Magistrate Court Restraining Orders

What decisions can I appeal? 

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:

The rules governing these appeals are the same as those governing appeals from decisions of the Magistrates Court in its civil jurisdiction.

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.

More detail is set out in the Procedure Guide 

Relevant law

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.

Procedure Guide

Click here to download a copy of the Procedure Guide.

Forms 

The relevant forms including from the District Court Rules 2005 (WA), are:

Blank pro forma (with effect from 19 August 2013)

Worked example

Form 6 Appeal notice

Appeal notice – RO example 

Form 7 Service certificate

Service certificate - RO example 

Form 8 Notice of respondent’s intention Notice of respondent's intention - RO example 
Form 9 Application in an appeal 

Application in an appeal – RO example 

Form 10 Consent notice

Consent notice – RO example 

Form 11 Discontinuance notice

Discontinuance notice - RO example 

Form 1A Affidavit

Affidavit – RO example 

Appeal Change of Address  Change of Address - RO example 

Fees Form 2 Application to reduce fees

 


(The reference information at the top of the blank pro formas and the worked examples may be deleted).

Last updated: 4-Jul-2016

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