Industrial Magistrates Courts (General Jurisdiction) Regulations 2005 (Western Australia)

These regulations prescribe the practice and procedure for cases dealt with by the Industrial Magistrate’s Court in Western Australia in respect of its general jurisdiction under the Industrial Relations Act 1979. The instrument sets out procedural mechanics across the lifecycle of a case: commencement, lodgment, service, pre‑trial case management, disclosure and inspection, trial conduct, witness attendance, orders and judgments, the role of clerks, and fees. Key mechanical changes effected by the regulations are:

Standardised forms and lodgment procedures, including electronic and fax lodgment rules and precise timing rules for when an electronically lodged or faxed document is taken to be lodged (reg 43; regs 45-48).
A managerially oriented case control regime that vests broad powers in clerks and the court to list, consolidate, stay, limit trial time and witnesses, order disclosure, inspection, interrogatories and invitations to admit, and to conduct hearings by audio or video link (regs 7, 18, 19, 24-33, 35(4)).
Distinct rules for CIPPLSL cases (construction industry portable paid long service leave matters designated as civil penalty provisions), including that Part 4 (pre‑trial conference) does not apply to CIPPLSL cases (reg 16A), special time requirements for serving originating claims (reg 13(3A)), and an initial hearing procedure allowing the court to fix presentation and hearing times and, where appropriate, conclude trial at initial hearing (reg 35A).
Specific service and proof of service mechanics, including personal service requirements for witness summonses, permissible modes of service (personal, post, email, fax) and deemed consent to email or fax service where an address is provided (regs 50-60).
Evidence and expert procedures: the court is not bound by strict rules of evidence and may inform itself as it thinks fit (reg 35(4)); the court may use experts and delegate powers to them (reg 10), with certain statutory cross‑references applying (Magistrates Court Act 2004 s 37 via reg 10(4)).

CrestWestern Australia

Industrial Relations Act 1979

Industrial Magistrate’s Court (General Jurisdiction) Regulations 2005

Western Australia

Industrial Magistrate’s Court (General Jurisdiction) Regulations 2005

Contents

Part 1 — Preliminary

Citation 1
Commencement 1
Application of these regulations 1
Terms used 2

Part 2 — Court’s functions generally

Court’s duties in dealing with cases 5
Court may act on its own initiative 5
Court’s powers to control and manage cases 6
Court’s powers to deal with default by party 8
Procedural orders may be made conditional 8
Use of experts 9
Court’s power to order costs 9
Court’s power to order payment of interest 9

Part 3 — Making and responding to claims

Making claim or counterclaim 11
Response to claim 11
Party may discontinue claim 12

Part 4 — Pre‑trial conferences

16A. Application of Part 13

Listing a pre‑trial conference 13
Pre‑trial conference, purpose of 13
General duties and powers of clerk at pre‑trial conference 13
Orders for proceedings in complex or exceptional cases 14
Attendance at a pre‑trial conference 14
Failure to comply with order 14
Listing the case for further pre‑trial conference or trial 15
Status of things said or done at pre‑trial conference 15

Part 5 — Proceedings in exceptional or complex cases

Division 1 — Disclosure of documents

Disclosing documents 16
Objection to disclosure of documents 16
Inspection of documents 17
Production of documents at trial 17

Division 2 — Inspection of property

Inspection of property 17

Division 3 — Answers to interrogatories

Request for answers to interrogatories 18
Party must answer interrogatories when ordered 18
Objection to answering interrogatories 18

Division 4 — Invitation to admit an alleged fact

Invitation to admit 19
Response to invitation to admit 19

Part 6 — Trial

Division 1 — General

35A. Initial hearing for CIPPLSL cases 20

Conduct of trial 20
Attendance of parties at trial 21

Division 2 — Witnesses

Issuing witness summons 21
Witness summons may be set aside 22
Producing evidentiary material before trial 22

Part 7 — Orders and judgments

Consent to orders or judgment 23
Setting aside default judgment 23

Part 8 — Lodging documents

Meaning of lodge 24
Documents may be lodged by hand delivery or pre‑paid post 24
Certain documents may be lodged electronically 24
Certain documents may be lodged by fax 26
Court’s seal may be applied electronically 27
Clerk’s refusal to accept documents 27

Part 9 — Serving documents

Division 1 — General

Meaning of serve 29
Personal service 29
Address for service and representative’s details 29
Service of a document on a natural person 30
Service of a document on a public authority that is not a corporation 31
Service of a document on a corporation 31
Affidavit of service 32

Division 2 — Service by email or fax

Email and fax address for service 33
Service of documents by email 34
Service of documents by fax 34
Time of service by email or fax 34

Part 10 — Applications

Making application 35
Application must be served 35

Part 11 — Persons under a legal disability

Person under a legal disability, claims by or against 36
Represented persons under the Guardianship and Administration Act 1990 36
Court may appoint litigation guardian 36
Clerk’s powers 37
Settlement of claims by or against person under legal disability 37

Part 12 — Miscellaneous

Form of affidavit 38
Availability of forms 38
Fees for obtaining documents 38
Requirements on parties may be carried out by certain persons 38
Practice directions 39
Review of a decision of the clerk 39
Repeal and savings 39

Schedule 1 — Fees

Division 1 — Lodgment fees

Division 2 — Fees for obtaining documents

Notes

Compilation table 42

Defined terms

Western Australia

Industrial Relations Act 1979

Industrial Magistrate’s Court (General Jurisdiction) Regulations 2005

Part 1 — Preliminary

1. Citation

These regulations are the Industrial Magistrate’s Court (General Jurisdiction) Regulations 2005.

[Regulation 1 amended: SL 2022/100 r. 4.]

2. Commencement

These regulations come into operation on the day on which the Courts Legislation Amendment and Repeal Act 2004 comes into operation.

3. Application of these regulations

(1) Unless —

(a) the court in a particular case orders otherwise; or

(b) these regulations provide otherwise,

the practice and procedure provided for in these regulations applies in every case.

[(2) deleted]

[Regulation 3 amended: Gazette 31 Jul 2012 p. 3684; SL 2022/100 r. 5.]

4. Terms used

In these regulations, unless the contrary intention appears —

application means an application made under Part 10;

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

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;

CILSLP Board means the Construction Industry Long Service Leave Payments Board established under the Construction Industry Portable Paid Long Service Leave Act 1985 section 5(1);

CIPPLSL case means any proceedings in the court involving or in connection with the court’s jurisdiction under section 83E of the Act in respect of a provision of the Construction Industry Portable Paid Long Service Leave Act 1985 that is specified to be a civil penalty provision;

claim means a claim made to the 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 in the Corporations Act 2001 (Commonwealth) section 57A;

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

court means the industrial magistrate’s court;

court‑approved form means a form approved by the Chief Magistrate for the purposes of the provision in which the term is used;

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 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 section 83E of the Act imposing a penalty;

lodge has a meaning affected by regulation 43;

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

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);

practice direction has the meaning given in regulation 72;

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;

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;

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

[Regulation 4 amended: Gazette 31 Jul 2012 p. 3684; SL 2022/100 r. 6.]

Part 2 — Court’s functions generally

5. Court’s duties in dealing with cases

(1) The court must ensure that cases are dealt with justly.

(2) Ensuring that cases are dealt with justly includes ensuring —

(a) that cases are dealt with efficiently, economically and expeditiously;

(b) so far as is practicable, that the parties are on an equal footing; and

[Regulation 5 amended: SL 2022/100 r. 7.]

6. Court may act on its own initiative

(1) The court may exercise its powers on the application of a party or on its own initiative unless these regulations or another written law provides otherwise.

(2) The court may make an order on its own initiative with or without —

(a) allowing the parties to make submissions; or

(b) hearing the parties.

(3) If the court decides to allow the parties to make submissions before making an order on its own initiative, it must notify each party likely to be affected by the order of how and when the submissions must be made.

(4) If the court decides to hear the parties before making an order on its own initiative, it must notify each party likely to be affected by the order of the time and place of the hearing.

[Regulation 6 amended: SL 2022/100 r. 8.]

7. Court’s powers to control and manage cases

(1) The court may do all or any of the following for the purposes of controlling and managing cases and trials —

(a) extend the time for complying with any of these regulations, any practice direction, or any order made by the court (even if the time for complying has expired), or shorten it;

(b) adjourn or bring forward a hearing to a specified date;

(d) consolidate cases;

(e) try 2 or more cases on the same occasion;

(f) order any aspect of a case or a counterclaim in a case to be dealt with as a separate case;

(g) order that particular issues be tried in a particular order;

(h) order that an issue not be tried;

(i) order that an issue be tried separately;

(j) give judgment against a claim after a decision is made on a separate trial of a preliminary issue;

(k) hold a hearing by audio link or video link (as those terms are defined in the Evidence Act 1906 section 120);

(l) allow a party to amend any document lodged by the party;

(m) order a party to provide additional information to that in or attached to its claim, whether by disclosing or providing documents or by answering interrogatories;

(n) order parties —

(i) to exchange the written statements of the evidence that is anticipated will be given by witnesses;

(ii) to confer, to attend before a clerk or other person or to take other measures, before trial, to try to settle the case or identify the issues that need to be tried;

(iii) except in a CIPPLSL case, to attend before the court before trial to deal with case management, interlocutory and pre‑trial issues;

(iv) to do anything that in the court’s opinion will or may facilitate the case being conducted and concluded efficiently, economically and expeditiously;

(o) by order, limit —

(i) the time a party has at trial to examine, cross‑examine or re‑examine a witness, or to make oral submissions, or to present its case;

(ii) the number of witnesses (including expert witnesses) that may be called in relation to an issue;

(iii) the length of a trial;

(p) refuse to admit into evidence a document that a party has deliberately not disclosed or provided in accordance with these regulations;

(q) as to expert witnesses —

(i) order a party to disclose the nature and substance of the expert evidence to be given by any expert witness the party intends to call;

(ii) order an expert witness to disclose the advice given to, and the work done in relation to the case of, the party that intends to call the expert witness;

(iii) refuse to allow an expert witness to be called without the leave of the court;

(iv) refuse to admit the evidence of an expert witness that has not been disclosed in accordance with these regulations or an order of the court;

(r) take any other action or make any other order for the purpose of complying with regulation 5.

(2) A power in this regulation to make an order includes a power to vary or cancel the order.

[Regulation 7 amended: Gazette 31 Jul 2012 p. 3684; SL 2022/100 r. 9.]

8. Court’s powers to deal with default by party

(1) This regulation does not apply to a failure to comply with the judgment of the court in a case or any order made in or as a consequence of the judgment.

(2) If a party does not comply with these regulations, or an order made by the court, the court may give default judgment against the party.

(3A) Without limiting regulation 6, the court may exercise its powers under subregulation (2) on the application of a party or on its own initiative.

(3) The court may set aside a default judgment and may do so on any conditions it thinks fit.

[Regulation 8 amended: Gazette 31 Jul 2012 p. 3685; SL 2022/100 r. 10.]

9. Procedural orders may be made conditional

(1) When making an order under regulation 7 or 8 the court may order that the order will take effect unless the party complies with a particular regulation or order, within a particular time, as specified by the court.

(2) The court may vary or cancel an order made under subregulation (1).

[Regulation 9 amended: SL 2022/100 r. 11.]

10. Use of experts

(1) The court, with or without the consent of the parties, may refer a question arising in a case to a person who is an expert in the relevant field for investigation and a report.

(2) The expert has and may exercise any powers of the court that are delegated to experts by these regulations for the purposes of this regulation.

(3) The court may adopt all or some of the expert’s report.

(4) The Magistrates Court Act 2004 section 37 applies to an expert in respect of the expert’s performance or purported performance of the functions of an expert under this regulation.

[Regulation 10 amended: SL 2022/100 r. 12.]

11. Court’s power to order costs

In a case other than a case under section 77, 83, 83A, 83B or 83E of the Act, the court may order that costs be paid by a party if and only if, in the opinion of the court, the case has been frivolously or vexatiously instituted or defended, as the case requires, by that party.

[Regulation 11 amended: SL 2022/100 r. 13.]

12. Court’s power to order payment of interest

(1) Except as provided in this regulation, if the court orders a party to pay a sum of money, the court may order the party to pay interest on the whole or any part of the sum —

(a) for the whole or any part of the period from the date when the cause of case arose to the date when the order is made; and

(b) at the rate prescribed under the Civil Judgments Enforcement Act 2004 section 8(1)(a) for that period or part.

(2) When the court orders a party to pay the total of the amounts that another party was entitled to be paid on different dates, the court may order interest to be paid on the total and if it does so it may calculate the interest as the court thinks fit.

(3) This regulation does not authorise the ordering of interest to be paid on costs or any penalty other than a deemed penalty under section 83A of the Act.

(4) Unless good cause is shown to the contrary, if the court orders a party to pay a sum of money under section 83A of the Act, the court must order the party to pay interest on the sum, at such rate as it thinks fit, from the date when the cause of case arose to the date when the order is made.

(5) An order to pay interest under subregulation (4) may be expressed as an order to pay a lump sum.

[Regulation 12 amended: SL 2022/100 r. 14.]

Part 3 — Making and responding to claims

13. Making claim or counterclaim

(1) If a party wants to make a claim the party must lodge the court‑approved form.

(2) An originating claim must be served within 30 days, or, if in a particular case the clerk so approves, 60 days, after the claim has been lodged.

(3A) The originating claim in respect of a CIPPLSL case must not be served unless the clerk has recorded on the claim the date set for the initial hearing of the trial under regulation 35A.

(3) A claim must be lodged and served together with the court‑approved form for making a response under regulation 14.

(4) A counterclaim may be lodged and served at any time, unless the clerk at a pre‑trial conference has specified a time within which a counterclaim may be made, in which case the counterclaim must be made within that time.

(5) Without limiting subregulation (4), if, at the initial hearing of a CIPPLSL case, the court specifies a time within which a counterclaim in the case may be made, the counterclaim must be made within that time.

[Regulation 13 amended: Gazette 31 Jul 2012 p. 3685; SL 2022/100 r. 15.]

14. Response to claim

(1) Except in a CIPPLSL case, a party against which a claim is made must complete the response included with the claim served on the party, and lodge it —

(a) if the party’s address for service is less than 1 000 km from the court’s registry, within 21 days after the service of the claim; and

(b) if the party’s address for service is more than 1 000 km from the court’s registry, within 28 days after the service of the claim.

(2) Except in a CIPPLSL case, the party must serve the response within 14 days after it has been lodged.

(3A) A party against which a claim in a CIPPLSL case is made must —

(a) complete the response included with the claim served on the party, and lodge it; and

(b) after lodging the response, serve it,

within 28 days after the service of the claim.

(3) If a party wants to admit the whole or part of a claim made against the party, the party must do so in the response.

(4) If the party admits the whole or part of the claim, the court may give judgment against the party for the whole of the claim or that part, as the case may be, without the need for an appearance by the parties before the court.

[Regulation 14 amended: Gazette 31 Jul 2012 p. 3685; SL 2022/100 r. 16.]

15. Party may discontinue claim

If a party wants to discontinue the whole or part of a claim made by the party it must lodge and serve a notice of discontinuance in the court‑approved form.

[Regulation 15 amended: SL 2022/100 r. 47.]

Part 4 — Pre‑trial conferences

16A. Application of Part

This Part does not apply to CIPPLSL cases.

[Regulation 16A inserted: Gazette 31 Jul 2012 p. 3686.]

16. Listing a pre‑trial conference

Unless the whole of an originating claim is admitted, a clerk must list the case for a pre‑trial conference as soon as practicable after a response has been lodged and notify the parties in writing.

17. Pre‑trial conference, purpose of

The purpose of a pre‑trial conference is —

(a) to give the parties an opportunity to settle the case;

(b) to enable the clerk to make certain orders, including orders in complex or exceptional cases under regulation 19; and

18. General duties and powers of clerk at pre‑trial conference

(1) The clerk at a pre‑trial conference must —

(a) explain to an unrepresented party the practice and procedure of the court and direct the party to any information that may assist the party made available by the court or the department principally assisting the Minister in the administration of the Act;

(b) assist the parties in any attempt to settle the case; and

(2) The clerk at a pre‑trial conference may order the parties to lodge and serve on each other —

(a) outlines of the parties’ respective cases in the court‑approved form and, if the clerk thinks it necessary, further and better particulars of those outlines;

(b) copies of the statements of any witnesses who the parties intend to call at trial; or

[Regulation 18 amended: SL 2022/100 r. 17.]

19. Orders for proceedings in complex or exceptional cases

(1) The clerk at a pre‑trial conference may —

(a) order that a party must provide additional information by disclosing documents relevant to the case;

(b) order that a party must permit the inspection of real or personal property;

(d) order a party to reply to a notice to admit facts.

(2) The clerk may give an order under subregulation (1) if the clerk is satisfied that, given the complexity or the exceptional nature of the case, the order is necessary for the just hearing and determination of the case.

20. Attendance at a pre‑trial conference

A party must attend a pre‑trial conference in person.

21. Failure to comply with order

(1) If a party fails to comply with an order of the clerk under this Part the clerk may, of the clerk’s own motion or on an application by a party, list the case before the court.

(2) When the clerk lists a case before the court under subregulation (1) the clerk must notify the parties in writing.

(3) For the purposes of the court exercising its powers under regulation 8, the order of the clerk is taken to be an order of the court.

(4) This regulation does not apply to an order to reply to a notice to admit facts under regulation 19(1)(d).

[Regulation 21 amended: SL 2022/100 r. 18.]

22. Listing the case for further pre‑trial conference or trial

After a pre‑trial conference the clerk must either —

(a) list the case for a further pre‑trial conference; or

(b) list the case for trial,

and notify the parties in writing.

23. Status of things said or done at pre‑trial conference

(1) A pre‑trial conference must be conducted before the clerk, in private.

(2) Anything said or done by a party for the purpose of attempting to settle a case at a pre‑trial conference is taken to be said or done without prejudice to any evidence or submission that the party —

(a) has adduced or made; or

(b) may subsequently adduce or make,

in or in respect of the proceedings, and the saying or doing of that thing does not disqualify the clerk who conducted the pre‑trial conference from later dealing with the case.

[Regulation 23 amended: SL 2022/100 r. 19.]

Part 5 — Proceedings in exceptional or complex cases

Division 1 — Disclosure of documents

24. Disclosing documents

(1) Subject to any objection under regulation 25, when the clerk gives an order under regulation 19(1)(a), the party must lodge and serve a list of the documents within the period ordered by the clerk.

(2) Subject to any objection under regulation 25, if the party subsequently —

(a) comes into possession; or

(b) becomes aware that it is in possession,

of further documents required to be disclosed under the clerk’s order, the party must, as soon as practicable after that, lodge and serve a list of those documents.

(3) An order under regulation 19(1)(a) may require a party to provide the list of documents in an affidavit.

(4) Unless the court orders otherwise, a document in the possession, custody or power of the party must not be used by the party as evidence in the trial of the case if it is not disclosed —

(a) when the clerk gives an order under regulation 19(1)(a), in the list of documents referred to in this regulation; or

(b) otherwise before the listing of the case for trial.

[Regulation 24 amended: SL 2022/100 r. 48.]

25. Objection to disclosure of documents

A party may object to the disclosure of a document if it —

(a) is privileged from production; or

(b) is inadmissible in evidence,

under these regulations or any other law.

26. Inspection of documents

(1) If a party wants to inspect documents disclosed by another party it must serve the other party with a written request to inspect.

(2) A party receiving a request for inspection must make the documents available for inspection within 14 days after the service of the request.

(3) If asked to do so by the party which requested inspection, a party making documents available for inspection must also —

(a) provide copies of the documents, at a reasonable cost, to the party which requested inspection; or

(b) if the clerk so orders or the parties agree, permit the documents to be copied at another place by the party which requested inspection.

27. Production of documents at trial

If a party discloses a document, the party must have the document available at the trial.

Division 2 — Inspection of property

28. Inspection of property

An order under regulation 19(1)(b) may require a party to make the property available for —

(a) inspection, whether during a particular process or not;

(b) the taking of measurements or samples;

(d) the filming, videotaping or taking of photographs.

Division 3 — Answers to interrogatories

29. Request for answers to interrogatories

(1) When the clerk gives an order under regulation 19(1)(c) a party wanting to request answers to interrogatories may lodge and serve the request within the period ordered by the clerk.

(2) The request for answers to interrogatories must be in the court‑approved form.

[Regulation 29 amended: SL 2022/100 r. 47.]

30. Party must answer interrogatories when ordered

(1) Subject to any objection under regulation 31, when the clerk gives an order under regulation 19(1)(c) and a request is lodged and served under regulation 29, the party receiving the request must lodge and serve the answers within the period ordered by the clerk.

(2) The answers must be in the court‑approved form.

(3) An order under regulation 19(1)(c) may require a party to provide the answers in an affidavit.

[Regulation 30 amended: SL 2022/100 r. 47.]

31. Objection to answering interrogatories

A party may object to answering an interrogatory if the answer —

(a) is irrelevant to the case;

(b) is inadmissible in evidence under these regulations or any other law;

(d) is sought so as to harass or annoy, or to cause delay;

(e) is frivolous, vexatious, scandalous or improper; or

(f) is otherwise not genuinely required for the purposes of the case.

Division 4 — Invitation to admit an alleged fact

32. Invitation to admit

(1) When the clerk gives an order under regulation 19(1)(d) a party wanting to invite another party to admit a particular alleged fact may lodge and serve the invitation within the period ordered by the clerk.

(2) The invitation to admit must be in the court‑approved form.

[Regulation 32 amended: SL 2022/100 r. 47.]

33. Response to invitation to admit

(1) When the clerk gives an order under regulation 19(1)(d) and an invitation to admit is lodged and served under regulation 32, the party receiving the invitation must lodge and serve a response to the invitation within the period ordered by the clerk.

(2) The response must be in the court‑approved form.

(3) If a party fails to comply with subregulation (1), the fact is taken to be admitted unless the court orders otherwise.

[Regulation 33 amended: SL 2022/100 r. 47 and 48.]

Part 6 — Trial

Division 1 — General

[34. Deleted: SL 2022/100 r. 20.]

35A. Initial hearing for CIPPLSL cases

(1) At the initial hearing of a trial of a CIPPLSL case the court may do any or all of the following —

(a) give directions as to how the material necessary to determine the trial must be presented;

(b) give directions setting the date, time and length of time for the hearing of the trial;

(2) At the initial hearing the court may make any order that concludes the trial.

[Regulation 35A inserted: Gazette 31 Jul 2012 p. 3686; amended: SL 2022/100 r. 21.]

35. Conduct of trial

(1) A trial must be conducted in public unless the court is of the opinion that the interests of justice will be better served by conducting the trial in private.

(2) The court may hear a trial at any time or place the court thinks fit.

(3) The court may adjourn a trial to a fixed date as the court thinks fit.

(4) Except as provided in these regulations, the court is not bound by the rules of evidence and may inform itself on any matter and in any manner as it thinks fit.

[Regulation 35 amended: SL 2022/100 r. 22.]

36. Attendance of parties at trial

Unless the court orders otherwise, a party must attend the trial in person.

[Regulation 36 amended: SL 2022/100 r. 48.]

Division 2 — Witnesses

37. Issuing witness summons

(1) If a party wants to require a person to give evidence or to produce evidentiary material at a trial the party must lodge and serve on the person a witness summons in the court‑approved form at least 14 days before the first day of the trial.

(2) The witness summons must be served personally.

(3) At the time a witness is served with a witness summons, or at a reasonable time before the attendance date —

(a) an amount that is likely to be sufficient to meet the reasonable expenses of attending the court must be tendered to the witness;

(b) arrangements to enable the witness to attend the court must be made with the witness; or

(4) The party that lodges a witness summons must ensure that subregulation (3) is complied with.

(5) The person who serves a witness with a witness summons must record how subregulation (3) was complied with on a copy of the witness summons.

(6) If a copy of a witness summons contains information recorded in accordance with subregulation (5), the information is presumed to be true unless the contrary is proved.

[Regulation 37 amended: SL 2022/100 r. 23.]

38. Witness summons may be set aside

(1) A person summoned to give evidence or to produce evidentiary material at a trial may make an application to set aside the summons, and in that case Part 10 applies as if the person were a party to the case in question.

(2) The court may set aside the witness summons if it is satisfied that —

(a) the person does not have either evidence to give or evidentiary material to produce that is relevant to the case;

(b) the person cannot be lawfully compelled to give any evidence or produce any evidentiary material to the court; or

[Regulation 38 amended: SL 2022/100 r. 48.]

39. Producing evidentiary material before trial

Where a witness summons requires a person to produce evidentiary material but does not require the person to give evidence, the person may, instead of producing the material at the trial, deliver the material, and a written list describing the material, to the court at least 2 clear working days before the first day of the trial.

[Regulation 39 amended: SL 2022/100 r. 48.]

Part 7 — Orders and judgments

40. Consent to orders or judgment

(1) The parties may settle a case or consent to any other order by lodging a memorandum to that effect in the court‑approved form signed by each party.

(2) The court may give judgment or make an order in accordance with the memorandum of consent without the need for an appearance by the parties before the court.

(3) Where the Act or these regulations require the consent of one party before something can be done, that consent may be given by the party lodging a notice of consent to that effect in the court‑approved form signed by the party.

[Regulation 40 amended: SL 2022/100 r. 24.]

41. Setting aside default judgment

(1) When the court gives a default judgment, the party may, within 14 days after the judgment was given, make an application for the judgment to be set aside.

(2) When the court sets aside the judgment in relation to a case other than a CIPPLSL case it must list the case for a pre‑trial conference and notify the parties in writing.

(3) When the court sets aside the judgment in relation to a CIPPLSL case it must list the case for hearing and notify the parties in writing.

[Regulation 41 amended: Gazette 31 Jul 2012 p. 3686; SL 2022/100 r. 25.]

[42. Deleted: SL 2022/100 r. 26.]

Part 8 — Lodging documents

43. Meaning of lodge

In order to lodge a document a person must lodge it with the court in accordance with this Part together with any fee specified in Schedule 1 Division 1.

[Regulation 43 amended: SL 2022/100 r. 27.]

[44. Deleted: SL 2022/100 r. 28.]

45. Documents may be lodged by hand delivery or pre‑paid post

(1) A party may lodge a document by delivering the document to the court’s registry by hand delivery or by pre‑paid post.

(2) A party lodging a document under this regulation must, at the same time also lodge —

(a) a copy to be returned to the party; and

(b) if these regulations require the document to be served, a copy for each other party to be served.

[Regulation 45 amended: SL 2022/100 r. 29.]

46. Certain documents may be lodged electronically

(1) This regulation does not apply to lodging a document by fax.

(2) The clerk must publish a website for the court.

(3) Subject to the requirements of the court’s website and this regulation, a party may lodge a document electronically by lodging an electronic version of it by means of the court’s website.

(4) If these regulations require a document to be signed by a person who is not, or who is not acting on behalf of, the party lodging it, the document cannot be lodged electronically unless it is an affidavit.

(5) If these regulations require a document, before it is lodged, to be signed by or on behalf of the party lodging it and the document is being lodged electronically —

(a) the document need not be signed; and

(b) the party lodging the document electronically must ensure that the electronic version of the document, instead of showing a signature at any place where a signature is required, states the name of the person whose signature is required at the place.

(6) A party which lodges an affidavit electronically must —

(a) ensure that the electronic version of it, instead of showing a signature at any place where a signature appears in the paper version, states the name of the person whose signature it is; and

(b) also lodge an undertaking that the party —

(i) has possession of the paper version signed according to law; and

(ii) will retain the paper version subject to any order of the court.

(7) A document lodged electronically with the court is taken to have been lodged —

(a) if the whole document is received before 4.00 p.m. on a day when the court’s registry is open for business, on that day;

(b) otherwise, on the next day when the court’s registry is open for business.

(8) A document that is sent electronically to the court but not in accordance with the requirements of the court’s website and this regulation is taken not to have been lodged with the court.

[Regulation 46 amended: SL 2022/100 r. 30.]

47. Certain documents may be lodged by fax

(1) Subject to this regulation, a document may be lodged by fax if it is a document that may be lodged without the payment of a fee specified in Schedule 1.

(2) The court must publish a fax number for its registry.

(3) A party wanting to lodge a document by fax must use the published fax number for the court’s registry.

(4) A document that, with any attachments and a cover sheet, is more than 20 pages long, must not be lodged by fax and any such document received by the court is taken not to have been lodged.

(5) A document that is sent by fax to the court must have a cover sheet stating —

(a) the sender’s name, postal address, document exchange number (if any), telephone number and fax number;

(b) the number of pages (including the cover sheet) being sent by fax; and

(6) A party which lodges a document by fax must —

(a) endorse the first page of the original document with —

(i) a statement that the document is the original of a document sent by fax; and

(ii) the date and time the document was sent by fax;

(b) keep the endorsed original document and the fax machine’s report evidencing the successful transmission of the document; and

(7) A document lodged by fax with the court is taken to have been lodged —

(a) if the whole document is received before 4.00 p.m. on a day when the court’s registry is open for business, on that day;

(b) otherwise, on the next day when the court’s registry is open for business.

(8) A document that is sent by fax to the court is taken not to have been lodged with the court if —

(a) it is not sent in accordance with the requirements of this regulation; or

(b) if the document is completely or partly illegible or if any of the details on the cover sheet required under subregulation (5) are illegible.

[Regulation 47 amended: SL 2022/100 r. 31.]

48. Court’s seal may be applied electronically

If the court issues a document in an electronic form that bears a digital version of the court’s seal, the sealed document as it appears electronically, or as it appears when printed on paper, is taken to have the same effect as if the court’s seal had been lawfully applied to it by hand by an officer of the court, unless there is evidence that the document was not issued by the court.

[Regulation 48 amended: SL 2022/100 r. 32.]

49. Clerk’s refusal to accept documents

(1) If a clerk refuses to accept a document delivered or sent to the court then the document is taken not to have been lodged.

(2) If a clerk refuses to accept a document that was sent to the court electronically or by fax, the court must give to the party notice of the refusal.

(3) In an application under the Magistrates Court Act 2004 section 17(3) for leave to lodge an originating claim, the party wanting to lodge the claim is taken to be a party to a case for the purposes of making the application.

[Regulation 49 amended: SL 2022/100 r. 33.]

Part 9 — Serving documents

Division 1 — General

50. Meaning of serve

If these regulations require a party to serve a document —

(a) the party must serve a copy of the document returned after lodgment bearing the seal of the court; and

(b) unless the regulations provide otherwise, the party must serve it on each other party.

[Regulation 50 amended: SL 2022/100 r. 48.]

51. Personal service

Where these regulations require a person or body to be served personally, the person or body must be served —

(a) in the case of a natural person, in accordance with regulation 53(2);

(b) in the case of a public authority that is not a corporation, by delivering the document in accordance with regulation 54(2);

52. Address for service and representative’s details

(1) A document lodged in relation to a case must contain an address for service.

(2) A document lodged in relation to a case by a representative of a party must contain the name, address and telephone number of the representative.

(3) If the address for service or any of the representative’s details change after the lodgment of documents in relation to the case, the party must lodge and serve a notice of change of address or details as soon as practicable after the change.

(4) The notice of change of address or details must be in the court‑approved form.

[Regulation 52 amended: SL 2022/100 r. 34.]

53. Service of a document on a natural person

(1) Except as provided in regulation 54, if a party wants to serve a document on a natural person the party must do so in accordance with this regulation.

(2) A document may be served by delivering it to the person personally.

(3) Any document except a witness summons may be served —

(a) if an address for service has been provided under regulation 52(1), by delivering it, or sending it by pre‑paid post, to that address; or

(b) if no address for service has been provided under regulation 52(1) —

(i) by leaving it at the person’s usual or last known place of residence with a person who, on reasonable grounds, is believed to be over the age of 16 years; or

(ii) if the person is the principal of a business, by leaving it at the person’s usual or last known place of business with a person who, on reasonable grounds, is believed to be in charge of the business;

(c) in a CIPPLSL case, by delivering it, or sending it by pre‑paid post, to the person’s address last known to the CILSLP Board.

(4) A document may be served on the person by email or fax under Division 2.

[Regulation 53 amended: Gazette 31 Jul 2012 p. 3687; SL 2022/100 r. 35.]

54. Service of a document on a public authority that is not a corporation

(1) If a party wants to serve a document on a public authority that is not a corporation the party must do so in accordance with this regulation.

(2) A document may be served —

(a) if an address for service has been provided under regulation 52(1), by delivering it, or sending it by pre‑paid post, to that address; or

(b) if no address for service has been provided under regulation 52(1), by delivering it, or sending it by pre‑paid post to the office of the public authority; or

(c) in a CIPPLSL case, if no address for service has been provided under regulation 52(1), by delivering it, or sending it by pre‑paid post, to the public authority’s address last known to the CILSLP Board.

(3) A document may be served by email or fax under Division 2.

[Regulation 54 amended: Gazette 31 Jul 2012 p. 3687; SL 2022/100 r. 36.]

55. Service of a document on a corporation

(1) Except as provided in the Act section 60, if a party wants to serve a document on a corporation the party must do so in accordance with this regulation.

(2) A document may be served by delivering it to a person who, on reasonable grounds, is believed to be a director, manager or secretary of the corporation.

(3) A document may be served —

(a) if an address for service has been provided under regulation 52(1), by delivering it, or sending it by pre‑paid post, to that address; or

(b) if an address has not been provided under regulation 52(1), to the party’s usual or last known place of residence or principal or last known place of business, as the case may be; —

(i) no address for service has been provided under regulation 52(1); and

(ii) on a reasonable inquiry, a director, manager or secretary cannot be found,

by leaving it at the body’s principal place of business or registered office in the State with a person who, on reasonable grounds, is believed to be over the age of 16 years and employed by the corporation; or

(c) in accordance with the Corporations Act 2001 (Commonwealth) section 109X if the corporation is a company within the meaning of that Act.

(4) A document may be served by email or fax under Division 2.

[Regulation 55 amended: Gazette 31 Jul 2012 p. 3687.]

56. Affidavit of service

(1) If a document is served by a party, or on behalf of a party by a person, the party must lodge an affidavit of service completed by the person who served the document.

(2) The affidavit of service must state when, where, how and by whom service was effected.

Division 2 — Service by email or fax

57. Email and fax address for service

(1) For the purposes of enabling the service of documents by email, a party may, in addition to providing an address for service in accordance with regulation 52, provide an email address operating at that address.

(2) For the purposes of enabling the service of documents by fax, a party may, in addition to providing an address for service in accordance with regulation 52, provide a fax number operating at that address.

(3) If a representative of a party practises in a business with one or more other representatives or people —

(a) any email address provided by the representative under subregulation (1) must be the email address of the business and not that of the representative personally; and

(b) any fax number provided by the representative of the party under subregulation (2) must be the fax number of the business and not that of the representative personally.

(4) A party which under this regulation provides an email address or a fax number is taken to have consented to being served with documents by email at that email address or by fax at that fax number.

(5) If a party’s email or fax address for service changes after the email or fax lodgment of documents in relation to a case, the party must by email or fax respectively lodge and serve a notice of change of address as soon as practicable after the address changes.

(6) The notice of change of email or fax address must be in the court‑approved form.

[Regulation 57 amended: SL 2022/100 r. 37.]

58. Service of documents by email

(1) Except as provided in subregulation (2) if a party has provided an email address under regulation 57(1), the party may be served by sending the document by email to that address.

(2) If these regulations require a document to be signed by a person who is not, or who is not acting on behalf of, the party lodging it, the document cannot be served by email unless it is an affidavit.

(3) Regulation 46(5) and (6), with any necessary changes, apply to a document being served by email in the same way as they apply to a document being lodged electronically.

59. Service of documents by fax

(1) If a party has provided a fax number under regulation 57(2), the party may be served by sending the document by fax to that number.

(2) Regulation 47(5)(a) and (b) and (6), with any necessary changes, apply to a document being served by fax in the same way as they apply to a document being lodged by fax.

60. Time of service by email or fax

A document that is served by email or fax on a party is taken to have been served —

(a) if the whole document is sent before 5.00 p.m. on a working day, on that day;

(b) otherwise, on the next working day.

[Regulation 60 amended: SL 2022/100 r. 38.]

Part 10 — Applications

61. Making application

(1) If a party wants to make an application for an order of the court other than —

(a) a judgment after trial; or

(b) an order made in or as a consequence of a judgment not being an order to set aside a default judgment,

the party must lodge the court‑approved form unless the court gives leave under subregulation (3).

(2) The application must be lodged together with a supporting affidavit.

(3) A party may, with the leave of the court, make an application orally at any hearing.

[Regulation 61 amended: SL 2022/100 r. 39.]

62. Application must be served

(1) Except as provided in subregulation (2), a party making a written application must serve a copy of the application and any supporting affidavit on every other party after it has been lodged and at least 2 clear working days before the hearing of the application.

(2) Subregulation (1) does not apply if these regulations state that the application may be dealt with in the absence of the respondent to the application.

Part 11 — Persons under a legal disability

63. Person under a legal disability, claims by or against

Except as provided in this Part, a person under a legal disability may conduct a case in the person’s own right.

64. Represented persons under the Guardianship and Administration Act 1990

(1) If the person under a legal disability is a represented person as defined by the Guardianship and Administration Act 1990 section 3(1) and the relevant guardianship or administration order —

(a) is plenary; or

(b) otherwise confers on the guardian or administrator the function of conducting or settling legal proceedings on behalf of the person,

then the guardian or administrator must conduct the case on behalf of the person.

(2) If a party to a case is not a represented person under the Guardianship and Administration Act 1990 but the court suspects on reasonable grounds that the party may be in need of a guardian or administrator under that Act, the court may —

(a) request the Public Advocate to investigate whether the party is in such need; and

(b) adjourn the case until the court is advised by the Public Advocate of the result of the investigation.

[Regulation 64 amended: SL 2022/100 r. 40.]

65. Court may appoint litigation guardian

(1) Except as provided in regulation 64 and subregulation (2), if the court is of the opinion that a person under a legal disability is not competent to conduct a case in the person’s own right, the court must appoint a litigation guardian to conduct the case on the party’s behalf.

(2) The court must not make the appointment unless the proposed litigation guardian —

(a) has been informed of a litigation guardian’s liability under subregulation (3); and

(b) has agreed to act in that capacity.

(3) The litigation guardian is liable to pay any costs ordered by the court to be paid by the person under a legal disability.

[Regulation 65 amended: SL 2022/100 r. 41.]

66. Clerk’s powers

A clerk may exercise the powers of the court under regulations 64(2) and 65.

[Regulation 66 amended: SL 2022/100 r. 42.]

67. Settlement of claims by or against person under legal disability

(1) The settlement of a case in which there is a claim by or against a person under a legal disability is not valid unless the court approves it.

(2) The court may approve such a settlement and may do so on any reasonable and necessary terms.

[Regulation 67 amended: SL 2022/100 r. 43.]

Part 12 — Miscellaneous

68. Form of affidavit

An affidavit must be in the court‑approved form.

[Regulation 68 amended: SL 2022/100 r. 47.]

69. Availability of forms

The court must make court‑approved forms available —

(a) at the court’s registry;

(b) on request, by post; and

[Regulation 69 amended: SL 2022/100 r. 44.]

70. Fees for obtaining documents

A person who wants to obtain a document from the court must pay the fee set out opposite the document in Schedule 1 Division 2.

[Regulation 70 amended: SL 2022/100 r. 48.]

71. Requirements on parties may be carried out by certain persons

(1) In this regulation —

party includes a litigation guardian conducting a case on behalf of a party who is a person under a legal disability.

(2) When under these regulations a party is required or enabled to sign a document, attend a conference or hearing, or do something else personally and —

(a) the party is a corporation — then an officer of the corporation who is authorised by the corporation to do the thing may do it;

(b) the party is a public authority that is not a corporation —then an officer of the public authority who is authorised by the public authority to do the thing may do it.

72. Practice directions

The Chief Magistrate from time to time may issue, amend or cancel directions (a practice direction) about the practice or procedure to be followed in the court and its registry.

[Regulation 72 amended: SL 2022/100 r. 45.]

73. Review of a decision of the clerk

(1) If a party objects to a decision of the clerk under these regulations, the party may, within 5 working days after the decision, make an application for a review of the decision.

(2) The court may hear an application under subregulation (1) in the absence of another party.

(3) The court may affirm, vary or set aside the decision as the court considers necessary for the just and expeditious hearing and determination of the case.

[Regulation 73 amended: SL 2022/100 r. 46.]

74. Repeal and savings

(1) The Industrial Magistrates’ Courts (General Jurisdiction) Regulations 2000 are repealed.

(2) Subject to subregulation (3), an action under the repealed regulations subsisting immediately before the commencement day may be continued as if the repealed regulations had not been repealed.

(3) A final order under the repealed regulations is enforceable as if it were a judgment under these regulations, whether the order was made before or after the commencement day.

(4) In this regulation —

commencement day means the day on which these regulations come into operation;

repealed regulations means the regulations repealed by subregulation (1).

Schedule 1 — Fees

[r. 43 and 70]

Division 1 — Lodgment fees

Document	Fee
Claim	$40.00
Application	$10.00
Witness summons	$6.00
Any other document	$5.00

Division 2 — Fees for obtaining documents

Document	Fee
Photocopy of a document	$1.00 per page
Transcript of a hearing	$4.00 for the first page and $1.00 per subsequent page, subject to a minimum of $13.00 per transcript

View image in the official source

Notes

This is a compilation of the Industrial Magistrates Courts (General Jurisdiction) Regulations 2005 and includes amendments made by other written laws. For provisions that have come into operation see the compilation table.

Compilation table

Citation	Published	Commencement
Industrial Magistrates Courts (General Jurisdiction) Regulations 2005	15 Apr 2005 p. 1231-74	1 May 2005 (see r. 2 and Gazette 31 Dec 2004 p. 7128)
Industrial Magistrates Courts (General Jurisdiction) Amendment Regulations 2012	31 Jul 2012 p. 3683‑7	r. 1 and 2: 31 Jul 2012 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Aug 2012 (see r. 2(b))
Industrial Relations Regulations (Consequential Amendments) Regulations 2022 Pt. 2	SL 2022/100 17 Jun 2022	20 Jun 2022 (see r. 2(b))

Defined terms

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined term Provision(s)

application 4

case 4

Chief Magistrate 4

CILSLP Board 4

CIPPLSL case 4

claim 4

claimant 4

commencement day 74(4)

corporation 4

counterclaim 4

court 4

court-approved form 4

deal with 4

default judgment 4

document 4

judgment 4

lodge 4

officer 4

order 4

originating claim 4

party 4, 71(1)

person under a legal disability 4

practice direction 4, 72

pre-trial conference 4

public authority 4

repealed regulations 74(4)

representative 4

respondent 4

response 4

serve 4

settle 4

working day 4

Western Australia

Industrial Relations Act 1979

Industrial Magistrate’s Court (General Jurisdiction) Regulations 2005

Western Australia

Industrial Magistrate’s Court (General Jurisdiction) Regulations 2005

Contents

Part 1 — Preliminary

Citation 1
Commencement 1
Application of these regulations 1
Terms used 2

Part 2 — Court’s functions generally

Court’s duties in dealing with cases 5
Court may act on its own initiative 5
Court’s powers to control and manage cases 6
Court’s powers to deal with default by party 8
Procedural orders may be made conditional 8
Use of experts 9
Court’s power to order costs 9
Court’s power to order payment of interest 9

Part 3 — Making and responding to claims

Making claim or counterclaim 11
Response to claim 11
Party may discontinue claim 12

Part 4 — Pre‑trial conferences

16A. Application of Part 13

Listing a pre‑trial conference 13
Pre‑trial conference, purpose of 13
General duties and powers of clerk at pre‑trial conference 13
Orders for proceedings in complex or exceptional cases 14
Attendance at a pre‑trial conference 14
Failure to comply with order 14
Listing the case for further pre‑trial conference or trial 15
Status of things said or done at pre‑trial conference 15

Part 5 — Proceedings in exceptional or complex cases

Division 1 — Disclosure of documents

Disclosing documents 16
Objection to disclosure of documents 16

This regulatory scheme is structured around a small set of recurring procedural concepts that determine how cases flow through the Industrial Magistrate’s Court. The main concepts are:

Case control and proportionality: The court’s duty is framed in terms of achieving justice by efficiency, economy and expedition, and a number of management powers are expressly designed to achieve those ends (reg 5; reg 7). Practical levers include extending or shortening time, staying or consolidating matters, trying multiple matters together, limiting witnesses or time at trial, and ordering separate trials on preliminary issues (reg 7(1)(a)-(j), (o)). These powers can be exercised on application or on the court’s own initiative (reg 6).
Clerk‑led pre‑trial case management: The clerk has a central role in the early management of cases under Part 4. A clerk must list a case for a pre‑trial conference as soon as practicable after a response is lodged (reg 16). At that conference the clerk must explain practice and procedure to unrepresented parties, assist settlement attempts, and may order disclosure, inspection, and answers to interrogatories where the clerk is satisfied the case is complex or exceptional (reg 18-19). The clerk’s orders become enforceable as court orders for default judgment purposes (reg 21(3)) and can be reviewed by the court (reg 73).
Special handling for CIPPLSL cases: The regulations treat CIPPLSL cases as procedurally distinct. Pre‑trial conferencing does not apply (reg 16A). Originating claims must not be served until the clerk has recorded the date of initial hearing (reg 13(3A)). At the initial hearing the court can determine how the material must be presented, set dates, and may make orders that conclude the trial (reg 35A).
Disclosure and evidence facilitation in complex cases: For cases marked complex or exceptional, the clerk may require parties to disclose documents, permit inspection of property, answer interrogatories, and respond to invitations to admit facts (reg 19; regs 24-33). A party that fails to disclose a document cannot use it at trial unless ordered otherwise (reg 24(4)). Objections are limited to privilege, inadmissibility, relevance, practicality, harassment, vexatiousness, and other specified grounds (regs 25, 31).
Electronic process and deemed consent: The court publishes a website for electronic lodgment (reg 46(2)). Documents can be lodged electronically subject to constraints (reg 46), and documents may be served by email or fax where the party provides such details (reg 57). Providing an email or fax number is treated as consenting to service by that mode (reg 57(4)). Special rules apply to signatures on electronically lodged documents and affidavits, and an undertaking to retain the paper original is required where an affidavit is lodged electronically (reg 46(4)-(6)).
Enforcement devices and remedies: Default judgment is available against a party that fails to comply with regulations or court orders, subject to set aside (reg 8; reg 41). Costs are only available in non‑statutory penalty cases where the court finds a claim was frivolously or vexatiously instituted or defended (reg 11). Interest on monetary awards is generally authorised and the court must order interest in certain penalty contexts (reg 12). Witness summons practice imposes personal service and a duty on the party issuing a summons to tender likely reasonable expenses for attendance (reg 37).
Forms, fees and administrative rules: The Chief Magistrate approves court forms and may issue practice directions (regs 4, 72). Schedule 1 fixes lodgment fees and fees for obtaining documents, and refusal to accept documents leaves them as not lodged (regs 43, 49; Schedule 1).

These concepts create a framework where procedural compliance, early managerially imposed disclosure, and technology‑enabled lodgment and service shape litigation costs and the distribution of litigation risks across parties. The regulations emphasise administrative speed and minimal evidentiary formality (reg 35(4)), while preserving mechanisms for judicial intervention and review.

The regulations affect a range of persons and entities involved in proceedings in the Industrial Magistrate’s Court exercising its general jurisdiction. The primary categories are:

Claimants and respondents (parties to a case): Any person commencing or defending a matter in the court must comply with these rules when making claims, responses, or applications (regs 13-15, 61-62). Time limits for lodging and serving originating claims (reg 13(2)), response deadlines (reg 14), and procedural obligations at pre‑trial conferences (Part 4) apply directly to litigants.
Representatives and legal practitioners: A representative lodging documents must provide their name, address and telephone number in lodged documents (reg 52(2)), must use a business email or fax for service if practising in a firm (reg 57(3)), and is bound by the court’s rules on forms and practice directions (reg 72). Where a representative is involved, service by email or fax at the business address is treated as consent to service (reg 57).
Corporations and officers: Corporations are included in defined terms referencing the Corporations Act 2001 (reg 4). When a corporation is a party, authorised officers may carry out required actions on behalf of the corporation (reg 71(2)(a)). Service on a corporation is governed by reg 55 and includes delivery to a director, manager or secretary, or to a principal place of business in specified circumstances.
Persons under a legal disability and their litigation guardians: The regulations identify persons under 18 years and represented persons under the Guardianship and Administration Act 1990 as persons under legal disability (reg 4). Such persons may conduct cases in their own right, subject to exceptions where a guardian or administrator must act (reg 63-64). The court must appoint a litigation guardian if a person under legal disability is not competent to conduct a case (reg 65), and that guardian is liable for costs the court orders against the protected person (reg 65(3)).
Public authorities: The regulations provide specific service rules for public authorities that are not corporations (reg 54) and define public authority by reference to the Public Sector Management Act 1994 (reg 4). Officers authorised by a public authority may perform actions required under the rules (reg 71(2)(b)).
Witnesses and third parties: Persons required to attend or produce evidence by a witness summons are affected by service rules and by the requirement that reasonable expenses for attending be tendered (reg 37). Persons summoned may apply to set aside the summons and the court may do so for a range of reasons (reg 38).
The court registry, clerks and the Chief Magistrate: The Chief Magistrate has administrative powers to approve forms and issue practice directions (regs 4, 72). Clerks are empowered to list matters for pre‑trial conferences, to conduct those conferences and to make orders in complex or exceptional cases (Part 4; reg 19). Clerk decisions have operational effect and can be reviewed by the court within specified timeframes (reg 73).
Construction industry parties for CIPPLSL matters: Parties involved in proceedings under section 83E of the Industrial Relations Act in respect of civil penalty provisions specified under the Construction Industry Portable Paid Long Service Leave Act 1985 are specifically affected. CIPPLSL cases are excluded from Part 4 (reg 16A), must satisfy special service/initial hearing formalities (reg 13(3A); reg 35A), and have adapted setting aside processes (reg 41(3)).
All prospective litigants who intend to use electronic modes: any party choosing to lodge or be served electronically must comply with the signature rules and undertakings for electronic affidavits, and be conscious that providing an email or fax number is treated as consent to those modes of service (regs 46, 57).

Who pays and who decides: parties pay lodgment fees and fees for copies and transcripts as set in Schedule 1 (reg 43; Schedule 1). The court (including clerks, subject to review) makes case management decisions under the rules; the Chief Magistrate authorises forms and practice directions (regs 72; 4).

In sum, the regulations allocate procedural obligations across almost every actor involved in litigation in the Industrial Magistrate’s Court: claimants, respondents, representatives, corporations, public authorities, witnesses and administrative officers in the registry.

This section lists the principal duties imposed on parties, clerks and other actors by the regulations, and the principal procedural rights and protections provided.

Principal duties:

Duty to lodge and serve claims and responses according to prescribed forms and timeframes: Originating claims must be lodged on a court‑approved form and served within 30 days (extendable to 60 with clerk approval) after lodgment (reg 13(1)-(2)). Responses must be completed on the form included with the claim and lodged and served within the time limits set by reg 14 (reg 14(1)-(2); reg 14(3A) for CIPPLSL cases).
Duty to comply with pre‑trial and clerk orders: A party must attend pre‑trial conferences in person (reg 20) and comply with clerk orders around disclosure, inspection and interrogatories where the clerk is satisfied such orders are necessary in complex or exceptional cases (reg 18-19). Failure to comply with clerk orders permits the clerk to list the matter before the court and allows default judgment consequences (reg 21).
Duty to produce disclosed documents and to have them available at trial: Where disclosure is ordered under reg 19(1)(a), the party must lodge and serve a list of documents and must have any disclosed document available at trial (reg 24(1), (4); reg 27).
Duty to serve documents properly and to file proof of service: Where service is required, the party must serve a copy returned after lodgment bearing the seal of the court on each other party, and must lodge an affidavit of service stating when, where, how and by whom service was effected (regs 50; 56).
Duty to comply with witness summons procedure: A party issuing a witness summons must serve it personally at least 14 days before trial and must tender an amount likely to meet reasonable expenses for attendance or make other arrangements to enable attendance (reg 37(1)-(4)).
Duty to observe electronic document rules: If lodging documents electronically, parties must adhere to website requirements, signature rules and, if lodging an affidavit electronically, lodge an undertaking that they have possession of the signed paper version and will retain it subject to court order (reg 46(3)-(6)).

Principal rights and protections:

Right to have clerk decisions reviewed by the court: A party may apply for review of a clerk’s decision within 5 working days (reg 73).
Right to be heard before the court exercises powers on its own initiative in some circumstances: The court may make an order on its own initiative with or without allowing submissions; if it decides to allow submissions or to hear the parties before making the order it must notify affected parties of how and when submissions will be made or of the hearing’s time and place (reg 6(2)-(4)).
Rights attached to settlement communications: Pre‑trial conferences are private, and communications or attempts to settle are without prejudice to evidence or submissions in the proceedings; such communications do not disqualify the clerk from later dealing with the case (reg 23).
Right to set aside witness summons and default judgments: Persons served with a witness summons may apply to set it aside; the court may set it aside if the person lacks relevant evidence, cannot be lawfully compelled, or for other good reasons (reg 38). A party may apply within 14 days to set aside a default judgment (reg 41(1)).
Right to limit costs exposure: The court’s power to award costs is narrowly circumscribed. In most cases under specified sections of the Act (s 77, 83, 83A, 83B or 83E), the court cannot award costs (reg 11). Where costs are available, they are only available where a case has been frivolously or vexatiously instituted or defended.
Right to rely on non‑strict evidence rules: The court is not bound by the rules of evidence and may inform itself on any matter and in any manner as it thinks fit, which may benefit parties in evidentiary presentation though it also increases judicial discretion (reg 35(4)).
Right to obtain forms and practice directions: The court must make court‑approved forms available at the registry, by post on request and electronically on the court website (reg 69). The Chief Magistrate may issue practice directions (reg 72).

These duties and rights create a procedural environment where compliance with time limits, form requirements and clerk directions is central. Several duties (service, disclosure, witness obligations and electronic undertakings) impose evidentiary and transactional costs on parties that are actionable through default judgment, refused lodgment, or refusal to admit evidence at trial for undisclosed documents (reg 24(4), reg 7(1)(p)).

The regulations provide procedural enforcement mechanisms and limited monetary consequences for non‑compliance. They do not create new substantive criminal offences in the text provided, but they do enable a set of procedural penalties and enforcement devices:

Default judgment for non‑compliance: If a party does not comply with the regulations or a court order, the court may give default judgment against the party (reg 8(2)). The regulation clarifies that default judgment includes dismissal for want of service without consideration of merits (reg 4 defined term). The court may set aside a default judgment and do so on any conditions it thinks fit (reg 8(3)).
Clerk orders deemed court orders for enforcement purposes: Orders of the clerk under Part 4 are taken to be orders of the court for the purpose of the court exercising its powers under the default judgment provision (reg 21(3)). That operationalises enforcement against parties who ignore clerk directions.
Limited costs regime: The court’s power to order costs is tightly limited. In cases other than specified sections (77, 83, 83A, 83B or 83E of the Act), the court may award costs only if, in the court’s opinion, a party has frivolously or vexatiously instituted or defended a case (reg 11). That restricts routine exposure to adverse costs and concentrates the risk of costs on behaviour the court considers abusive.
Interest on monetary orders: The court may order payment of interest on money awarded, generally using the rate prescribed under the Civil Judgments Enforcement Act 2004 s 8(1)(a), and must, unless good cause is shown otherwise, order interest under s 83A penalty orders from the date when the cause of action arose to the date of the order (reg 12). The court may calculate interest on aggregated sums as it sees fit (reg 12(2)). Interest thus serves as a monetary enforcement lever.
Fees and refusal to accept documents: The court charges lodgment fees (Schedule 1 Division 1) and fees for obtaining documents (Schedule 1 Division 2). If a clerk refuses to accept a document, it is taken not to have been lodged (reg 49(1)); for electronically or faxed refusals, the court must notify the party of refusal (reg 49(2)). A failure to lodge properly can generate procedural non‑compliance that in turn can lead to default outcomes under reg 8.
Witness summons enforcement mechanics: The regulations require personal service of witness summonses (reg 37(2)). The issuing party must tender reasonable expenses or make arrangements to enable attendance (reg 37(3)-(4)). A person summoned may apply to set aside the summons and the court may set it aside where the person has no relevant evidence, cannot be lawfully compelled, or other good reasons (reg 38).
Refusal to admit evidence for failure to disclose: The court may refuse to admit into evidence a document that a party has deliberately not disclosed or provided in accordance with these regulations (reg 7(1)(p)). Also, reg 24(4) expressly prevents a party from using as evidence a document not disclosed when disclosure was ordered.
Review of clerk decisions: Parties can apply for review of clerk decisions within 5 working days; the court may affirm, vary or set aside the clerk’s decision as necessary for the just and expeditious hearing of the case (reg 73). This provides an internal remedial route rather than immediate external appeal.

What these enforcement mechanisms do not do, within the text provided, is create criminal sanctions or express fines for non‑compliance with individual procedural rules. Enforcement is primarily civil and procedural: default judgment, exclusion of evidence, interest awards, and costs in limited circumstances. The distribution of enforcement power leans heavily on the court and clerks exercising managerial discretion under the stated duty to ensure cases are dealt with justly, efficiently and expeditiously (reg 5). That discretion can translate into concrete costs and outcomes for parties who fail to comply, including having claims dismissed or evidence excluded.

The regulations are not freestanding. They operate by reference to, and interact with, a number of primary statutes and external instruments. The key statutory interactions and cross‑references in the text are:

Industrial Relations Act 1979 (WA): The regulations sit under the Industrial Relations Act 1979 as procedural rules for the Industrial Magistrate’s Court’s general jurisdiction (noted at the top and implicitly throughout). Several provisions reference specific sections of the Act when delimiting court powers and case types, notably sections 77, 83, 83A, 83B, 83E and 81CA(1) as cited in definitions and in the scope of costs exclusions (reg 4; reg 11).
Construction Industry Portable Paid Long Service Leave Act 1985 (CIPPLSL Act): The regulations create special procedural rules for CIPPLSL cases, defined as cases involving the court’s jurisdiction under s 83E of the Industrial Relations Act in respect of provisions of the CIPPLSL Act specified as civil penalty provisions (reg 4). Those interactions include excluding CIPPLSL cases from Part 4 pre‑trial conferrals (reg 16A), requiring the clerk to record an initial hearing date before service of originating claims in CIPPLSL matters (reg 13(3A)), and prescribing an initial hearing procedure (reg 35A).
Magistrates Court Act 2004 (WA): The regulations rely on definitions of the Chief Magistrate and on delegation references. The court’s use of experts is expressly subject to section 37 of the Magistrates Court Act 2004 (reg 10(4)). The Chief Magistrate’s role in approving forms and issuing practice directions is consistent with administrative roles in the Magistrates Court framework (reg 4; reg 72). Earlier definitions of Chief Magistrate cite the Magistrates Court Act 2004 Schedule 1 clauses (reg 4).
Guardianship and Administration Act 1990 (WA): The concept of a represented person and the rules for persons under legal disability draw directly from the Guardianship and Administration Act 1990. Where a guardianship or administration order confers authority to conduct legal proceedings, the guardian or administrator must conduct the litigation (reg 64). The court may request the Public Advocate to investigate competency issues under that Act (reg 64(2)).
Corporations Act 2001 (Cth): The regulations use the Corporations Act 2001 to define "corporation" and "officer" (reg 4) and to provide for service in accordance with s 109X of the Corporations Act where relevant (reg 55(3)(c)). Those cross‑references import federal company law definitions and certain service rules.
Public Sector Management Act 1994 (WA): The term "public authority" is defined by reference to the Public Sector Management Act 1994 s 5, and service rules for public authorities follow that definition (reg 4; reg 54).
Civil Judgments Enforcement Act 2004 (WA): Interest rates for monetary awards default to the rate prescribed under the Civil Judgments Enforcement Act 2004 s 8(1)(a) unless otherwise ordered by the court (reg 12).
Evidence Act 1906 (WA): The definitions of audio link and video link which are referenced as acceptable modes for hearings are those defined in the Evidence Act 1906 s 120 (reg 7(1)(k)).
Courts Legislation Amendment and Repeal Act 2004: The commencement of these regulations is bound to the commencement of the Courts Legislation Amendment and Repeal Act 2004 (reg 2).

Operational implications of these interactions:

Procedural requirements are layered onto substantive regimes: For CIPPLSL and civil penalty matters under the Industrial Relations Act and CIPPLSL Act the regulations alter procedural steps, creating additional timing and initial hearing requirements (regs 13, 16A, 35A). Practitioners must align the procedural requirements here with substantive penalty provisions in the primary Acts.
Definitions and service regimes may import federal concepts: The use of Corporations Act definitions for corporation and officer means that corporate parties may be subject to service mechanisms consistent with federal company law practice, including electronic service under Corporations Act s 109X where applicable (reg 55(3)(c)).
Evidence and expert rules are influenced by other Court Acts: The court’s capacity to use experts links to the Magistrates Court Act 2004, and the Evidence Act 1906 definitions broaden modes of hearing, affecting how evidence is collected and delivered (reg 10; reg 7(1)(k)).
Guardianship and litigation competency are coordinated with guardianship law: The regulation’s requirement that a guardian or administrator conduct litigation when their order confers that function aligns procedural capacity with the protective framework in the Guardianship and Administration Act 1990 (reg 64).

Compliance therefore requires practitioners to be alert to cross‑document obligations: a procedural choice under these regulations can trigger obligations under the Corporations Act, the Magistrates Court Act, the Civil Judgments Enforcement Act, the Evidence Act, or the Guardianship Act. The regulations presuppose that parties will observe not only their technical requirements but also the substantive statutes those requirements reference.

The text is a compiled version of the Industrial Magistrate’s Court (General Jurisdiction) Regulations 2005 and records several amendments. The compilation table and amendment notes in the instrument show the timeline and the nature of subsequent changes. Based on the instrument:

Original enactment: Industrial Magistrates Courts (General Jurisdiction) Regulations 2005 were published on 15 April 2005 and commenced on 1 May 2005 (reg 2; compilation table). These regulations replaced the 2000 regulations by virtue of reg 74(1), which repealed the Industrial Magistrates’ Courts (General Jurisdiction) Regulations 2000.
2012 Amendment Regulations: The Industrial Magistrates Courts (General Jurisdiction) Amendment Regulations 2012 were published 31 July 2012; commencement for most regulations was 1 August 2012 (compilation table). The 2012 amendments (expressly noted across the body of the text) inserted or amended provisions including: reg 16A (Part 4 not applying to CIPPLSL cases), reg 35A (initial hearing for CIPPLSL cases) and several changes to pre‑trial and disclosure provisions. The Gazette references show textual amendments and insertion of CIPPLSL‑specific procedures (see multiple "Gazette 31 Jul 2012" amendment annotations throughout the instrument).
2022 Consequential Amendments: The Industrial Relations Regulations (Consequential Amendments) Regulations 2022, SL 2022/100, published and commenced 20 June 2022, amended many individual regulations. The instrument shows SL 2022/100 r. references across the text, indicating numerous technical and procedural updates (for example, reg 1, reg 3, reg 4, reg 5, reg 6, reg 7, reg 8, reg 9, reg 10, reg 11, reg 12, reg 13, etc). The 2022 instrument appears to have modernised or clarified several operational matters including registrar/Chief Magistrate references, electronic lodgment and service rules, and alignment with the Magistrates Court Act 2004.
Specific repeals and savings: Reg 74 explicitly repealed the 2000 Regulations and preserved actions under the repealed regulations that subsisted immediately before commencement (reg 74(1)-(3)). The definition of "commencement day" is given in reg 74(4).
Textual amendments within the regulations: Across the body of the regulations, amendment annotations indicate which provisions were amended by the 2012 and 2022 instruments. For instance, reg 16A, reg 35A and multiple procedural and clerical changes carry amendment notes pointing to Gazette 2012 and SL 2022/100.

What the amendment history shows realistically:

Iterative modernisation and specialisation: The 2012 amendments introduced CIPPLSL‑specific procedures that carve out different management pathways for construction industry long service leave civil penalty matters. The 2022 amendments appear to be consequential amendments which modernise references and operationalise electronic processes (based on the many r. SL 2022/100 notes), though the compiled text should be read for precise changes.
Repeals and savings were anticipated at the instrument’s commencement: Reg 74 provided transitional continuity by allowing pending actions under the repealed regulations to proceed and by treating prior final orders as enforceable under these regulations.

For a practitioner or researcher tracking legislative change, the primary sources to consult for the precise wording changes and their legislative intent are the original 2005 regulations, the 2012 amendment instrument published in the Gazette (31 Jul 2012), and SL 2022/100. The instrument itself annotates where specific clauses were amended and cites the amendment instruments; for any interpretive or compliance question it is appropriate to inspect the amending instruments' texts and, where necessary, any explanatory materials accompanying those instruments.

The compiled instrument provided contains no case references and does not record judicial decisions interpreting its provisions. The regulations themselves do not cite any reported litigation and the notes and compilation table list only the instruments and amendment history. Therefore based solely on the text provided:

There is no litigation history recorded within the regulations document. No judicial authorities are named or summarised in the text, and no sample decisions are reproduced.
The absence of stated litigation history in the instrument does not mean there is no judicial interpretation of these provisions. To locate decisions that interpret or apply these regulations, the following research steps are necessary:
- Search WA decisions databases for reported or unreported judgments of the Industrial Magistrate’s Court, Magistrates Court or other appellate courts in matters involving the Industrial Magistrate’s Court and referencing these regulations.
- Search for reported decisions that cite individual provisions such as reg 7 (case management powers), reg 24 (disclosure), reg 35(4) (non‑binding rules of evidence), reg 37-39 (witness summons procedures), and reg 46-47 (electronic and fax lodgment rules), because these are the operational provisions most likely to generate disputes over procedure, admissibility and fairness.
- Inspect decisions concerning CIPPLSL cases for applications of reg 13(3A), reg 16A, and reg 35A given the instrument’s special regime for these matters.
Procedural friction points likely to have generated litigation or judicial comment: Based on the text, areas that typically produce jurisprudence in other jurisdictions include the exercise of managerial powers to limit witnesses and trial length (reg 7(1)(o)), the admission or exclusion of undisclosed documents (reg 7(1)(p); reg 24(4)), the scope of clerk powers and the standard of review for clerk decisions (reg 18-19; reg 73), and setting aside default judgments (reg 8; reg 41). The regulation that the court is not bound by rules of evidence (reg 35(4)) also invites interpretive issues about fair trial standards and the admissibility of particular materials.
If users require a catalogue of authorities applying these regulations, targeted case law searches in WA legal databases (LawCite, AustLII, JADE) using keywords like "Industrial Magistrate’s Court", "Industrial Relations Regulations", "pre‑trial conference", "default judgment", "disclosure", "CIPPLSL", and specific regulation numbers will be necessary. A search of appellate courts’ decisions will show if and how the exercise of discretion under these regulations has been reviewed.

In short, the regulations themselves contain no litigation history. Practical legal research will be required to discover how courts have interpreted and applied the procedural rules, particularly in the areas highlighted above.

The regulations contain a number of practical traps and high‑risk compliance points that practitioners and parties must watch closely. Each "gotcha" below cites the relevant regulation(s) and explains the concrete mechanism by which risk arises.

Deemed consent to email or fax service: Providing an email address or fax number under reg 57 is taken as consent to service by that mode (reg 57(4)). Once provided, the party is treated as having accepted service electronically. If a party uses an unreliable email address or a shared business address without safeguards, documents served by email or fax are treated as served and time runs under reg 60. There is no automatic "did you receive it?" safety net.
Electronic affidavits require an undertaking and retention of the signed paper original: Affidavits lodged electronically must include an undertaking that the party has, and will retain, the signed paper version (reg 46(6)(b)). Failure to retain the original can expose the lodging party to orders to produce the original or to evidentiary attack.
Signature rules differ for electronic lodging versus service: If a document is required to be signed by a person who is not the party or not acting on behalf of the party, it cannot be lodged electronically unless it is an affidavit (reg 46(4)). For other electronic lodgments, the electronic version need not show a signature but must state the name of the person whose signature is required (reg 46(5)). Practically, this means some documents cannot be fully completed online and require a paper original.
CIPPLSL procedural specialities: CIPPLSL cases are excluded from Part 4 pre‑trial conferences (reg 16A), and the originating claim for a CIPPLSL case must not be served unless the clerk has recorded the date for the initial hearing under reg 35A (reg 13(3A)). Serving too early can be procedurally defective. Also, at initial hearing the court may make orders concluding the trial (reg 35A(2)), which can accelerate exposure to substantive consequences.
Time and service deadlines: Responses to claims have tight timeframes,21 days if within 1 000 km, 28 days if beyond (reg 14(1)(a)-(b)) and service of response within 14 days after lodging (reg 14(2)). Originating claims must be served within 30 days of lodgment unless clerk authorises 60 days (reg 13(2)). Miscalculating these days or dealing with time zone/working day rules can lead to default judgment risk.
Default judgment consequences and brief window to set aside: Default judgment can be entered for failure to comply (reg 8). A party may apply to set aside default judgment within 14 days after it was given (reg 41(1)). Missing that window weakens a party’s procedural relief.
Clerk orders are enforceable and reviewable but still risky: Orders made by clerks under Part 4 are taken to be orders of the court for the purpose of default judgment enforcement (reg 21(3)), and may require disclosure, interrogatories and inspection (reg 19). While a party can seek court review of a clerk’s decision within 5 working days (reg 73), failing to seek prompt review or to comply while the review is pending can produce adverse consequences.
Document not disclosed cannot be used at trial unless ordered otherwise: Where a clerk orders disclosure, a party who fails to list or produce a document loses the ability to use it at trial unless the court orders otherwise (reg 24(4)). This is a substantive evidentiary penalty for procedural non‑disclosure.
Witness summons obligations: A witness summons must be personally served at least 14 days before trial (reg 37(1)-(2)), and the party issuing the summons must tender reasonable expenses or make arrangements for attendance (reg 37(3)-(4)). Failure to comply with the tender requirement risks the summons being set aside (reg 38).
Fax lodgment and page limit: Documents longer than 20 pages including attachments and cover sheet must not be lodged by fax; a document received in breach is taken not to have been lodged (reg 47(4)). Parties relying on fax must comply strictly with cover sheet requirements and retain transmission reports and originals endorsed as fax originals (reg 47(5)-(6)).
Electronic/time‑of‑day cutoffs: A document lodged electronically or by fax is taken to be lodged only if the whole document is received before 4.00 p.m. on a business day, otherwise lodged on the next business day (reg 46(7); reg 47(7)). Similarly, service by email or fax is taken to occur at 5.00 p.m. cutoffs under reg 60. Late transmissions can change filing and limitation periods.
Limited costs exposure may encourage tactical behaviour: Because costs are only available where the court finds frivolous or vexatious conduct (reg 11), parties may be incentivised to litigate issues in borderline ways, increasing costs for the other side. The regulation constrains exposure to adverse costs awards but does not prevent other procedural sanctions.
Forms and content requirements are mandatory: Many procedures require court‑approved forms (reg 4, reg 29, reg 32, reg 68). Using incorrect or incomplete forms risks refusal to accept documents (reg 49) and the document being taken as not lodged.
Affidavit and practice direction formality: Affidavits must be in the court‑approved form (reg 68), and practice directions may add further registrarial requirements (reg 72). Not following a practice direction can create non‑compliance exposure.
Deemed service on corporations and public authorities: Service rules for corporations and public authorities differ from natural persons (regs 54-55). Failure to follow the specific regime,delivering to a director, manager or secretary, or to the principal place of business, or using Corporations Act s 109X,can lead to want of service and dismissal.

Practitioners must control administrative details closely: correct forms, careful calculation of working days, verified email/fax addresses, retention of paper originals for electronic affidavits, and compliance with clerk directions. The regulations create low‑cost procedural thresholds that can produce high stakes outcomes if ignored.

This compliance guide sets out actionable steps and a practical checklist for parties, representatives and court users to reduce procedural risk. Citations to the relevant regulations are provided so practitioners can verify the requirements.

Pre‑filing and lodging

Use court‑approved forms: Check reg 4 and reg 68 and obtain the correct court‑approved form for claims, responses, applications, affidavits, notices of discontinuance and other specified filings. The court must make forms available at the registry, by post on request and on its website (reg 69).
Pay lodgment fees: Lodge the correct fee with the document based on Schedule 1 Division 1 (reg 43; Schedule 1). Failure to pay may lead to refusal to accept the document (reg 49).
Electronic lodgment rules: If lodging electronically via the court website, ensure the filing complies with the court’s published website requirements and the reg 46 rules. Affidavits lodged electronically must state the name where a signature would appear and must be accompanied by an undertaking that the lodging party has the signed paper version and will retain it (reg 46(5)-(6)). Avoid lodging electronically documents that require signatures by third parties unless permitted.
Fax lodgment constraints: If lodging by fax, ensure the total document including attachments and cover sheet is 20 pages or fewer (reg 47(4)). Use the published fax number and include the required cover sheet details (reg 47(2)-(5)). Retain the fax transmission report and endorse the original document as a faxed original with date and time (reg 47(6)).

Service and resulting proof

Serve returned sealed copies: When the regulations require service, serve a copy returned after lodgment bearing the court seal (reg 50). This provides proof that the document was lodged and in some cases triggers service duties.
Choose and verify service mode: For natural persons service can be personal, to the address for service, or where no address is provided by leaving at usual or last known residence/business (reg 53(2)-(3)). For corporations serve a director, manager or secretary or use the Corporations Act mechanism if applicable (reg 55). For public authorities follow reg 54.
Email and fax consent is binding: Recognise that providing an email or fax number under reg 57 is taken as consent to service by that mode (reg 57(4)). Use verified and monitored email addresses; for representatives, provide the business email/fax, not a personal address (reg 57(3)). Note the time-of‑service rules: documents sent before 5.00 p.m. on a working day are treated as served on that day, otherwise on the next working day (reg 60).
File affidavits of service promptly: An affidavit of service stating when, where, how and by whom service was effected must be lodged (reg 56). If a process server or other person effected service, ensure they complete the affidavit.

Pre‑trial case management and disclosure

Expect a pre‑trial conference unless the claim is wholly admitted or in a CIPPLSL case: The clerk must list the case for pre‑trial conference as soon as practicable after a response is lodged (reg 16). Attend in person and bring authorised representatives (reg 20).
Prepare outlines and witness statements if ordered: The clerk may order the lodging and exchange of outlines of cases, witness statements and copies of records intended to be used at trial (reg 18(2)). Where ordered, comply within the period specified.
Be ready to disclose documents in complex or exceptional cases: If the clerk orders disclosure under reg 19(1)(a) prepare and lodge a list of documents and produce documents as ordered. Remember reg 24(4): undisclosed documents may not be used at trial unless the court orders otherwise.
Use objections sparingly and appropriately: Objections to disclosure may be raised on privilege or inadmissibility (reg 25). Objections to interrogatories are limited to the grounds in reg 31. Grounds like irrelevance, impracticability, harassment and vexatiousness are enumerated.

Trial preparation and witnesses

Comply with witness summons timing and expense obligations: If a witness summons is needed, lodge and serve it personally at least 14 days before trial and provide or make arrangements for reasonable expenses for attendance (reg 37(1)-(4)). Retain and file evidence of how expenses were tendered as the server must record compliance (reg 37(5)-(6)).
Produce evidentiary material before trial if allowed: If a summons requires material but not evidence, deliver the material and a list describing it to the court at least 2 clear working days before trial (reg 39).
Prepare for less formal evidentiary approach: The court is not bound by strict rules of evidence (reg 35(4)). Present documents and be ready to explain relevance and admissibility, but also take care to comply with disclosure orders to avoid exclusion of materials.

Applications, interlocutory steps and practice directions

Use court‑approved forms and supporting affidavits for applications: Written applications must be on court‑approved forms and accompanied by supporting affidavits unless leave is given to make the application orally (reg 61). Serve written applications and affidavits at least 2 clear working days before the hearing (reg 62(1)).
Monitor practice directions: The Chief Magistrate can issue practice directions about practice and procedure (reg 72). Check the court’s registry and website for any practice directions affecting your matter.

Clerk decisions and review

If aggrieved, apply promptly for review of clerk decision: A party must apply within 5 working days for review of a clerk’s decision under reg 73(1). The court can hear the application in the absence of another party and may affirm, vary or set aside the clerk’s decision (reg 73(2)-(3)).

Electronic compliance and record keeping

Retain signed originals: For electronic affidavits, retain the signed paper originals and be prepared to produce them on order; include the required undertaking with the electronic lodgment (reg 46(6)).
Keep transmission records for faxes: For fax lodgments retain the transmission report evidencing successful transmission and endorse originals as faxed originals with date and time (reg 47(6)). The court may direct production of these materials.

Costs exposure and strategy

Be aware of the limited costs regime: Costs are not routinely awarded but can be where a case is frivolous or vexatious (reg 11). Manage conduct to avoid the high threshold for adverse costs and be put on notice that vexatious conduct risks exposure.

Special CIPPLSL steps

For CIPPLSL matters, do not serve until the clerk records an initial hearing date: Observe reg 13(3A) and the exclusion of Part 4 pre‑trial conferences (reg 16A). Prepare for the initial hearing under reg 35A, where the court may set presentation requirements and hearing dates and may conclude the trial at the initial hearing.

Checklist summary (practical flow)

Identify whether the matter is a CIPPLSL case (reg 4, reg 16A).
Choose and complete the correct court‑approved form for claim or response (regs 13-14; reg 69).
Pay the correct lodgment fee (reg 43; Schedule 1).
Lodge with court via authorised mode , hand, post, website or approved fax , complying with the electronic and fax rules and timing cutoffs (regs 45-47; reg 46(7)).
Serve returned sealed copy on other parties using appropriate service mode; file affidavit of service (regs 50, 53-56).
Attend pre‑trial conference and comply with clerk orders or seek review within 5 working days where necessary (Part 4; reg 73).
When disclosure, inspection, interrogatories or invitations to admit are ordered, comply strictly with listings and produce lists/documents (Part 5; regs 24-33).
If issuing witness summons, serve personally with required expenses arrangements and keep records of service and expense tendering (reg 37).
Prepare for trial subject to management orders and limits set by the court, including potential audio/video hearing modalities and the court’s flexible approach to evidence (reg 7; reg 35).
If default judgment is entered, apply to set it aside within 14 days (reg 41).

Following these steps and the cited provisions will materially reduce the risk of procedural forfeiture or evidentiary exclusion under the Industrial Magistrate’s Court (General Jurisdiction) Regulations 2005.

Deep Dive

What it does

Current sections