Magistrates Court of Western Australia
Encyclopedia
The Magistrates' Court of Western Australia is the first tier court in Western Australia
, a state of Australia
. It has jurisdiction in respect of criminal and civil matters, as well as a range of administrative matters. The court came into existence in May 2005 and was the result of the amalgamation of the Court of Petty Sessions of Western Australia, Small Claims Tribunal of Western Australia, and the Local Court of Western Australia.
. The amalgamation also occurred at a time when changes were made to the appointments of justices of the peace, appointment of magistrates and civil procedure in the state by widening the options available for enforcing bad debts .
The reforms envisaged that the jurisdiction of the court for civil claims would increase from $25,000 to $50,000 as well as the ability for the chief magistrate to establish divisions in the court to deal with specific classes of offenders, such as by establishment of a drug court
or a family violence court.
and it is also a court of record
. The court has a civil jurisdiction under the Magistrates Court (Civil Proceedings) Act 2004 (WA). The court exercises the criminal jurisdiction which a court of petty sessions previously had or which a court of summary jurisdiction could have exercised prior to the creation of the court. The court can also exercise any jurisdiction conferred upon it.
can appoint magistrates to the court. The governor can also appoint a chief magistrate, as well as deputy chief magistrates.
The court normally sits with a magistrate sitting alone. However, the governor may make a regulation which allows a single justice of the peace or two justices of the peace to sit as the court.
Western Australia
Western Australia is a state of Australia, occupying the entire western third of the Australian continent. It is bounded by the Indian Ocean to the north and west, the Great Australian Bight and Indian Ocean to the south, the Northern Territory to the north-east and South Australia to the south-east...
, a state of Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
. It has jurisdiction in respect of criminal and civil matters, as well as a range of administrative matters. The court came into existence in May 2005 and was the result of the amalgamation of the Court of Petty Sessions of Western Australia, Small Claims Tribunal of Western Australia, and the Local Court of Western Australia.
History
The amalgamation of the three courts followed from recommendations made by the Western Australian Law Reform CommissionWestern Australian Law Reform Commission
The Law Reform Commission of Western Australia is a commission to investigate, review and advise on the reform of the law in Western Australia, a state of Australia. The present commission came into existence on 31 October 1972.-History:...
. The amalgamation also occurred at a time when changes were made to the appointments of justices of the peace, appointment of magistrates and civil procedure in the state by widening the options available for enforcing bad debts .
The reforms envisaged that the jurisdiction of the court for civil claims would increase from $25,000 to $50,000 as well as the ability for the chief magistrate to establish divisions in the court to deal with specific classes of offenders, such as by establishment of a drug court
Drug court
Drug Courts are judicially supervised court dockets that handle the cases of nonviolent substance abusing offenders under the adult, juvenile, family and tribal justice systems...
or a family violence court.
Jurisdiction
The court is constituted under the Magistrates Court Act 2004 (WA). It is an inferior courtAustralian court hierarchy
There are two streams within the hierarchy of Australian courts, the federal stream and the state and territory stream. While the federal courts and the court systems in each state and territory are separate, the High Court of Australia remains the ultimate court of appeal for the Australian...
and it is also a court of record
Court of record
In common law jurisdictions, a court of record is a judicial tribunal having attributes and exercising functions independently of the person of the magistrate designated generally to hold it, and proceeding according to the course of common law, its acts and proceedings being enrolled for a...
. The court has a civil jurisdiction under the Magistrates Court (Civil Proceedings) Act 2004 (WA). The court exercises the criminal jurisdiction which a court of petty sessions previously had or which a court of summary jurisdiction could have exercised prior to the creation of the court. The court can also exercise any jurisdiction conferred upon it.
Composition
The Governor of Western AustraliaGovernor of Western Australia
The Governor of Western Australia is the representative in Western Australia of Australia's Monarch, Queen Elizabeth II. The Governor performs important constitutional, ceremonial and community functions, including:* presiding over the Executive Council;...
can appoint magistrates to the court. The governor can also appoint a chief magistrate, as well as deputy chief magistrates.
The court normally sits with a magistrate sitting alone. However, the governor may make a regulation which allows a single justice of the peace or two justices of the peace to sit as the court.