Magistrates Court (General) Rules 2005

The Rules operate under a set of foundational concepts. The ECMS (electronic case management system) is the central digital platform for lodging, issuing and managing documents. An “approved user” of ECMS has the meaning given in the Criminal Procedure Regulations 2005, and documents lodged via ECMS are taken to be lodged at the registry where the case is conducted. Two types of registry exist: a “police registry”, where the only registrar is a deputy registrar appointed under the Act s 26(5), and a “non-police registry”, which has at least one registrar who is not such a deputy registrar. This distinction matters because some applications (e.g. under road traffic rules) must be lodged at the nearest non-police registry. A “working day” excludes Saturday, Sunday and public holiday - this governs time periods for service and deemed lodgment.

Court seals must be in a form approved by the Chief Magistrate, with each registry holding at least one seal. Only a registrar or an authorised person may apply the seal. Documents issued electronically are authenticated if they bear a facsimile of the seal, pursuant to the Courts and Tribunals (Electronic Processes Facilitation) Act 2013 s 10. A registrar may refuse to accept any form that lacks required information or does not comply with rules or written law. A party refused lodgment may apply to a magistrate for leave using Form 1A under Act s 17.

Lodgment by fax is limited to 20 pages including attachments and cover page; the sender must keep the original endorsed document and transmission report. A document lodged by fax before 4 pm on a business day is deemed lodged that day; otherwise the next business day. Similar timing applies to documents lodged through the Court’s website. For ECMS, the time recorded by the system determines lodgment. Electronic service is permitted if a party has provided a fax number or email address as an address for service under rule 13. Service by fax or email before 4.30 pm on a working day is deemed served that day. A person providing an electronic address consents to being served at that address.

The Rules create a hierarchy for contempt. “Contempt” has the meaning given by Act s 16. It may be dealt with summarily if it occurs while the Court is sitting and is an immediate threat to authority or integrity. Otherwise, it may be referred to the Attorney General, who can prosecute by lodging a written charge. The procedure follows Supreme Court practice as far as practicable.

Court records access is tiered. Under Act s 33(3) or (7), a party may request inspection or copies using Form 1; a registrar may grant it or refer to a magistrate. Non-parties need leave under s 33(4) via Form 2. For information (not documents) under s 33(8), a person may apply using Form 3A (with affidavit) for general information, or use the approved form for civil litigation information (names, claim amount, judgment, dismissal). Media organisations can apply for transcripts and exhibits under s 33(9)(b) using Form 1, with limited registrar powers to grant without hearing if a previous similar application was granted. The Court retains power to publish proceedings on its own initiative.

The Rules affect every person who interacts with the Magistrates Court in Western Australia, including litigants, legal practitioners, police officers, prosecutors, registrars, deputy registrars, magistrates, court staff, approved users of ECMS, media organisations, and persons subject to fines or licence suspensions. For legal practitioners, the Rules dictate how and where documents are lodged and served, the forms to use, the time limits for service of appeals against registrar decisions (14 days after lodgment, extendable by magistrate order), and the necessity to verify orders on prosecution notices. Practitioners must also ensure they use the correct electronic address for service - a firm’s fax number or business email, not personal details.

Police and prosecuting authorities are directly affected by Part 6: they must commence prosecutions in the registry nearest to the offence location, or in the registry listed in Schedule 1 if the suburb appears there. Prosecution notices must generally be lodged by ECMS unless the prosecutor lacks access or the Court agrees to a hard copy. Substituted prosecution notices that are not served may require charges to be removed from the hearing list until the accused appears.

Registrars have defined civil and criminal jurisdiction: in civil cases, the jurisdiction conferred by the Magistrates Court (Civil Proceedings) Rules 2005; in criminal cases, they can deal with adjournments, perform functions under CPA s 75, and grant (but not refuse) certain bail applications under CPA s 71 if the accused is not in custody seeking release. Deputy registrars are excluded from criminal jurisdiction under rule 25(1). Registrars also perform administrative functions such as listing applications for hearing, issuing notices to parties, and attaching administrative reports to access applications.

Media organisations are affected by Division 3 of Part 5: they may apply for transcripts and exhibits using Form 1, and the Court may impose conditions or require service on other parties. The media organisation need not give notice of the application unless ordered. Approved recipients of civil litigation information (persons approved in writing by the Attorney General) are entitled to obtain searchable information (names, claim amounts, judgments, dismissals) on request, and registrars must provide it by email if facilities exist.

Persons subject to licence suspension orders (under the Fines, Penalties and Infringement Notices Enforcement Act 1994) can apply to cancel those orders using Form 3 or Form 4, depending on whether the suspension arises from an infringement notice or a fine. Applicants must certify they have not previously made an unsuccessful application for the same suspension. Similarly, persons subject to enforcement warrants may apply for cancellation using Form 4AA. The Rules also affect road users: a person whose keys have been seized under RTA s 71B(7) may apply for their return using Form 4A; a person issued a disqualification notice under RTA s 71F may apply for revocation using Form 4B. Owners of uncollected vehicles may apply to delay sale or return items using Form 9. Extraordinary licence holders face applications from the CEO under RT(AD) Act to vary or cancel the licence, using Form 8. Finally, persons whose records have been seized under the Criminal Investigation Act 2006 may apply for a privileged-information determination using Form 10.

A person lodging a document has the duty to ensure it complies with the Rules and contains required information, or face rejection. If rejected, the person has the right to apply to a magistrate for leave to lodge the document (Form 1A). A party serving documents must serve copies on each other party within 14 days after lodging an appeal against a registrar’s decision (rule 26(2)). The appellant may apply for substituted service or dispensation of service if the other party cannot be served (rule 27A). The right to appeal a registrar’s decision exists under Act s 29(1); the appeal must be brought using Form 1B and a copy of the registrar’s decision must be lodged. The period may be extended by a magistrate even after expiry.

In criminal proceedings, the accused has the right to information about charges and outcomes on request (rule 40). Any person is entitled to the accused’s name, each charge, any conviction or order, and any penalty. However, this does not entitle the person to the accused’s criminal history beyond the specific case. In civil proceedings, approved recipients have a right to searchable information on request, and the registrar must provide it daily by email for 12 months. Media organisations have the right to apply for transcripts and exhibits; the Court may grant or refuse the application, and if granting, may impose conditions. The media organisation does not have to notify parties unless ordered.

A defendant in contempt proceedings has the right to be informed orally of the nature and particulars of the alleged contempt if dealt with summarily. If the contempt is not dealt with summarily, the Attorney General must serve a written charge with a hearing date and notice of the right to legal representation and to call witnesses (rule 33(3)). The Court must be constituted by a magistrate who was not present when the contempt occurred. The alleged contempt may be referred to the Attorney General by the presiding magistrate, the Chief Magistrate, or a registrar (depending on the circumstances). The defendant is entitled to receive notice of the Court’s decision, any order, and any punishment imposed.

In road traffic applications, the applicant has the duty to lodge the correct form (e.g. Form 4A, 4B, 8, 9) together with any affidavits, and must lodge two copies. The registrar has the duty to list the application for hearing on the earliest convenient date (or at least 14 clear days for some applications), insert hearing details, and return one copy to the applicant and provide copies to the Commissioner of Police or the CEO at least 5 or 14 clear days before the hearing. The applicant bears the onus of proof on the balance of probabilities at the hearing. The Court may deal with the application in the absence of the Commissioner or CEO if satisfied that the application has been issued. The applicant in a privilege determination under Part 9 must serve the application and affidavits on every person entitled to possession of the seized records at least 5 clear days before the hearing.

A registrar or magistrate granting access to court records may impose conditions to prevent damage, loss, or improper use or publication (rule 41). That power is broad and applies to all access under Part 5.

The primary enforcement mechanism within the Rules is the contempt of court procedure (Part 4). Contempt is defined by Act s 16, and the Rules specify how it is to be dealt with. A warrant for a person who has committed contempt under Act s 15(2) (which deals with certain in-court misconduct) must be in the form of Form 12 in the Criminal Procedure Regulations 2005 Schedule 1. For other contempts, the warrant must be Form 1 of those Regulations. A summons must be Form 4 adapted as necessary.

If the contempt occurs while the Court is sitting or in respect of a magistrate or JP about to sit or who has just sat, and the officer is satisfied it is an immediate threat to authority or integrity, it may be dealt with summarily. The officer must if practicable orally inform the defendant of the nature and particulars. If not dealt with summarily, the presiding officer or the Chief Magistrate (or a registrar, with Chief Magistrate’s involvement) may refer it to the Attorney General. The referral must set out details of the act or omission.

The Attorney General may then commence proceedings by lodging a written charge against the defendant. The charge must be served with a hearing date and notice of the right to legal representation and to call witnesses. The hearing must be before a magistrate and must not include any officer in whose presence or respect the contempt was committed. A certificate by the relevant officer setting out details is evidence of its contents in the absence of evidence to the contrary. Any transcript of the proceedings in which the contempt occurred is admissible.

The procedure for dealing with contempt, whether summarily or otherwise, is to be the same as that of the Supreme Court so far as practicable, except as Part 4 provides otherwise. The outcome must be recorded, and a registrar must issue a notice to the defendant advising of the decision, any order, and any punishment.

Beyond contempt, enforcement arises through other Acts that these Rules support. For example, under Part 7, an applicant may apply to cancel a licence suspension order or an enforcement warrant, but the Rules do not themselves create penalties - they set the procedural pathway for relief. If a person does not comply with procedural requirements (e.g. fails to serve within time, uses wrong form), the Court may refuse or dismiss the application. A registrar’s refusal to accept a document for lodgment is an enforcement gatekeeper; an aggrieved party can seek leave from a magistrate.

Rule 27 provides that an appeal against a registrar’s decision does not stay the case unless a magistrate orders otherwise, meaning that enforcement of the original decision may continue pending appeal. This is a significant practical enforcement point.

The Rules are made under the Magistrates Court Act 2004 and expressly incorporate or refer to numerous other enactments. Part 6 operates under the Criminal Procedure Act 2004 (CPA). Rule 42 provides that terms defined in the CPA have the same meaning in Part 6. Rule 43 prescribes each registrar as a prescribed court officer for CPA purposes. Rule 44 dictates where prosecutions must be commenced, referencing CPA provisions including s 135 (power to order transfer). Rule 45 specifies how a prosecution notice must be lodged under CPA s 24. Rule 45A deals with substituted prosecution notices. Rule 45B requires remand warrants to be in the form prescribed by the Criminal Procedure Regulations 2005. Rule 46 restricts amendment of court dates in summonses or court hearing notices under CPA s 34. Rule 46A governs applications under CPA s 138 (disclosure) and requires them to be heard at the Perth court. Rule 46B requires magistrates and registrars to verify orders on prosecution notices.

Part 7 interacts with the Fines, Penalties and Infringement Notices Enforcement Act 1994. Rule 48 deals with applications under Act s 101 to cancel licence suspension orders in respect of infringement notices; rule 49A deals with s 101AA (enforcement warrants); rule 49 deals with s 101A (licence suspension orders in respect of fines). Each requires specific forms and notification to the Commissioner of Police or prosecuting authority.

Part 8 interacts with three road traffic statutes: the Road Traffic Act 1974 (RTA), the Road Traffic (Authorisation to Drive) Act 2008 (RT(AD) Act), and the Road Traffic (Administration) Act 2008 (which defines CEO). Rules 50A-51AA deal with applications under RTA ss 71B (seized keys), 71F (disqualification notices), 80J (uncollected vehicles) and 80V(3) (return of items from confiscated motor cycles); and under RT(AD) Act ss 27, 35. Rule 54 specifies that onus of proof and standard of proof (balance of probabilities) apply to hearings under those sections, and affidavit evidence may be adduced if the maker is present.

Part 9 interacts with the Criminal Investigation Act 2006 s 151(4), which allows a person to apply for a decision on whether information in a seized record is privileged. The Rules prescribe the form (Form 10), registry (nearest non-police registry to seizure location), and service requirements.

The Rules also reference the Evidence Act 1906 s 50A(2) for certificates of transcript accuracy (rule 21), the Courts and Tribunals (Electronic Processes Facilitation) Act 2013 for authentication of sealed documents, issued documents, and electronic service (rules 7, 12, 13A, 13B, 14, 15A), the Bail Regulations 1988 for cancellation of surety undertakings (rule 8B), the Sentencing Act 1995 s 20 for pre-sentence reports relevant to media applications (rule 40E(4)(b)), the Supreme Court Act 1935 s 156 regarding notice to the Sheriff of enforcement warrant cancellations (rule 49A(2)(d)), and the Criminal Procedure Regulations 2005 for prescribed forms.

The Rules explicitly do not apply to civil proceedings in certain respects: rule 11A provides that rules 11, 12 and 13A (fax, website, ECMS lodgment) do not apply to civil proceedings. Those are governed by the Magistrates Court (Civil Proceedings) Rules 2005. Similarly, the rules on registry for commencing cases are subject to exceptions in Parts 6-9 and the civil and minor cases rules (rule 8).

The Rules were originally published as Gazette 28 Apr 2005 p. 1605-49 and commenced 1 May 2005. They have been amended numerous times. The compilation table lists over 20 amending instruments between 2005 and 2024. Key amendments include: the 2007 amendments that inserted rules on registry at which applications commencing a case must be lodged, introduced substituted prosecution notices, and added new forms. The 2008 amendments inserted Part 5 on court records and the associated forms. The 2010 and 2011 amendments refined registry procedures and added rule 28B on dealing with civil cases in chambers. The 2012 amendments introduced applications for revocation of disqualification notices (Form 4B). The 2013 amendments added rule 27A on substituted service, rule 49A on cancellation of enforcement warrants, and updated forms. The 2014 amendments were substantial: they introduced Division 3 on lodging and serving documents electronically, including ECMS provisions (rules 11A, 13A-13D, 15A), rewrote rule 13 on electronic address for service, inserted Division 3 on media organisation access, and updated the whole of Part 5 and Schedule 1 (suburb-registry mapping). The 2015 amendments updated road traffic rule references. The 2018 amendments allowed oral and written requests for criminal case information. The 2019 amendments refined ECMS definitions and verification. The 2021 amendments (two instruments) restructured civil proceedings exclusions, updated ECMS provisions, and abolished Forms 5, 6 and 7. The 2022 amendments introduced rule 8B on surety undertaking cancellations, updated legal profession references to ’legal practitioner’, amended rule 13 on email addresses for self-represented persons and practitioners, and added rule 51AA on return of items from confiscated motor cycles. The 2023 amendments inserted rule 38A defining civil litigation information and rule 39A providing a simplified application process for that information. The 2024 amendment updated Forms 3 and 4AA to refer to balance payment orders and other consequential changes. The Rules have been reprinted three times (2009, 2012, 2014) but remain current as a compilation.

The source text of the Rules does not contain any reference to cases, judgments, or litigation history. No court decisions are cited within the Rules themselves. The compilation table lists only amending instruments, not judicial consideration. Accordingly, no litigation history can be derived from the provided source. A practitioner seeking judicial interpretation of these Rules would need to consult external case law databases, as the Rules are procedural and often the subject of interlocutory decisions, but such material is not within the scope of this instrument.

Several provisions pose traps for the unwary. First, rule 9 allows a registrar to refuse to accept any form that does not contain required information or that does not comply with rules of court or any other written law. This is a broad gatekeeping power - a seemingly minor omission can lead to rejection, and the only remedy is an application to a magistrate for leave using Form 1A under Act s 17, which takes time and may delay proceedings.

Second, the 20-page limit for faxed documents (rule 11(3)) is strict; a document exceeding that limit cannot be lodged by fax. If someone attempts to send a longer document by fax, the registrar must treat it as not lodged and notify the sender (rule 11(7)). The sender must then find an alternative method (e.g. ECMS or website) which may not be available for all document types.

Third, the rules on service timing can catch out practitioners. Documents served by fax or email after 4.30 pm on a working day are deemed served on the next working day (rule 14(5)). For appeals against a registrar’s decision, service must occur within 14 days after lodgment, not after the hearing date. The 14-day period can be extended by a magistrate even if expired, but the application for extension need not be served on other parties (rule 26(3)-(4)). That means a party may be unaware an extension is sought until after it is granted.

Fourth, an appeal against a registrar’s decision does not stay the case unless a magistrate orders otherwise (rule 27). This is a significant departure from some other jurisdictions - the underlying proceeding continues while the appeal is pending, which could render the appeal moot or cause practical prejudice.

Fifth, the suburb-registry mapping in Schedule 1 is mandatory for criminal prosecutions. Rule 44 provides that if a suburb is listed, the prosecution must be commenced at the specified registry, regardless of proximity to the offence location. If it is not known where an offence occurred, the prosecution must be commenced in the registry nearest to where the accused usually lives, but again subject to Schedule 1. A prosecution commenced in the wrong registry may be transferred under CPA s 135, but that adds cost and delay.

Sixth, substituted prosecution notices (rule 45A) that are not served on the accused must be removed from the hearing list or held in a temporary list. If the accused later appears, the new charges are only listed then. This creates a risk that the court file becomes cluttered with unserved notices and the accused may face delayed charges.

Seventh, in road traffic applications, the timing requirements are precise. For a Form 4B application (revocation of disqualification notice), the hearing must be set at least 14 clear days after lodgment (rule 52(2A)). For a Form 8 application (CEO to vary extraordinary licence), the hearing must be at least 14 clear days after lodgment and the CEO must serve the holder. The applicant bears the onus of proof on the balance of probabilities (rule 54). Affidavit evidence may be used only if the maker is present at the hearing - meaning affidavit evidence from a deponent who is not present may be inadmissible.

Eighth, in privilege applications under Part 9, the applicant must lodge a Form 10 together with every seized record relating to the application (rule 56(1)). That means the applicant must physically hand over the seized records to the Court when making the application, which may be inconvenient if the records are voluminous or if the applicant needs them for other purposes.

Ninth, the rule on electronic address for service (rule 13) requires that if a legal practitioner practises in a business with others, the fax number and email address must be that of the business, not the practitioner personally. A practitioner who provides their personal email could be in breach of the rule, and documents served at that address may still be valid because they have consented, but the practitioner may face administrative consequences.

Tenth, the conditions on access to records under rule 41 are broad and can be imposed by a registrar or magistrate. They include conditions to prevent improper use or publication. A person who obtains access under one type of request (e.g. as a party) may be subject to restrictions that do not apply to other request types. The rule does not limit the type of conditions, so the Court has wide discretion.

Practitioners should take the following steps to comply with the Rules. First, always use the correct approved form from Schedule 2 for any application, request, or appeal. The forms are numbered and cross-referenced to the relevant rule. Ensure all required fields are completed - a registrar will reject incomplete forms. If a document is rejected, promptly apply for leave to lodge using Form 1A under Act s 17.

Second, determine the correct registry for lodgment. For criminal prosecutions, consult Schedule 1 to see if the suburb is listed; if not, use the registry nearest to the offence location. For civil cases and many applications, use the registry where the case is being conducted or as specified in Parts 7-9 (e.g. nearest non-police registry for road traffic and privilege applications). For applications under the Fines, Penalties and Infringement Notices Enforcement Act, use the registry closest to where the alleged offence took place.

Third, comply with electronic filing requirements. For documents that must be lodged by ECMS (e.g. prosecution notices), ensure you are an approved user or that an officer can enter the details. For other documents, use the Court’s website or ECMS if available; civil proceedings are exempt from rules 11, 12 and 13A. When lodging by fax, keep the original endorsed document and transmission report. When lodging by ECMS or website, retain the paper version signed according to law and produce it if ordered.

Fourth, for service, obtain the other party’s electronic address for service if available. If a party has provided a fax number or email address, you may serve documents by fax or email as an attachment. Ensure service is completed before 4.30 pm on a working day for deemed same-day service. For appeals against a registrar’s decision, serve the lodged documents on each other party within 14 days after lodgment (not service of the appeal). If unable to serve, apply to a magistrate for substituted service or dispensation using rule 27A - that application need not be served.

Fifth, when making an application to cancel a licence suspension or enforcement warrant, complete the relevant form (Form 3, 4AA, or 4) and lodge it at the correct registry. The registrar will list the hearing and provide copies. Ensure the application is made only once - the forms require a certificate that you have not previously made an unsuccessful application for the same suspension or warrant. Attend the hearing or arrange representation; the Court may deal with the application in the absence of the Commissioner or prosecuting authority if satisfied of proper service.

Sixth, for road traffic applications, use the approved form (4A, 4B, 8, 9, or 51AA) and lodge two copies together with any supporting affidavit. Pay attention to the minimum hearing notice periods: 14 clear days for disqualification revocation applications (Form 4B) and extraordinary licence variation applications (Form 8); 5 clear days for key return applications (Form 4A). For applications under RT(AD) Act ss 27 or 35(1), the hearing must be at least 14 clear days after lodgment. Ensure the CEO or Commissioner is served with the required copies at least the requisite number of clear days before the hearing.

Seventh, for privilege applications under the Criminal Investigation Act, lodge Form 10 along with every seized record and supporting affidavits. Lodge at the nearest non-police registry to the seizure location. Serve a copy of the application and affidavits on every person entitled to possession of the records at least 5 clear days before the hearing.

Eighth, if you seek access to court records as a non-party, consider first whether you can obtain information under rule 40 (criminal case information) or rule 41A (civil litigation information for approved recipients). If you need documents or exhibits, use the appropriate form: Form 1 for inspection/copy by a party or media organisation, Form 2 for leave to access records, Form 3A for access to information generally (with affidavit), or the approved form for civil litigation information. Note that media organisations must have their application referred to a magistrate unless a previous similar application was granted.

Ninth, verify orders on prosecution notices. If you are a prosecutor or court officer, ensure that each order made is noted on the hard copy and signed/initialled, or noted on the electronic version and verified via ECMS.

Tenth, be mindful of the rule that an appeal against a registrar’s decision does not stay the case. If you need a stay, make a specific application to a magistrate for an order under rule 27.