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PROCEDURE GUIDE
1.
Appellant
1.1
To commence an Appeal against an award or decision of the Criminal Injuries
Compensation Assessor you need to lodge the District Court Registry:
(a)
Two copies of the ‘Notice of Appeal’ (Attachment 1)
(b)
Two copies of the ‘Payment Into Court’ (Attachment 2)
You will also need to pay the prescribed fee included with these Documents,
which is $64.00 for an individual and well as an additional $100 security for
costs.
1.2
The filing fee (but not the hearing fee) is automatically waived for:
(a) the holder of one of the following cards issued by the Department of
Social Security of the Commonwealth –
i. a health care card
ii. a health benefit card
iii. a pensioner concession card
iv. a Commonwealth seniors card;
(b) the holder of any other card issued by the Department of Social Security
or the Department of Veteran’s Affairs of the Commonwealth that
certifies entitlement to Commonwealth health concessions;
(c) a prisoner or person lawfully detained in a public institution;
(d) a person under 18 years of age;
(e) a person in recept of a youth training allowance, or an austudy allowance,
\as defined in section 23(1) of the Social Security Act 1991 of the
Commonwealth;
(f) a person in receipt of benefits under the Commonwealth student
assistance scheme known as ABSSTUDY Scheme;
(g) a person granted legal aid in respect of the proceedings in relation to
which the fee would otherwise be payable.
For other people, there is a discretionary power to waive the filing fee. To
apply you will need to file an ‘Application to Remit Fees’ (Form 2).
To apply for the hearing fee to be waived an Application to Remit Fees’
(Form 2) must be lodged with the District Court Registry.
There is no power to waive the security for costs deposit.
1.3
The Court will keep one of the ‘Notice of Appeal’ and ‘Payment into court’
and return a stamped (sealed) copy for your own records.
1.4
You need to take photocopies of the stamped (sealed) ‘Notice of Appeal’ and
‘Payment into Court’ and:
(a) Serve a copy on the Respondent.
There is no requirement to serve appeal papers on the Respondent
personally. The Respondent may be served by delivering to, or posting it
by prepaid post to, the Respondent’s geographical address or last known
geographical address.
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(b)
Send a copy to:
Criminal Injuries Compensation Assessor
Level 12, International House
26 St Georges Tce
PERTH WA 6000
Postal Address:
GPO Box F317
PERTH WA 6814
(c)
Send a copy to:
State Solicitors Office
Level 16, Westralia Square
41 St Georges Tce
Perth WA 6000
Appellants may find it convenient or indeed necessary to use a professional
process server to serve the Notice of Appeal.
If it is not possible to find an address for the Respondent, the Appellant can
apply to the Court for an order allowing service in some other way, for
example, by advertisement or by post on a third party. The process to obtain
orders of this type is set out in the Procedure Guide (see section 3).
If the Respondent is in prison, the relevant address can be obtained from the
Western Australian Department of Corrective Services website.
1.5
On being served the documents, the Criminal Injuries Compensation Assessor
will produce the relevant file to the court.
1.6
Depending on what the other parties do, one of the two options can occur:
(a)
The Respondent and the State Solicitor’s Office should then file a
‘Notice of Intention to Appear’ with the Court, and serve a copy on
you. You are to file a ‘Notice of Entry for Hearing’ (Attachment 3)
once served this document – this process attracts no fee.
OR
(b)
1.7
If the Respondent and State Solicitor’s Office fails to serve you with a
‘Notice of Intention to Appear’ within 30 days of the date you served
them the ‘Notice of Appeal’, then the you need to file a ‘Notice of
Entry for Hearing’ (Attachment 3) – this process attracts no fee.
If either the Respondent or the State Solicitor’s Office does not serve you with
a ‘Notice of Intention to Appear”, you should file and serve an affidavit of
service (Attachment 8).
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1.8
The court will then list the appeal before a Registrar. This is a preliminary
hearing to determine what needs to be done before the appeal is listed before a
Judge. The Court will then notify you, the Respondent and any other party that
has filed a Notice of Intention to Appear of the date of this hearing by mail.
1.9
You should appear in Court on that date. If you fail to attend, orders may be
made in your attendance.
1.10
At the preliminary hearing, the Registrar may make some orders that will
assist the appeal to proceed further. Once all orders are compiled with, then
you may seek to have the appeal listed for hearing.
You need to complete a Notice of Entry for Hearing of the Appeal and file it at
the Court or send it to:
Civil Listings Officer
District Court of Western Australia
500 Hay St
PERTH WA 6000
This is to have the appeal listed before a Judge. This Notice should be
accompanied by a letter containing all of the parties’ unavailable dates for
hearing of the Appeal. It is the Appellant’s responsibility to find out the
unavailable dates of the other parties.
You will need to pay a fee to list the hearing of $225 for a half day or $450
for a full day. You should send a cheque in for this amount with the Notice of
Entry.
This fee may be Waived, Deferred or Reduced upon application to the Court
(Attachment 4).
1.11
The Court will notify you and the other party/s or their solicitor/s of the date
of the hearing by letter.
1.12
If you fail to pay or have the hearing fees waived or deferred, the Court will
vacate the hearing date and the Appeal will not proceed.
1.13
You must attend the hearing on that day. If you fail to attend, orders may be
made in your absence.
2.
Respondent
2.1
If you are a respondent, you will receive a ‘Notice of Appeal’ and a ‘Payment
into Court’.
2.2
Within 10 days of receiving the ‘Notice of Appeal’ you need to file a ‘Notice
of Intention to Appear’ (Attachment 5) with the Court and serve a copy to the
Appellant.
2.3
The court will then list the appeal before a Registrar. This is a preliminary
hearing to determine what needs to be done before the appeal is listed before a
Judge. You will receive a letter from the Court with the date of the mention.
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2.4
You should appear in Court on that date. If you fail to attend, orders may be
made in your attendance.
2.5
The Court Officer will notify you and the other party/s or their solicitor/s of
the date of the hearing of the Appeal.
2.6
You must attend the hearing of the Appeal on the day it is listed. If you fail to
attend a order may be made in you absence.
3.
General matters applicable to all parties
3.1
If you require the Court to make an order before the hearing of the appeal you
will need to file a chamber of summons. For example this would be used
where:
(a) You cannot locate the Respondent and require the Court to make an order
for substituted service; or
(b) You need leave to appeal out of time
3.2
A chamber summons is the form of Attachment 6. You will also need to file
and serve an affidavit (Attachment 7) setting out the facts which you would
like to bring to the Court’s attention to support your application for the orders
you want.
3.3
You will need to file two copies of each document with the Court. The Court
will write in the hearing date and time, keep one copy and return the other to
you.
3.4
You then need to serve one copy of the chamber summons (with the Court
hearing date inserted) on the parties set out in paragraph 1.4 above.
3.5
Attend the District Court on the day and time on the chamber summons and
the Court will hear you application. This is not the hearing of the appeal.
4.
Further Enquiries
4.1
For any further enquiries please contact the Court on 9425 2344