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District Court of
Western Australia
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News & Media Releases

Notice to Practitioners- Defective EFT Certificate


By the District Court Rules 2005 rule 37 unless otherwise ordered the plaintiff is required to enter the case for trial within 120 days after the first defence is filed.

To do this DCR r.37 (3) requires the plaintiff to file and serve a Form 1, which in turn requires the party filing the Form to certify to a number matters including that discovery and inspection is complete, answers to interrogatories (if any have been served) have been given, each party has complied with all case management directions and orders made by the Court and that no other interlocutory orders are required.

The court has observed that a practice is developing whereby some parties will delete one or more of the requirements to which the Form seeks certification. The result of this is that matters can be listed for a Pre-trial conference before the necessary interlocutory processes are complete and before all of the parties are ready. This can result in the pre-trial conference being adjourned.

The practice of editing the certification prescribed by the Form 1 is not endorsed by this Court and may result in the entry for trial being set aside and consequential costs orders being made. If a Party is not ready to enter the case for trial then the correct procedure is to apply for an order extending the time to do so.

Shane Melville

Principal Registrar
District Court of Western Australia