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District Court of
Western Australia
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Extraction of Orders

The Court will now accept draft orders for extraction by email. 

Email lodgement of orders for extraction

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 copy, and the settled draft order will be returned to the party if any amendments are required.

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:

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.

Duplicate orders

The Court’s 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 the Court extracts the order, it will provide a signed original to the plaintiff.  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.

 

For more information, see the Circular to Practitioners CIV 8/2005 Extraction of Orders

Last updated: 2-Jul-2014

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