District Court of Western Australia Act 1969 (WA)

Western Australia District Court of Western Australia Act 1969 Western Australia District Court of Western Australia Act 1969 Contents Part I — Preliminary 1. Short title 2 2. Commencement 2 5. Construction and application of certain Acts 2 6. Terms used in this Act 3 7A. Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies 5 Part II — The Court Division 1 — Establishment of the District Court of Western Australia 7. Establishment of the Court 6 8. Court to be a court of record, constitution 6 9. Seal of the Court 6 Division 2 — District Court judges 10. Appointment, qualifications and seniority 7 11. Tenure of office and oath of office 7 12. Salaries and allowances 8 13. Leave of absence 9 14. Application of Judges' Salaries and Pensions Act 1950 9 15. Application of Superannuation and Family Benefits Act 1938 10 16. Application of Judges' Retirement Act 1937 10 17. Judge not to practise as legal practitioner 10 18. Acting appointments 11 18A. Auxiliary appointments 12 Division 3 — Sittings of the Court 19. Places and times 14 20. Chief Judge may direct where judges to sit and may direct 2 or more judges to sit concurrently 15 21. Sitting in chambers 15 22. Records to be moved on discontinuance of a place where Court is held 15 23. Members of the Police Force to attend the Court 16 Division 4 — Commissioners 24. Appointment and jurisdiction of commissioners 16 Division 5 — Registrars 25. Appointment of registrars and other officers 17 26. Registrar's functions and evidentiary provision 17 27. Registrar may administer oaths etc. 17 27A. Employment of personal staff for judges 18 36. Indemnity to persons acting under this Act 18 37. Limitation period for actions that contravene this Act 19 Division 6 — Representation in the Court 39. Who may appear 19 40. Legal practitioners to have no privilege 19 Division 7 — Jurors 41. Application of Juries Act 1957 20 Part III — Jurisdiction of the Court Division 1 — Criminal jurisdiction and procedure 42. Criminal jurisdiction 21 43. Exercise of criminal jurisdiction 22 44. Practice and procedure to be same as Supreme Court 22 45. Change of trial from or to Supreme Court 22 Division 2 — Civil jurisdiction 50. Civil jurisdiction 23 51. Verdict or judgment for amount over the jurisdictional limit 25 52. Practice and procedure to be same as Supreme Court 25 53. Powers and authorities of judges, registrars and other officers 25 54. Absconding debtors, jurisdiction over 26 55. Court has powers of Supreme Court 26 57. Rules of law and equity applicable to the Court 27 58. Defences or counterclaims in the Court and transfers from the Court 27 59. Splitting demands, abandonment of excess 28 60. Suing on separate security a separate cause of action 28 61. Facts establishing jurisdiction need not be stated 28 63. Contempt 28 Part IV — Costs 64. Costs of action or proceeding 31 65. Costs where the Court has no jurisdiction 31 66. Solicitor and client costs, witness expenses 31 67. Costs, taxation of 32 68. Solicitor and client costs to be taxed in Supreme Court 32 Part V — Commencement of action 69. Where action to be commenced 33 70. Defendant may object to where action commenced 33 Part VI — Remitting and transferring actions and matters 71. Transfer to different place 34 72. Judge may change venue 34 74. Court may transfer case to Magistrates Court 34 76. Supreme Court may remit District Court action to Supreme Court 35 77. District Court may remit to Supreme Court 35 78. Proceedings after order to remit 36 Part VII — Appeals, certiorari, prohibition and mandamus 79. Appeal to the Court of Appeal 37 80. Appeals, etc. to be only as provided by this Act 38 81. Certiorari may issue, procedure 38 82. Stay of proceedings may be ordered in certiorari or prohibition proceedings 38 83. Prohibition proceedings, procedure 39 84. Order in lieu of mandamus 40 85. Notice to be given of writ of certiorari or prohibition on ex parte application 40 Part VIII — Practice and procedure and rules of court 86. Action may be dealt with at more than one place 41 87. Rules of court to govern practice and procedure 41 88. Rules of court, making, content 41 89. Rules to be published and laid before Parliament 43 89A. Regulations 44 90. Saving 45 Schedule 1 — Oath and affirmation of office Notes Compilation table 47 Uncommenced provisions table 51 Other notes 52 Defined terms Western Australia District Court of Western Australia Act 1969 An Act to establish the District Court of Western Australia and for incidental purposes. Part I — Preliminary 1. Short title This Act may be cited as the District Court of Western Australia Act 1969. 2. Commencement This Act shall come into operation on a date to be fixed by proclamation. [3. Deleted: No. 122 of 1984 s. 3.] [4. Omitted under the Reprints Act 1984 s. 7(4)(e)‑(g).] 5. Construction and application of certain Acts (1) A reference in any other Act or in any regulation, rule, local law, by‑law or instrument made under any other Act in force after the coming into operation of this Act, to a Court of Session, the Chairman thereof, or any officer thereof, shall be read as a reference to the Court, a District Court judge, or the corresponding officer of the Court, as the case requires. [(2) deleted] (3) The Court is a court within the meaning of the term "Court" in the Evidence Act 1906, and the Suitors' Fund Act 1964, and the provisions thereof apply, with such modifications as circumstances require, to the Court, a District Court judge and any officer of the Court. [(4) deleted] (5) Unless the context otherwise requires, a reference in any other Act or in any regulation, rule, local law, by‑law, notice, proclamation or other statutory instrument made, published or in force under this Act or any other Act to the Chairman, or Chairman of Judges, of the District Court shall be read and construed as a reference to the Chief Judge. [Section 5 amended: No. 14 of 1970 s. 4; No. 40 of 1972 s. 4; No. 122 of 1984 s. 5; No. 14 of 1996 s. 4; No. 23 of 2002 s. 13; No. 59 of 2004 s. 85; No. 84 of 2004 s. 33.] 6. Terms used in this Act (1) In this Act, unless the contrary intention appears — action means a civil proceeding commenced by writ or in such other manner as is prescribed by rules of court and includes suit but does not include any criminal proceeding; auxiliary District Court judge means an auxiliary District Court judge appointed under section 18A(1); cause includes any action, suit or other original proceeding between a plaintiff and a defendant and any criminal proceeding; Chief Judge means the District Court judge appointed the Chief Judge and includes a District Court judge appointed to act in the office of Chief Judge under section 18(2a); costs determination means a legal costs determination made under the Legal Profession Uniform Law Application Act 2022 section 133; Court means the District Court of Western Australia established under this Act; defendant includes every person served with any writ of summons or process, or served with notice of, or entitled to attend, a civil proceeding; District Court judge means a judge of the Court, acting judge of the Court or auxiliary District Court judge; judgment includes a judgment, order or other decision or determination of the Court or a District Court judge; jurisdiction includes all powers and authorities incidental to the exercise of jurisdiction; jurisdictional limit means $500 000 and, on and after 1 January 2009, means $750 000; matter means a proceeding in the Court that is commenced otherwise than by writ; party includes a person served with notice of, or attending a proceeding, although not named in the record; plaintiff includes every person asking any relief (otherwise than by way of counterclaim as a defendant) against any other person by any form of proceeding; practice and procedure includes matters relating to costs, the method of pleading, the institution, conduct, trial or hearing and adjudication in any proceeding, the attendance of witnesses, the custody on bail of accused or convicted persons and the enforcement and execution of judgments and all the jurisdiction and powers conferred and the matters prescribed, provided for, or regulated by the rules of court; registrar means the Principal Registrar, a registrar, or a deputy registrar, appointed under section 25; section means a section of this Act; sheriff means the Sheriff of Western Australia and any deputy sheriff appointed by the Sheriff of Western Australia. (2) For the purposes of this Act, legal experience is — (a) standing and practice as a legal practitioner; or [(b) deleted] (c) judicial service (including service as a judge of a court, a magistrate or other judicial officer) in the State or elsewhere in a common law jurisdiction; or (d) a combination of both kinds of legal experience defined in this subsection. [Section 6 amended: No. 7 of 1982 s. 8; No. 122 of 1984 s. 6; No. 53 of 1992 s. 9(3); No. 23 of 1997 s. 4; No. 57 of 1997 s. 48(1); No. 65 of 2003 s. 32(2), 111(2), (3), 125(2); No. 59 of 2004 s. 82(1) and 85; No. 21 of 2008 s. 660(2) and (3); No. 9 of 2022 s. 351.] 7A. Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies The Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies to this Act. [Section 7A inserted: No. 20 of 2013 s. 58.] Part II — The Court Division 1 — Establishment of the District Court of Western Australia 7. Establishment of the Court (1) There shall be in and for the State a Court to be known as the District Court of Western Australia. (2) The Court shall be constituted in the manner provided by this Act. 8. Court to be a court of record, constitution (1) The Court — (a) is a court of record; and (b) shall be constituted by a District Court judge as provided in this Act; and (c) has the criminal and civil jurisdiction conferred on it by this Act. (2) The jurisdiction of the Court is exercisable by one District Court judge, sitting in Court, or as provided in section 21, sitting in chambers. (3) The Court constituted by one District Court judge may sit and exercise the jurisdiction of the Court notwithstanding that the Court constituted by another District Court judge is at the same time sitting and exercising the jurisdiction of the Court. 9. Seal of the Court (1) There shall be a seal of the Court at each place at which the Court is held under this Act. (2) All writs, notices, summonses, certificates, warrants and other processes issued out of the Court shall be sealed or stamped with the seal of the Court. Division 2 — District Court judges 10. Appointment, qualifications and seniority (1) The Governor may, by commission under the Public Seal of the State, appoint as many persons as are needed for the due administration of this Act to be District Court judges. (2) A person is eligible for appointment as a District Court judge if that person is a lawyer and has had not less than 8 years' legal experience. (3) A person so appointed shall be a District Court judge for the whole of the State and under his commission is empowered to act in the Court sitting at any place in the State. (4) The Governor may appoint one of the District Court judges to be the Chief Judge, and may, at any time, revoke his appointment as the Chief Judge. [(4a) Omitted under the Reprints Act 1984 s. 7(4)(e).] (5) The District Court judges other than the Chief Judge, have seniority among themselves according to the dates of their respective appointments as District Court judges, but if 2 or more of them are appointed on the same day, they have seniority according to the precedence assigned to them by the Governor, at the time he makes the appointments. [Section 10 amended: No. 112 of 1978 s. 6; No. 122 of 1984 s. 7; No. 57 of 1997 s. 48(2); No. 65 of 2003 s. 111(4) and 125(3); No. 21 of 2008 s. 660(4); No. 9 of 2022 s. 352.] 11. Tenure of office and oath of office (1) The commission of each District Court judge shall continue in force during good behaviour but the Governor may, upon the address of both Houses of Parliament, remove any District Court judge from his office and revoke his commission. (2) Before a person who is appointed to be a District Court judge, an acting District Court judge, an auxiliary District Court judge, or a commissioner of the Court, performs any function of the office, he or she shall take before the Governor, a Supreme Court judge, or some person authorised for the purpose by the Governor, an oath or affirmation in the form set out in Schedule 1. [Section 11 amended: No. 7 of 1982 s. 9; No. 23 of 1997 s. 5; No. 65 of 2003 s. 125(4); No. 24 of 2005 s. 18.] 12. Salaries and allowances (1) Subject to subsections (3) and (3a), there shall be paid to the District Court judges out of the Consolidated Account, without further appropriation than this Act, salaries at the following rates — (a) to the Chief Judge at the rate of $31 320 a year; (b) to each of the other District Court judges, at the rate of $29 150 a year, and the appropriate rate shall not be diminished during the continuance of the commission of a District Court judge. (2) District Court judges are entitled to such travelling and other allowances or reimbursements as the Governor may, from time to time, approve. (3) A District Court judge who, at the time of his appointment as such, held the office of chairman of the Third Party Claims Tribunal, established but subsequently abolished under the Motor Vehicle (Third Party Insurance) Act 1943, shall be paid the same remuneration as is paid from time to time to a puisne judge of the Supreme Court, and shall not be paid a salary under subsection (1), but is for the purposes of section 14, deemed to be in receipt of a salary as a District Court judge payable to the District Court judge who holds the office of the Chief Judge. (3a) There shall be paid out of the Consolidated Account by way of salary, without further appropriation than this Act, to an auxiliary District Court judge who is receiving a non‑contributory pension under the Judges' Salaries and Pensions Act 1950 or any other Act, or under a law of the Commonwealth or of another State or a Territory, the difference between that pension and the salary payable under subsection (1)(b) to an auxiliary District Court judge, in lieu of the full amount of that salary. (4) A District Court judge who is appointed to act in the office of Chief Judge under section 18(2a) shall be entitled, for so long as his appointment to act as Chief Judge remains in force, to be remunerated and to receive other allowances and reimbursements as if he had been appointed substantively to the office of Chief Judge under section 10(4). [Section 12 amended: No. 14 of 1970 s. 5; No. 100 of 1970 s. 2; No. 40 of 1972 s. 5; No. 91 of 1972 s. 6; No. 23 of 1974 s. 5; No. 45 of 1975 s. 6; No. 7 of 1982 s. 10; No. 122 of 1984 s. 13; No. 6 of 1993 s. 11; No. 23 of 1997 s. 6; No. 77 of 2006 s. 4.] 13. Leave of absence A District Court judge is entitled to the same leave of absence as a judge of the Supreme Court. 14. Application of Judges' Salaries and Pensions Act 1950 (1) The provisions of the Judges' Salaries and Pensions Act 1950, that relate to pensions apply, with such modifications as circumstances require, to each District Court judge and to a surviving spouse, de facto partner or child of a District Court judge after the judge's death in the same manner as they apply to and in respect of a judge of the Supreme Court appointed as such after the coming into operation of that Act, and to a surviving spouse, de facto partner or child of a Supreme Court judge, and for the purpose the term "judge" in that Act includes a District Court judge. [(2) deleted] [Section 14 amended: No. 82 of 1987 s. 8; No. 28 of 2003 s. 46.] 15. Application of Superannuation and Family Benefits Act 1938 (1) If a person is a contributor within the meaning of the Superannuation and Family Benefits Act 1938 1, at the time he is appointed a District Court judge, he may continue to be such a contributor notwithstanding his appointment as a District Court judge. (2) While a person to whom subsection (1) applies, continues to be a contributor under the Superannuation and Family Benefits Act 1938 1, that Act applies to the person; and if he ceases to be a contributor — (a) on or after he attains the age of 60 years but before he attains the age of 65 years he shall be deemed to have elected to retire; or (b) on attaining 65 years he shall be deemed to have retired, under that Act on the day he so ceases to be a contributor and a pension is payable to, and in relation to, him without affecting any pension that may be payable to, and in relation to him, under the Judges' Salaries and Pensions Act 1950, but the pension otherwise payable under that Act to and in relation to him, shall be reduced in accordance with the provisions of that Act by the amount of the State share of the first mentioned pension paid to and in relation to him. [Section 15 amended: No. 100 of 1970 s. 3.] 16. Application of Judges' Retirement Act 1937 The provisions of the Judges' Retirement Act 1937, apply to a District Court judge in the same manner as they apply to a judge of the Supreme Court appointed as such after the coming into operation of that Act. 17. Judge not to practise as legal practitioner (1) A District Court judge shall not practise as a legal practitioner, or be directly or indirectly concerned in such practice. [(2) deleted] [Section 17 amended: No. 14 of 1970 s. 6; No. 40 of 1972 s. 6; No. 65 of 2003 s. 32(3).] 18. Acting appointments (1) Where the Chief Judge is absent from duty or there is a vacancy in the office of Chief Judge, then where no District Court judge is specifically appointed under subsection (2a) to act in the office of Chief Judge, all the duties and powers of the Chief Judge shall during such absence or vacancy devolve upon the senior District Court judge. (2) In the absence or inability of the District Court judge upon whom the powers and duties of the Chief Judge devolve under subsection (1), those powers and duties shall devolve during such absence or inability upon the District Court judge who is next in seniority. (2a) Where the Chief Judge is, or is expected to be, absent from duty or there is a vacancy in the office of Chief Judge, the Governor may appoint a District Court judge to act in the office of Chief Judge for such period as the Governor thinks fit and specifies in the instrument of appointment. (2b) The Governor may at any time revoke the appointment of a District Court judge to act as Chief Judge. (3) Where — (a) a District Court judge including the Chief Judge is, or is expected to be, absent from duty, the Governor may appoint a person qualified to be appointed a District Court judge, to act as a District Court judge during the absence from duty of the first mentioned judge or until he completes the trial or hearing of any cause or matter that he had entered upon and not completed before that judge returns to duty, whichever is the later; or (aa) there is a vacancy in the office of a District Court judge, the Governor may appoint a person qualified to be appointed a District Court judge to act as a District Court judge until the filling of that vacancy or until that person completes the trial or hearing of any cause or matter that he or she had entered upon and not completed before the filling of that vacancy, whichever is the later; or (b) for any reason the conduct of the business of the Court, in the opinion of the Governor, requires such an appointment to be made, the Governor may appoint a person so qualified to act as a District Court judge for such period as the Governor thinks fit and specifies in the instrument of appointment. (4) A person appointed to be an acting District Court judge under subsection (3) — (a) has the same powers and may exercise the same jurisdiction as a District Court judge; and (b) is liable to be removed from office while so acting in the same manner and upon the same grounds as a District Court judge is liable to be removed from office. [Section 18 amended: No. 7 of 1982 s. 11; No. 122 of 1984 s. 13; No. 23 of 1997 s. 7.] 18A. Auxiliary appointments (1) When for any reason the conduct of the business of the Court requires, in the opinion of the Governor, the appointment of an auxiliary District Court judge, the Governor may by commission under the Public Seal of the State appoint a person — (a) who would, but for the fact that he or she has attained the age referred to in section 3 of the Judges' Retirement Act 1937, be qualified to be appointed a District Court judge; or (b) who is a retired judge of the Supreme Court or a retired District Court judge but has not yet attained that age, to be an auxiliary District Court judge for such period not exceeding 12 months as is specified in that commission. (2) The appointment of an auxiliary District Court judge under subsection (1) authorises him or her to complete the hearing and determination of any proceedings that may be pending before him or her at the expiry of — (a) the period of his or her appointment; or (b) any period of extension referred to in subsection (3), so that he or she holds an appointment as an auxiliary District Court judge during any further period while he or she is completing that hearing and determination. (3) An appointment made under subsection (1) may be extended by the Governor by commission under the Public Seal of the State for a further period or periods, but that appointment can only be extended on any one occasion for such period not exceeding 12 months as is specified in the relevant commission. (4) A person appointed to be an auxiliary District Court judge under subsection (1) — (a) has the same powers and may exercise the same jurisdiction as a District Court judge; and (b) is liable to be removed from office while so appointed in the same manner and upon the same grounds as a District Court judge is liable to be removed from office. (5) In subsection (1)(b), the reference to a retired judge of the Supreme Court or a retired District Court judge includes a reference to a person who has resigned from his or her office as — (a) a judge of the Supreme Court; or (b) a District Court judge. [Section 18A inserted: No. 23 of 1997 s. 8; amended: No. 65 of 2003 s. 125(5) and (6).] Division 3 — Sittings of the Court 19. Places and times (1) The Court shall be held at Perth in the State and such other places in the State as the Governor may, from time to time, by proclamation determine. (2) The Governor may, by subsequent proclamation, cancel or alter a place so determined for the holding of the Court. (3) A District Court judge nominated by the Chief Judge shall attend and hold the Court at any place at which the Governor so determines that the Court be held, on such days and at such times as the Chief Judge, from time to time, appoints. (3a) There shall be a registry of the Court at each place where the Court is held and the principal registry shall be at Perth. (4) Notice of the days on which and the times at which the Court is to be held at any place shall be published in the Government Gazette, and the notice shall be exhibited in a conspicuous place in the court house and in the registry of the Court at the place where the Court is to be held, and no other notice thereof is required, unless a District Court judge otherwise directs. (5) The Chief Judge may, from time to time, alter the days and times for the holding of the Court at any place and when any such day is so altered, notice of the intended alteration and the time it is to take effect, shall be exhibited in a conspicuous place in the court house at that place and in the registry of the Court at that place. (6) When the District Court judge who is to hold the Court does not attend at the time appointed for any sitting thereof a registrar thereof may open the Court and adjourn it to the following day or such other day or the next sitting of the Court as he is directed by a District Court judge. (7) Notwithstanding the provisions of subsections (1) to (6) inclusive, the Court and District Court judges may sit and act at any time and at any place, for the transaction of any part of the business of the Court or a District Court judge, or for the discharge of any duty which by any statute or otherwise is required to be discharged. (8) Where a sitting of the Court is to be held at a place other than Perth, a registrar of the Court at the place shall deliver or cause to be delivered to the District Court judge on the first day of the sittings a calendar of all prisoners in custody for trial or sentence at that sitting (wherever the prisoners are confined) and shall bring up or cause to be brought up every such prisoner to the Court, there to be dealt with according to law. [Section 19 amended: No. 58 of 1975 s. 3; No. 122 of 1984 s. 13; No. 53 of 1992 s. 9(3).] 20. Chief Judge may direct where judges to sit and may direct 2 or more judges to sit concurrently The Chief Judge may direct a District Court judge to sit at any place where sittings of the Court are held under this Act, and if it appears to the Chief Judge to be desirable for the more speedy disposal of business, that 2 or more District Court judges should hold sittings of the Court or sit in chambers concurrently for the disposal of business at the same place, the Chief Judge may direct those judges accordingly. [Section 20 amended: No. 122 of 1984 s. 13.] 21. Sitting in chambers A District Court judge may sit in chambers at any time and at any place and, subject to the rules of court, may exercise in chambers any jurisdiction of the Court except the trial of causes and the hearing of applications for new trials. 22. Records to be moved on discontinuance of a place where Court is held When the holding of the Court at any place is discontinued pursuant to section 19, the Governor may, by notice published in the Government Gazette, direct the books and other records of the Court at that place, to be removed to such other place at which the Court is held, as is specified in the notice. 23. Members of the Police Force to attend the Court Members of the Police Force of the State shall when required attend at the Court sitting at a place where those members are stationed, and shall obey and execute in all cases each lawful writ, summons, warrant, execution, order and command of a District Court judge presiding at that Court. Division 4 — Commissioners 24. Appointment and jurisdiction of commissioners (1) The Governor may, by general or special commission under the Public Seal of the State, assign to a person qualified to be appointed a District Court judge under section 10, or to a magistrate the duty of hearing and determining at any place where a sitting of the Court is to be held, any causes or matters, on any questions or issues of fact or of law or partly of the one and partly of the other in any cause or matter, depending in the Court, in the exercise of any civil or criminal jurisdiction capable of being exercised by a District Court judge. (2) A person to whom a commission is given under this section has, while the commission is in force, all the powers, rights and privileges that are conferred on a District Court judge by or under this Act, and the commission has effect as if its terms as they exist from time to time were enacted in this Act. (3) The Governor may, at any time, annul, vary or amend any commission given by him under this section. [Section 24 amended: No. 57 of 1997 s. 48(3); No. 27 of 2000 s. 4; No. 65 of 2003 s. 125(7); No. 59 of 2004 s. 85.] Division 5 — Registrars [Heading inserted: No. 59 of 2004 s. 85.] 25. Appointment of registrars and other officers (1) The Governor may appoint a Principal Registrar and such registrars, deputy registrars and other officers as may be required for the conduct of the business of the Court throughout the State, and all such officers shall severally hold office under and subject to, the provisions of Part 3 of the Public Sector Management Act 1994. [(2) deleted] [Section 25 amended: No. 40 of 1972 s. 7; No. 53 of 1992 s. 9; No. 32 of 1994 s. 3(2).] 26. Registrar's functions and evidentiary provision (1) The functions of a registrar are as set out in this Act and in the rules of court. (2) Any entry in the register or any book of the Court held at any place or a copy thereof, bearing the seal of the Court and signed and certified as a true copy by the registrar of the Court at that place, shall be admitted in all courts and by persons acting judicially as evidence of that entry and of the proceedings referred to by that entry and of the regularity of the proceedings, without further proof and no record of any writ, summons, verdict, judgment, order or decree other than the entry is necessary. [Section 26 amended: No. 14 of 1970 s. 7; No. 98 of 1985 s. 3; No. 53 of 1992 s. 9(3).] 27. Registrar may administer oaths etc. (1) Every registrar may take and administer affidavits, depositions, declarations, oaths and affirmations in relation to any action, cause or matter. [(2) deleted] (3) Section 174 of the Supreme Court Act 1935, apply to the Court, a judge thereof or officer of the Court as they apply to the Supreme Court, a judge thereof or officer of that Court. [Section 27 amended: No. 24 of 2005 s. 19.] 27A. Employment of personal staff for judges (1) On the recommendation of the Chief Judge, the Attorney General may employ, under contracts of service, people to be associates, orderlies and other assistants to the District Court judges. (2) The Public Sector Management Act 1994 does not apply to or in respect of the employment of a person under subsection (1). (3) An arrangement under section 66 of the Public Sector Management Act 1994 may be entered into between an employing authority and the Attorney General under which a public service officer performs the functions, services or duties of an associate, orderly, or other assistant to a District Court judge. [Section 27A inserted: No. 27 of 2000 s. 5.] [28‑35. Deleted: No. 59 of 2004 s. 85.] 36. Indemnity to persons acting under this Act If an action is brought against a person for anything done under a writ or other process issued in pursuance of this Act, the production of the writ or other process under the seal of the Court in the action, is sufficient proof of the authority of the Court prior to the issuing of the writ or other process, and if the plaintiff in the action has a verdict given against him, is non suited or discontinues the action, the defendant shall be allowed full costs as between solicitor and client. 37. Limitation period for actions that contravene this Act Subject to the Limitation Act 2005 (except section 12 of that Act), an action or prosecution shall not be commenced against a person for anything done, or omitted to be done, in pursuance of, or in contravention of, this Act, unless it is commenced within 12 months after the thing was done or omitted to be done, and this section has effect subject to Part 3 of the Limitation Act 2005. [Section 37 amended: No. 20 of 2005 s. 10(1).] [38. Deleted: No. 59 of 2004 s. 85.] Division 6 — Representation in the Court 39. Who may appear (1) A party to an action, cause or other proceeding may appear before the Court in person or by a legal practitioner or by any person allowed by special leave of the presiding District Court judge, in any case. (2) A person who is not such a certificated practitioner is not entitled to claim or recover or receive directly or indirectly a sum of money or other remuneration for appearing or acting on behalf of another person in the Court. [Section 39 amended: No. 65 of 2003 s. 32(4); No. 21 of 2008 s. 660(5).] 40. Legal practitioners to have no privilege No privilege shall be allowed to any legal practitioner to exempt him from the provisions of this Act. [Section 40 amended: No. 65 of 2003 s. 32(5).] Division 7 — Jurors 41. Application of Juries Act 1957 (1) The persons qualified and liable to serve as jurors at civil and criminal trials and for the assessment of damages respectively under the Juries Act 1957 are the persons qualified and liable to act as jurors in the Court. (2) Where the Court is sitting at Perth, the jury books or lists made under the Juries Act 1957, for the Supreme Court shall be the jury books or lists for the Court and the provisions of that Act apply to the Court as though it were the Supreme Court. (3) Where the Court is sitting at a place other than Perth, the jury books or lists made under the Juries Act 1957 for a Circuit Court, within the