What decisions can I appeal?
A decision made by the Magistrate’s court under the Restraining Orders Act 1997 (WA) may be the subject of an appeal to the District Court. The decisions that can be appealed from are:
The rules governing these appeals are the same as those governing appeals from decisions of the Magistrates Court in its civil jurisdiction.
How long do I have to appeal the decision of the Magistrate?
An Appeal against the decision of a Magistrate in civil proceedings must be commenced within 21 days of that decision.
What results can my appeal achieve?
The appeal involves a rehearing of the original case on the material and evidence that were before the Magistrate. The Judge may allow further evidence to be filed, but only in exceptional circumstances and with the leave of the Court. The Judge can make any order that the Magistrate could have made.
Is my appeal before a Judge in Court?
Yes, a Judge will hear the appeal. There will be an initial directions hearing before a Registrar of the District Court, but this is only to check whether the appeal is ready for hearing by the Judge.
How do I commence an appeal?
An appeal is commenced by the appellant filing a serving an appeal notice. The relevant forms are set out at the end of the this webpage. The Court has produced a Procedure Guide to assist parties to an appeal.
What will my appeal cost?
The law governing appeals from Magistrates Court decisions to the District Court is found in Restraining Orders Act 1997 (WA) s64, Magistrates Court (Civil Proceedings) Act 2004 (WA) Part 7, District Court Rules 2005 (WA) Part 6.
Click here to download a copy of the Procedure Guide.
The relevant forms including from the District Court Rules 2005 (WA), are:
Blank pro forma (with effect from 19 August 2013)
|Form 6 Appeal notice|
|Form 7 Service certificate|
|Form 8 Notice of respondent’s intention||Notice of respondent's intention - RO example|
|Form 9 Application in an appeal|
|Form 10 Consent notice|
|Form 11 Discontinuance notice|
|Form 1A Affidavit|
|Appeal Change of Address||Change of Address - RO example|
(The reference information at the top of the blank pro formas and the worked examples may be deleted).
Last updated: 4-Jul-2016
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