the court to ensure that cases are dealt with justly, which includes efficiency, economy, speed, equal footing, and optimal use of judicial and administrative resources (regulation 5). The court may act on its own initiative, with or without allowing submissions or hearing the parties (regulation 6). The court has extensive case-management powers in regulation 7, including the power to extend or shorten time, adjourn, stay, consolidate, order separate trials, hold hearings by audio or video link, limit the time for examination or the number of witnesses, and exclude evidence that was deliberately not disclosed. The court may also make conditional orders under regulation 9 , for example, an order that will take effect unless the party complies within a specified time. Parties have the right to make a claim by lodging a court-approved form (regulation 13). A respondent has a duty to lodge a response within time limits: 21 days if the address for service is less than 1000 km from the registry, 28 days if more than 1000 km, and 28 days for CIPPLSL cases regardless of distance (regulation 14). If a party admits a claim in the response, the court may give judgment without a hearing (regulation 14(4)). A party may discontinue a claim by lodging and serving a notice of discontinuance (regulation 15). Parties must attend pre-trial conferences in person (regulation 20) and trial in person unless the court orders otherwise (regulation 36). At a pre-trial conference, the clerk must explain practice and procedure to an unrepresented party and assist settlement efforts (regulation 18). The clerk may order further and better particulars, outlines of cases, witness statements, and copies of records. In complex or exceptional cases, the clerk may order disclosure of documents, inspection of property, answers to interrogatories, or admission of facts (regulation 19). A party has a right to object to disclosing documents on grounds of privilege or inadmissibility (regulation 25), and to object to answering interrogatories on several grounds including irrelevance, harassment, or vexatiousness (regulation 31). A party served with a witness summons may apply to set it aside on grounds such as irrelevance or legal compulsion (regulation 38). A party may make an application for an order (other than a judgment after trial or a default judgment) by lodging a court-approved form with a supporting affidavit (regulation 61). A party who obtains a default judgment may apply within 14 days to have it set aside (regulation 41). A party objecting to a clerk’s decision may apply for review within 5 working days (regulation 73). The court may order costs only if the case was frivolously or vexatiously instituted or defended, except in cases under sections 77, 83, 83A, 83B, or 83E of the Act (regulation 11). The court may order interest on sums ordered to be paid, with special rules for section 83A (deemed penalty) where interest must be ordered unless good cause shown (regulation 12).

The regulations contain enforcement mechanisms primarily through default judgment and costs orders. Under regulation 8, if a party fails to comply with the regulations or a court order, the court may give default judgment against that party. Default judgment is defined as a judgment without trial given for such failure, and it includes dismissal of a claim for want of service without consideration of its merits (regulation 4). The court may act on its own initiative or on application (regulation 8(3A)). A default judgment may be set aside on any conditions the court thinks fit (regulation 8(3)). A party must apply to set aside within 14 days after the judgment was given (regulation 41(1)). After setting aside, the court must list the case for a pre-trial conference (for non-CIPPLSL cases) or for hearing (for CIPPLSL cases) (regulation 41(2)-(3)). Costs are a limited penalty. Regulation 11 provides that in cases other than those under sections 77, 83, 83A, 83B, or 83E of the Act, the court may order costs only if the case was frivolously or vexatiously instituted or defended. This is a significant constraint: a successful party cannot ordinarily recover costs just because they won. In cases under those sections, costs may be available on a different basis, but that is not specified in these regulations (it would be in the Act). The court may also order payment of interest on sums ordered to be paid. Under regulation 12, generally the court may order interest on the whole or part of the sum from when the cause of action arose to when the order is made, at the rate prescribed under the Civil Judgments Enforcement Act 2004 section 8(1)(a). For section 83A penalties, the court must order interest unless good cause shown, at such rate as it thinks fit, and may express it as a lump sum (regulation 12(4)-(5)). Interest cannot be ordered on costs or any penalty other than a deemed penalty under section 83A. The regulations do not set out enforcement of final judgments , that would be governed by the Civil Judgments Enforcement Act 2004 and the Industrial Relations Act. However, the transition provision in regulation 74(3) provides that final orders under the repealed 2000 regulations are enforceable as if they were judgments under these regulations. The clerk’s refusal to accept a document (regulation 49) effectively prevents the document from being lodged, which can be a procedural barrier. The court’s power to refuse to admit undisclosed evidence (regulation 7(p)) operates as an implicit sanction for non-compliance with disclosure orders.

The regulations sit under the Industrial Relations Act 1979 (WA) and are expressly made under that Act. They are part of a broader legislative framework. The term ‘court’ refers to the Industrial Magistrate’s Court established under the Act. The regulations frequently cross-reference other Western Australian legislation. For example, regulation 12(1)(b) adopts the interest rate prescribed under the Civil Judgments Enforcement Act 2004 section 8(1)(a). Regulation 10(4) applies Magistrates Court Act 2004 section 37 to experts (which deals with protection from liability). Regulation 49(3) refers to the Magistrates Court Act 2004 section 17(3) for applications for leave to lodge an originating claim despite the clerk’s refusal. The definition of ‘Chief Magistrate’ refers to the Magistrates Court Act 2004 Schedule 1 clause 6(1) and clause 8(2). The definition of ‘corporation’ picks up the Corporations Act 2001 (Cth) section 57A, and service on a corporation may be effected under section 109X of that Commonwealth Act (regulation 55(3)(c)). ‘Person under a legal disability’ incorporates the Guardianship and Administration Act 1990 definition of ‘represented person’. Service on a public authority that is not a corporation refers to the Public Sector Management Act 1994 definition of ‘employing authority’. The construction industry provisions create a specific interface: CIPPLSL cases are defined by reference to the Construction Industry Portable Paid Long Service Leave Act 1985, and service in such cases may use an address known to the CILSLP Board (regulations 53, 54). The regulations also interact with the Evidence Act 1906 (WA) by permitting hearings by audio or video link as defined in that Act (regulation 7(k)). The pre-trial conference process in Part 4, which gives the clerk powers to make orders for disclosure, interrogatories, and admission of facts, is unique to this jurisdiction and does not replicate the standard civil procedure rules of the Magistrates Court or the Supreme Court. However, the court may at any time order that practice and procedure be otherwise regulated by the regulations themselves (regulation 3). Finally, the Act itself (not these regulations) governs the substantive law and the types of claims that can be brought, as well as the court’s jurisdiction under sections 77, 83, 83A, 83B, and 83E. The regulations only set out how those claims are processed once filed.

The regulations were originally made on 15 April 2005 and commenced on 1 May 2005 (see compilation table). They repealed and replaced the Industrial Magistrates’ Courts (General Jurisdiction) Regulations 2000 (regulation 74). The first amendment came via the Industrial Magistrates Courts (General Jurisdiction) Amendment Regulations 2012, published 31 July 2012, with most provisions commencing 1 August 2012. That amendment inserted new regulation 16A (excluding CIPPLSL cases from Part 4 pre-trial conferences), inserted regulation 35A (initial hearing for CIPPLSL cases), and made numerous other changes, including amendments to regulations 7, 8, 9, 13, 14, 22, 23, 37, 41, 46, 47, 49, 50, 53, 54, 55, 62, 64, 65, 66, 67, 69, 72, and 73. The 2012 amendment also deleted former regulations 34 and 42, and made changes to time limits and references to the clerk’s powers. The second amendment came in 2022 via the Industrial Relations Regulations (Consequential Amendments) Regulations 2022 Part 2 (SL 2022/100), published 17 June 2022, commencing 20 June 2022. That amendment made substantial changes, including new definitions, amendments to regulations 1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 18, 21, 23, 24, 29, 30, 32, 33, 35, 36, 37, 38, 39, 40, 41, 43, 45, 46, 47, 48, 52, 53, 57, 60, 61, 64, 65, 66, 67, 68, 69, 70, 72, and 73. The 2022 amendments deleted former regulation 42 in full, amended the definition of ‘court-approved form’, inserted new regulation 4 definitions including ‘CILSLP Board’, ‘CIPPLSL case’, and ‘deal with’, and updated the court’s duties in regulation 5 to include the phrase ‘justly’ and the three efficiency objectives. The 2022 amendment also added regulation 71 on who may carry out requirements on behalf of corporations and public authorities, and changed the time for service by email or fax from 5.00 p.m. to 5.00 p.m. on a working day (regulation 60). The compilation table indicates no further amendments beyond 2022.

The regulations themselves do not cite any case law, and the source text provided does not include any references to judicial decisions interpreting these regulations. As a procedural instrument, litigation about these regulations would typically arise in the context of appeals against decisions of the Industrial Magistrate’s Court or judicial review. However, the text is silent on any specific cases. It is possible that decisions of the Industrial Relations Commission (the appellate body) or the Supreme Court have considered the operation of these regulations, but nothing in the source supports that. The regulations do contain provisions that would likely be the subject of litigation: for example, the meaning of ‘frivolously or vexatiously’ in the costs provision (regulation 11), the grounds for setting aside default judgment (regulation 41), the test for a clerk to make orders in complex or exceptional cases (regulation 19(2): ‘necessary for the just hearing and determination’), and the powers of the court to act on its own initiative under regulation 6. The inclusion of a right to review a clerk’s decision within 5 working days (regulation 73) suggests that many procedural disputes may be resolved internally without further litigation. The regulations also preserve actions under the repealed 2000 regulations and provide for continuation of proceedings (regulation 74(2)-(3)), which could have generated transitional litigation. But as a source-grounded analysis, the only proper statement is that the source does not mention any litigation history. The analyst cannot invent cases.

Several practical traps are embedded in these regulations. First, the costs rule in regulation 11 is extremely restrictive: costs can only be ordered against a party that frivolously or vexatiously instituted or defended the case, and only in cases not under sections 77, 83, 83A, 83B, or 83E. This means that even a winning party may be left out of pocket if the losing party did not act unreasonably. Parties should carefully assess whether their claim or defence is arguable to avoid a costs risk, but cannot rely on recovering costs if they win. For cases under the excepted sections, costs may be available on a different basis, but the regulations do not specify that basis. Second, the time limits for lodging and serving documents are strict. An originating claim must be served within 30 days, or 60 days if the clerk approves (regulation 13(2)). Failure to serve in time may lead to default judgment, including dismissal without consideration of merits. Third, for CIPPLSL cases, the originating claim cannot be served at all until the clerk has recorded the initial hearing date on the claim (regulation 13(2A)). A party who serves prematurely has not validly served. Fourth, the response period for CIPPLSL cases is a flat 28 days, regardless of location (regulation 14(3A)), but for other cases it depends on distance from the registry. Practitioners must check their distance. Fifth, a party must attend a pre-trial conference in person (regulation 20) and a trial in person unless the court orders otherwise (regulation 36). Failure to attend may result in default judgment. The regulations do not permit telephone attendance as of right. Sixth, the clerk’s powers at a pre-trial conference are significant: in complex or exceptional cases the clerk may order disclosure, inspection, interrogatories, or admission of facts (regulation 19). These are interlocutory orders made by an administrative officer, not a judicial officer. A party who fails to comply triggers the clerk’s power to list the case before the court, and the clerk’s order is then treated as a court order for the purpose of default judgment (regulation 21(3)). There is no right to appeal directly to the court; the party must first apply for review within 5 working days (regulation 73). Seventh, document lodgment by fax is limited to documents that may be lodged without a fee, and the document must be 20 pages or less including attachments and cover sheet (regulation 47(4)). A longer document is deemed not lodged. Eighth, electronic lodgment requires compliance with the court’s website specifications, and documents that are not signed must comply with the name-stating alternative (regulation 46(5)-(6)). Affidavits lodged electronically require an undertaking to retain the signed paper version. Ninth, service by email or fax is only effective if the party has provided an email address or fax number for service (regulation 57). If a party has not done so, service must be by personal delivery or post. The deemed time of service for email/fax is 5.00 p.m. on a working day (regulation 60) , which is different from the 4.00 p.m. cut-off for lodging (regulation 46(7)). Tenth, any settlement of a claim involving a person under a legal disability is invalid unless approved by the court (regulation 67(1)). This applies even if both parties consent. The litigation guardian may be personally liable for costs (regulation 65(3)). Finally, the court may limit the number of witnesses or the time for presentation (regulation 7(o)). Legal practitioners must be prepared for tight case management.

To commence a case in the Industrial Magistrate’s Court under these regulations, a claimant must first obtain the court-approved form for making a claim (regulation 13(1)). The form must be lodged at the court’s registry with the required fee: currently $40.00 for a claim (Schedule 1 Division 1). The claimant must also include with the claim a court-approved form for a response, which is to be served on the respondent. After lodging, the claimant must serve the originating claim (with a sealed copy) within 30 days, or 60 days with the clerk’s approval. For CIPPLSL cases, the claimant must wait until the clerk has recorded the initial hearing date on the claim before serving (regulation 13(2A)). Service on individuals may be by personal delivery, by leaving at the usual residence with someone over 16, or by post to their address for service (regulation 53). For corporations, service on a director, manager, or secretary, or at the registered office, is required (regulation 55). Email or fax service is permitted only if the respondent has provided an email address or fax number for service (regulation 57). The respondent must complete the response form and lodge it within 21 days (if within 1000 km) or 28 days (if beyond 1000 km), or 28 days for CIPPLSL cases regardless of distance (regulation 14). After lodging, the response must be served within 14 days (regulation 14(2)). If the whole claim is admitted, the court may enter judgment without a hearing (regulation 14(4)). If the claim is not wholly admitted, a pre-trial conference will be listed (regulation 16). The party must attend the pre-trial conference in person (regulation 20) and cooperate with the clerk in attempting settlement. The clerk may order the exchange of outlines, witness statements, and documents. In complex or exceptional cases, the clerk may order disclosure (a list of documents), inspection of property, answers to interrogatories, or admission of facts (regulation 19). Failure to comply with a clerk’s order may result in the matter being listed before the court and default judgment (regulation 21). After the pre-trial conference, the case is listed for trial (regulation 22). At trial, parties must attend in person unless the court orders otherwise (regulation 36). Witnesses are summoned by serving a witness summons at least 14 days before trial, with reasonable expenses tendered or arrangements made (regulation 37). The trial is conducted in public unless the court orders otherwise (regulation 35(1)). The court is not bound by the rules of evidence (regulation 35(4)). After trial, the court may give judgment, including an order for payment of money, and may order interest (regulation 12). Costs are only awarded if the case was frivolously or vexatiously instituted or defended, unless the case falls under sections 77, 83, 83A, 83B, or 83E (regulation 11). A party who wishes to apply for an interlocutory order (such as an extension of time) must lodge a court-approved form with a supporting affidavit and serve it at least 2 clear working days before the hearing (regulations 61-62). If the court grants default judgment, the affected party may apply to set it aside within 14 days (regulation 41). Any party who objects to a decision of the clerk (such as refusal to accept a document) must apply for review within 5 working days (regulation 73). Throughout the proceedings, parties must keep their address for service and representative’s details up to date (regulation 52). Electronic filing and service are optional but require compliance with the court’s website specifications and signature alternatives (regulations 46, 58).