A decision made by the Magistrate’s court under the Restraining Orders Act 1997 (WA) may be the subject of an appeal to the District Court. The decisions that can be appealed from are:
- A decision dismissing a telephone application or an application initially heard in the absence of the respondent.
- A final decision.
How long do I have to appeal the decision of the Magistrate?
An Appeal against the decision of a Magistrate in civil proceedings must be commenced within 21 days of that decision.
What results can my appeal achieve?
The appeal involves a rehearing of the original case on the material and evidence that were before the Magistrate. The Judge may allow further evidence to be filed, but only in exceptional circumstances and with the leave of the Court. The Judge can make any order that the Magistrate could have made.
Is my appeal before a Judge in Court?
Yes, a Judge will hear the appeal. There will be an initial directions hearing before a Registrar of the District Court, but this is only to check whether the appeal is ready for hearing by the Judge.
How do I commence an appeal?
An appeal is commenced by the appellant filing a serving an appeal notice. The relevant forms are set out at the end of the this webpage. The Court has produced a Procedure Guide to assist parties to an appeal.
What will my appeal cost?
There is a filing/hearing fee for an individual to commence the appeal, these fees are set out in the District Court's Fee Chart - Item 3. This fee is automatically waived for most concession card holders.
The Court has the power to waive this fee.
More detail is set out in the Procedure Guide
The law governing appeals from Magistrates Court decisions to the District Court is found in Restraining Orders Act 1997 (WA) s64, Magistrates Court (Civil Proceedings) Act 2004 (WA) Part 7, District Court Rules 2005 (WA) Part 6.
Blank pro forma
|Notice of respondent's intention - RO example|
|Form 9 Application in an appeal|
|Appeal Change of Address|
(The reference information at the top of the blank pro formas and the worked examples may be deleted).