District Court of Western Australia
Circular to Practitioners CIV 8/2005
Date of issue: 30 May 2005
Revised: 15 March 2010, 21 August 2013
EXTRACTION OF ORDERS
Summary: The Court will generally extract orders in directions hearings. For other
orders, the Court’s preferred method of accepting draft orders for extraction is by
email.
1.
Email lodgement of orders for extraction
The Court’s general practice is to extract any orders made at directions hearings, pre
trial conferences and listing conferences. The Court does not generally extract orders
made in chambers lists.
Where a party requires an extracted order, it should email the draft order to:
districtcourt@justice.wa.gov.au. The reference line in the email should read: “Draft
order for extraction – CIV [action number]”.
Where the Court receives the draft order by email, the Court will make any minor
amendments that may be required, and then forward the extracted order to the party
requesting it.
The Court will still accept draft orders in paper form, and the settled draft order will
be returned to the party if any amendments are required.
2.
Common mistakes
The Court has observed that a common mistake made in draft orders is that the
preamble is incorrect. The correct preamble for the most common types of orders are:
Chamber summons / notice of motion:
“UPON THE APPLICATION of the plaintiff by chamber summons / notice of
motion filed 14 February 2005 and UPON HEARING Mr Smith for the
plaintiff and Ms Jones for the defendants IT IS ORDERED that:”
Summons for Directions:
THIS ACTION having been listed for directions and UPON HEARING Mr
Smith for the plaintiff and Ms Jones for the defendant IT IS ORDERED that:
For Mention Appeals (directions on appeals):
THIS APPEAL having come on for directions IT IS ORDERED that:
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It is not necessary to differentiate between the Principal Registrar, a Registrar or a
Deputy Registrar in the order. A reference to a “Registrar” will suffice.
3.
Consent orders
If a party wishes the Court to make an order made by consent pursuant to Rules of the
Supreme Court 1971 O 43 r 16, the party may lodge a minute of consent orders in a
form substantially the same as that attached as annexure A (with an example at
Annexure B). The form contains an indorsement: ‘Settled, signed and sealed in
accordance with RSC Order 43 rule 16’. If the Registrar is satisfied that the orders
should be made, the Registrar will sign and seal the order. The order will accordingly
be issued as an extracted order without the need to file a separate draft order for
extraction.
There are template consent orders, including Annexures A and B, on the Court’s
website www.districtcourt.wa.gov.au, under the ‘Civil Procedure’ tab.
Where the consent order does not contain this endorsement, then, if the Registrar
accepts the order, the Registrar will stamp the order with an indorsement in the same
terms, and sign and seal the orders.
In each case, the filing party should file two copies of the proposed consent order with
the Court.
Where a matter is listed in chambers or in a directions hearing and the parties wish to
deal with the issues by way of consent, the parties should hand up two copies of a
minute of consent orders in terms of the attached pro forma. The Registrar will settle,
sign and seal the order in Court. One original order will be retained on the Court file
and the other provided to the party who handed up the order. That party will be
responsible for providing copies to all other parties.
4.
Duplicate orders
Where the Court extracts the order, it will provide a signed original to the plaintiff.
Until now, the other parties have received an unsigned copy of the order marked
“Copy for Information”. The second and subsequent copies will be sealed as
duplicate orders pursuant to RSC O 43 r 4. This is to clarify the status of the second
and subsequent copies of the order.
5.
Standard orders
The Court has published a list of standard orders on the Court’s website,
www.districtcourt.wa.gov.au, under the ‘Civil Procedure’ tab. Practitioners are
encouraged to use these standard orders wherever practicable.
MICHAEL GETHING
Principal Registrar
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Annexure A – Pro forma consent order
IN THE DISTRICT COURT
OF WESTERN AUSTRALIA
HELD AT PERTH
)
)
)
No
of
BETWEEN
Plaintiff
-andDefendant
_____________________________________________________________________
CONSENT ORDER
_____________________________________________________________________
Date of document:
Date of filing:
Filed on behalf of:
Prepared by:
Address:
Telephone:
Facsimile:
Reference:
Email:
___________________________________
PURSUANT TO RSC ORDER 43 RULE 16 the parties consent to the following
orders:
1.
2.
3.
4.
the costs in relation to the preparation of this consent order be in the cause.
________________________
Plaintiff’s Counsel/Solicitor
_____________________
Defendant’s Counsel/Solicitor
4
Settled, signed and sealed in accordance with RSC Order 43 rule 16.
Dated the
day of
20 .
BY THE COURT
REGISTRAR
5
Annexure B – Example consent order
IN THE DISTRICT COURT
OF WESTERN AUSTRALIA
HELD AT PERTH
)
)
)
No
of
BETWEEN
MARY SMITH
Plaintiff
-and-
BLACK CORPORATION PTY LTD
Defendant
_____________________________________________________________________
CONSENT ORDER
_____________________________________________________________________
Date of document:
Date of filing:
Filed on behalf of:
Prepared by:
Address:
Email:
Telephone:
Facsimile:
Reference:
___________________________________
PURSUANT TO RSC ORDER 43 RULE 16 the parties consent to the following
orders:
1.
the plaintiff have leave to amend the statement of claim in terms of the minute
dated 8 February 2010, with further filing and service dispensed with;
2.
the plaintiff pay the defendant any costs thrown away by reason of the
amendments;
3.
by 22 February 2010 the defendant file and serve any amended defence;
4.
the time by which the parties are to comply with DCR r 46(4) be varied to 19
April 2010;
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5.
the time within which the plaintiff must enter the action for trial be extended
to 25 April 2010; and
6.
the costs in relation to the preparation of this consent order be in the cause.
________________________
Plaintiff’s Counsel/Solicitor
_____________________
Defendant’s Counsel/Solicitor
Settled, signed and sealed in accordance with RSC Order 43 rule 16.
Dated the
day of
20
.
BY THE COURT
REGISTRAR