Where a party is represented by a law firm and requires an extracted order, the draft order should be eLodged via the eCourts Portal.
Self-represented litigants who are eCourts registered users may lodge a draft order for extraction via the eCourts portal. Self-represented litigants who are not registered users may lodge a draft order for extraction preferably via email to districtcourt@justice.wa.gov.au.
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.
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 on a Chamber Summons, before both Registrars and Judges. It is for the parties to extract these orders.
For more information, see the District Court Consolidated Civil Procedures.
Last updated: 1-Jul-2024
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