District Court of Western Australia

Civil Practice Directions and Circulars

Civil Practice Directions are issued by the Chief Judge and supplement the procedures set out in the Rules of Court. They impose obligations on the parties and their lawyers. Circulars to Practitioners are issued by the Principal Registrar and provide guidance about the practice of the court.

This Circular relates to attendance by counsel, solicitors, and parties at pre-trial conferences and mediations and supersedes the previous Circular issued on 8 March 2022.

As you are aware, Circular to Practitioners (CP) 15 and CP 16 refer to the personal attendance of parties at mediations and pre-trial conferences. Where such attendance is not possible then a dispensation is to be sought.

Further, pursuant to Public Notice 5 of 2022 - COVID-19, issued by the Chief Judge on 9 June 2022:

  • Counsel must appear in person at all pre-trial conferences and mediations, unless otherwise ordered by a judge or registrar.
  • In all cases, however, any person who has tested positive for COVID-19 is the past 7 days, or who has COVID-19 symptoms, must not enter the Court building. In those circumstances, the following will apply:

Attendance at pre-trial conferences and mediations

All pre-trial conferences and mediations are to proceed at the time allotted to them.

If, pursuant to Public Notice 5, a party or counsel is prohibited from attending the Court in person, counsel must as soon as practicable advise the associate to the presiding registrar (or, if the presiding registrar is unknown, then advise by email at Associate.Principal.RegistrarDC@justice.wa.gov.au) so that arrangements may be made for attendance by video or audio link (or as otherwise directed by the presiding registrar).

Participants are requested to familiarise themselves with the Recommended Practice for Remote Hearings.

Subject only to a contrary order or direction of the Court, parties and counsel who are not prohibited (under Public Notice 5) from entering the Court must attend in person.

Whether or not alternative arrangements for attendance are made, the usual rules of mediation will apply.

Pre-trial conferences - where a registrar is required

Where all parties have negotiated and have reached an impasse, or the assistance of a Registrar is required (for example, where the parties are seeking a Listing Conference), then:

  • if a legal representative of one or more parties is in attendance, the assistance of a registrar may (in the usual way) be sought at the pre-trial conference desk;
  • if, by reason of Public Notice 5, no legal representatives are permitted to attend in person, then a solicitor nominated by all other parties is to telephone the pre-trial conference desk on 9425 2793, advising that the assistance of a Registrar is required.

In the latter case:

  • the nominated solicitor is to provide the email addresses of each of the participants of the pre-trial conference;
  • each participant will receive a MS Teams meeting request via email from the Associate to the Registrar assigned to the pre-trial conference;
  • participants join the MS Teams meeting by clicking on the link to join the meeting; and
  • the Registrar will then link into the MS Teams meeting to facilitate the conference.

Where the matter is resolved at a pre-trial conference

Where the matter is resolved, the parties are to file settlement paperwork through the ECMS (eCourts Portal).  Settlement paperwork must be filed on the same day as the pre-trial conference to enable Court record to be updated.

Where the parties agree to adjourn the Pre-Trial Conference

If the parties agree to adjourn the pre-trial conference, a nominated party is to file a letter outlining the agreed adjournment date, or, where a date is not agreed, provide unavailable dates for the parties. The letter is to be filed through the ECMS.

The letter must be filed on the same day as the pre-trial conference to enable the Court record to be updated.

The Court will advise the parties in the event a proposed adjournment date is unavailable. Otherwise, the parties will receive confirmation of the new date through the ECMS.

If the adjournment is because of an application for leave to compromise is to be filed, then CP 17 - Finalisation of Actions Requiring Court Approval applies.

Principal Registrar McGivern
3 August 2022

Summary: The purpose of this Notice is to inform the profession of the Court’s intention to remove anonymization of parties’ names from cases involving allegations of historic sexual abuse where anonymization has occurred in the absence of an order.

Background

A practice has developed in the Court in cases commenced by originating summons and writs alleging historic sexual abuse, of anonymising the names of plaintiffs in the absence of a formal application. This practice has recently been reviewed and by Notice to Practitioners dated 4 October 2019 the profession was advised that as of 4 October 2019 a formal order from the court would be required if anonymization was sought.

Consistently with that background it is considered that a formal order is also required respect of those cases commenced before the 4 October 2019 and in respect of which anonymization of the party’s name has already occurred.

Current position

Accordingly the profession is advised that from 1 December 2019 the court record will reveal the full name of a party unless an order has been made. It will remain open to the parties to seek the appropriate order by filing a memorandum of consent pursuant to RSC Order 43 r.16.

Shane Melville
Principal Registrar
30 October 2019

The Court is to issue a new Practice Direction/Circular to Practitioners in the coming days regarding the process to be followed to have a plaintiff’s name anonymised in a civil action.

As from today, any plaintiff who wishes their name to be anonymised must seek a formal order from the court to do so. Any application is to be filed with an affidavit in support pursuant to Order 67B rule 5 of the Rules of the Supreme Court. Any application should preferably be made prior to the filing of the writ or at the time of filing the writ.

The Practice Direction/Circular to Practitioner will be available on the Court’s website www.districtcourt.wa.gov.au in the coming days.

Jacquie Kubacz
Acting Principal Registrar
4 October 2019


Last updated: 3-Aug-2022

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