The Industrial Magistrates Court is a Court of law established pursuant to section 81B of the Industrial Relations Act 1979 (the Act) and constituted by an Industrial Magistrate.
Pursuant to section 81CA of the Act, the Industrial Magistrates Court exercises both “general” and “prosecution jurisdictions”.
The Court’s general jurisdiction is governed by the Magistrates Court (Civil Proceedings) Act 2004 (see s81CA(2)) the Industrial Magistrates Courts (General Jurisdiction) Regulation 2005.
When exercising prosecution jurisdiction the Industrial Magistrates Court constitute a Court of summary jurisdiction and the practice and procedure are those provide in the Criminal Procedure Act 2004 and the Criminal Procedure Regulations 2005.
Section 81D of the Act provides for the appointment of a Clerk of Court and defines powers of the Clerk.
There are Industrial Magistrates Courts in Perth, Geraldton, Kalgoorlie and Albany but originating claims must be commenced in the Perth Court.
The Perth Industrial Magistrates Court may hear and determine matters at any location within the State of Western Australia.
Information for party making a claim
Upon completion of your claim you should consider the amount of time you need to serve the claim. The claim must usually be served within 30 days, however, the Clerk of the Court may, in certain circumstances, approve service within 60 days. That approval must be obtained at the time of lodging the claim.
- Once the claim is lodged you must serve the claim on every person/firm/body corporate/public authority or other entity named as a respondent. If there is more than one person who operates a business as a partner each partner nominated as a respondent should be served.
- Service is to be effected in the manner prescribed in Part 9 of the Industrial Magistrates Courts (General Jurisdiction) Regulations 2005.
- Once service has been effected you must file an affidavit of service in a prescribed form to prove that the respondent has been served with the claim.
- If the respondent’s address for service is less than 1000 km from Perth the respondent has 21 days in which to file a response. If the address for service of the respondent is more than 1000 km from Perth then the respondent has 28 days within which to file a response.
- Upon having filed a response the respondent must serve upon you a sealed copy of the response within 14 days of the lodging of the response.
- If the respondent does not do those things, that is, lodge and serve a response upon you within the prescribed time, you may make application in the prescribed form for judgment by default. Judgment will not be entered until such time as you make an Application for default judgment supported by affidavit (Forms 6 and 7) which must be served on the respondent.
- Upon considering your application for default judgment, the Court may enter judgment in your favour in the amount claimed. If default judgment is not ordered the Court may make any other orders as it thinks fit for the further progress and determination of the matter.
- Following the lapse of 21 days after default judgment has been entered you may seek from the Clerk the issue of a certified copy of the Final Order to enable enforcement in another Court, being your Local Court.
- If the respondent lodges and serves a response within the prescribed time, the Clerk will list the matter for pre-trial conference and you will be advised of the time and date of the pre-trial conference by post, email or fax at the address for service that you have nominated.
- If the matter is not settled at the pre-trial conference the Clerk may make orders to ensure that the matter is ready for hearing and thereafter list the matter for hearing.
- Following the hearing, if you are successful you can enforce the judgment in the same manner as described in paragraph 9 above.
- Industrial Magistrates Courts (General Jurisdiction) Regulations 2005
- Industrial Magistrates Court Practice Direction 1 of 2012
- Industrial Magistrates Court Practice Direction 1 of 2009
- Industrial Magistrates Court Practice Direction 2 of 2012
- Industrial Magistrates Court Practice Direction 3 of 2012
- Contact email@example.com
Fees and Charges
(The Court abides by the fees laid down by the Industrial Magistrates Courts (General Jurisdiction) Regulations 2005)
|Any other document||
Fees for Obtaining Documents (inclusive of GST)
|Transcript of a hearing first page||
Subject to a minimum charge of $14.30
(The fees prescribed in Division 1 – General and Division 3 – Criminal Jurisdiction of Schedule 1 – Fees of the Magistrates Court (Fees) Regulations 2005 apply).
Criminal - Fees
|1||(a)||for every order or conviction drawn up in the Court’s criminal jurisdiction;||
|(b)||issue of a duplicate document or order|
|2||For the service of any application, summons, originating process, notice or order of the Court or any other process requiring service||
The fee is payable whether or not the service is successful and covers up to 3 attempts at service at the same address.
If it is necessary to travel to execute a warrant or other process, or on service of a summons, order of the Court, other process or document, or on making an arrest or for all attempts, attendances and inspections, from the Bailiff’s Office or nearest Police Station —
|(a)||for each kilometre travelled (one way) in the metropolitan area;||
|(b)||for each kilometre travelled (one way) outside the metropolitan area.||
If more than one process or document is executed or served by a bailiff at the same time on the same person or on different persons at the same address, only one allowance for kilometres is chargeable.
|4||(a)||for searching any record or proceeding other than a search by or on behalf of a party to the proceedings in the Court’s civil jurisdiction||
|(b)||listening to or viewing any electronic recording that requires supervision by an officer of the Court, a search fee of||
|And in addition to the search fee, for each hour of the officer’s time||
No fee is payable under item 4(a) for a search made by an approved recipient of searchable information provided to it under regulation 12.
|5||For provision of searchable information to approved recipients under regulation 12 —||
|(a)||fee per civil case provided to approved recipient||
|(b)||annual fee for information provided by email to approved recipient|
The fee under item 5(b) is payable on the date on which the recipient is approved by the Attorney General and on each anniversary of that date.
|6||(a)||on an application or summons for the production of records or documents that are required to be produced to any court, tribunal, arbitrator or umpire||
|(b)||if an officer is required to attend at any court or place out of the Court building where the officer is based, the officer’s reasonable expenses and, in addition for each hour when the officer is necessarily absent from his or her office||
|7||(a)||copies of documents or exhibits for each page or part of a page||
|(b)||for a copy of reasons for judgment -|
|(i) for each copy consisting of not more than 10 pages issued to a person not a party to the proceedings and for each copy in excess of one copy issued to a party to the proceedings||
|(ii) for each copy consisting of 10 or more pages an additional fee per page of||
|(c)||for certifying that a document is a true copy, an additional fee of||
Fee under item 7(a) for a copy of an application is not payable where circumstances under regulation 6(4) exist.
|8||(a)||for a copy of a transcript or notes of evidence, for each page or part of a page||
|(b)||for each copy of a transcript or notes of evidence in electronic format if a fee has been paid under paragraph (a) by the applicant for a copy of the transcript, for each day of transcript||
|(c)||for each copy of a transcript not in electronic format if a fee has been paid under paragraph (a) by the applicant for a copy of the transcript, for each page or part of a page||
A minimum fee of $16.00 is payable under item 8(a).
Fees under this item are payable in the case of an indictable offence dealt with summarily.
|1||On filing —|
|(a)||a prosecution notice;|
|(b)||an application under the Criminal Procedure Act 2004 section 71||
|2||For the issue of a summons or court hearing notice to an accused||
|3||For a warrant of any kind —|
|(a)||issue of it||
|(b)||execution of it||
Suitors Fund Act – 20 cents for prosecution notice.
General & Prosecution Jurisdiction Forms
This page contains all the downloadable forms required by the Industrial Magistrates Court of Western Australia.
CONSTRUCTION INDUSTRY PORTABLE PAID LONG SERVICE LEAVE ACT 1985 CLAIMS
- Form 1A.1 (Originating Claim - Court Copy)
- Form 1A.2 (Originating Claim - Claimant's Copy)
- Form 1A.3 (Originating Claim - Respondent's Copy)
- Form 1A.3 (Originating Claim - Respondent's Copy) Back Page
- Form 2A (Response)
- Form 3A (Affid for Person)
- Form 4A (Affid for Public Auth)
GENERAL JURISDICTION FORMS
- Form 1.1 (Originating Claim - Court copy)
- Form 1.2 (Originating Claim - Claimant copy)
- Form 1.3 (Originating Claim - Resp copy) Back Page
- Form 1.3 (Originating Claim - Resp copy)
- Form 2 (Originating Claim - Response copy)
- Form 3 (Affid for Person)
- Form 4 (Affid for Public Auth)
- Form 5 (Affid for Corp)
- Form 5.1 (Affid for Corp)
- Form 6 (Application)
- Form 7 (Affidavit)
- Form 8.1 (Case Outline)
- Form 8.2 (Schedule to Case Outline)
- Form 9.1 (Disclosure of Docs)
- Form 9.2 (Schedule)
- Form 10.1 (Affid of Disclosure of Docs)
- Form 10.2 (Schedule)
- Form 11 (Request Inspect Docs)
- Form 12.1 (Invit to Admit)
- Form 12.2 (Schedule to Invite to Admit)
- Form 13.1 (Resp to Invit to Admit)
- Form 13.2 (Schedule to Resp to Invit)
- Form 14.1 (Request Interrog)
- Form 14.2 (Schedule to Resq for Ans)
- Form 15.1 (Interrog not affidavit)
- Form 15.2 (Schedule to Req for Ans)
- Form 16.1 (Interrog on affidavit)
- Form 16.2 (Schedule to Req for Ans)
- Form 17 (Memo of Consent)
- Form 18 (Notice of Discontinuance whole)
- Form 19 (Notice of Discontinuance part)
- Form 20 (General Orders)
- Form 21 (Final Orders)
- Form 22.1 (Summons to Witness)
- Form 22.2 (Summons - Proof of Sce)
- Form 23 (Appnt of Lawyer)
- Form 24 (Change of Lawyer)
- Form 25 (Change of address)
- Form 26 (Change of email)
- Form 27 (Cessation of Rep)
- Form 28 (Attachment)
- Form 29 (Multipurpose)
- Form 30 (Notify PTC)
- Form 31 (Notify Trial)
- Form 32 (Review of Clerk's decision)
- Form 33 (Refusal of Docs)
- Form A (Court)
- Form B (Claimant)
- Form C (Resp) Back Page
- Form C (Respondent)
- Form D (Response)
- Practice Direction 1 of 2012
- Practice Direction 1 of 2009
- Practice Direction 2 of 2012
- Practice Direction 3 of 2012
- Reg 46(6) - undertaking
PROSECUTION JURISDICTION FORMS
- Form 3 - Prosecution Notice - Court
- Form 3 - Prosecution Notice - Prosecutor Copy
- Form 3 - Prosecution Notice - Copy for Service
- Form 3 - Prosecution Notice - Return of Service
- Form 5 - Court Hearing Notice - For Court Copy
- Form 5 - Court Hearing Notice - For Accused Copy
- Form 5 - Court Hearing Notice - For Accused's Endorsement Copy
- Form 5 - Court Hearing Notice - Return of Service
- Form 5 -(Page 2) Written Plea of Accused
- Form 7 - Applic set aside decision made in absence - Court
- Form 7 - Applic set aside decision made in absence - Applicant
- Form 7 - Applic set aside decision made in absence - Copy for Service
- Form 7 - Applic set aside decision made in absence - Return of Service
- Application for witness summons - Form 9 - Court
- Application for witness summons - Form 9 - Applicant
- Witness summons oral evidence - Form 10 - Court
- Witness summons oral evidence - Form 10 - Applicant
- Witness summons oral evidence - Form 10 - Copy to Serve
- Witness summons oral evidence - Form 10 - Return of Service
- Witness summons to produce a record or thing- Form 11 - Court
- Witness summons to produce a record or thing- Form 11 - Applicant
- Schedule 2 - Information for witness
- Witness summons to produce a record or thing- Form 11 - Copy to Serve
- Witness summons to produce a record or thing- Form 11 - Return of Service
- Application for review of court officer's decision - Form 14 - Court
- Application for review of court officer's decision - Form 14 - Applicant
- Application for review of court officer's decision - Form 14 - Copy to Serve
- Notice of adjournment - No appearance by either party but plea received - Court
- Notice of adjournment - No appearance by either party but plea received - Prosecutor
- Notice of adjournment - No appearance by either party but plea received - Accused
- Application in a prosecution - Form 6 - Court
- Application in a prosecution - Form 6 - Applicant
- Application in a prosecution - Form 6 - Copy to serve
- Application in a prosecution - Form 6 - Return of service
- Notice of Court Hearing details - Application to set aside decision - Court
- Notice of Court Hearing details - Application to set aside decision - Service on applicant
- Notice of Court Hearing details - Application to set aside decision - Service on Respondent
- Notice of Conviction - Revenue
- Notice of Conviction - Trust
- Service Certificate
Other forms - see Criminal Procedure Regulations 2005