Magistrates Court of Western Australia

The Magistrates Court of Western Australia is the first tier court in Western Australia, a state of Australia. It has jurisdiction in respect of criminal and civil matters, as well as a range of administrative matters. The court came into existence in May 2005 and was the result of the amalgamation of the Court of Petty Sessions of Western Australia, Small Claims Tribunal of Western Australia, and the Local Court of Western Australia.

History

The amalgamation of the three courts followed from recommendations made by the Western Australian Law Reform Commission. The amalgamation also occurred at a time when changes were made to the appointments of justices of the peace, appointment of magistrates and civil procedure in the state by widening the options available for enforcing bad debts.^[1]

The reforms envisaged that the jurisdiction of the court for civil claims would increase from $25,000 to $50,000 as well as the ability for the chief magistrate to establish divisions in the court to deal with specific classes of offenders, such as by establishment of a drug court or a family violence court.

Jurisdiction

The court is constituted under the Magistrates Court Act 2004 (WA). It is an inferior court and it is also a court of record. The court has a civil jurisdiction under the Magistrates Court (Civil Proceedings) Act 2004 (WA). The court exercises the criminal jurisdiction which a court of petty sessions previously had or which a court of summary jurisdiction could have exercised prior to the creation of the court. The court can also exercise any jurisdiction conferred upon it.

Composition

The Governor of Western Australia can appoint magistrates to the court. The governor can also appoint a chief magistrate, as well as deputy chief magistrates.

The court normally sits with a magistrate sitting alone. However, the governor may make a regulation which allows a single justice of the peace or two justices of the peace to sit as the court.

Caseload

About 43,000 civil cases are filed each year in the court.

References

↑ Second reading speech by WA Attorney General 4 December 2003

Homepage of the court: http://www.magistratescourt.wa.gov.au/
Second Reading speech in the WA Legislative Assembly on 3 December 2003 http://www.parliament.wa.gov.au/hansard/hans35.nsf/NFS/366d64cc69626ae348256df70022dcec?
Magistrates Court Act 2004 (WA) http://www.austlii.edu.au/au/legis/wa/consol_act/mca2004214/

Courts of the Australian states and territories

Commonwealth	High Court Federal Court Family Court Federal Circuit Court Military Court of Australia List of Commonwealth courts and tribunals

New South Wales	Supreme Court District Court Local Court List of New South Wales courts and tribunals

Victoria	Supreme Court County Court Magistrates' Court List of Victorian courts and tribunals

Queensland	Supreme Court District Court Magistrates' Court List of Queensland courts and tribunals

Western Australia	Supreme Court Family Court District Court Magistrates Court List of Western Australian courts and tribunals

South Australia	Supreme Court District Court Magistrates' Court List of South Australian courts and tribunals

Tasmania	Supreme Court Magistrates' Court List of Tasmanian courts and tribunals

Australian Capital Territory	Supreme Court Magistrates Court List of Australian Capital Territory courts and tribunals

Northern Territory	Supreme Court Magistrates Court List of Northern Territory courts and tribunals

Norfolk Island	Supreme Court Court of Petty Sessions

Government of Western Australia

Executive	Monarchy Governor Premier Deputy Premier Cabinet Entities Police

Legislative	Parliament Legislative Assembly MLAs Electoral districts Speaker of the Legislative Assembly Legislative Council MLCs Opposition Leader President of the Legislative Council

Judicial	Supreme Court District Court Children's Court Family Court Magistrates Court Other courts and tribunals

Coordinates: 31°57′21″S 115°51′47″E / 31.9558°S 115.8631°E / -31.9558; 115.8631

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