❓ A WA parliamentary question seeks clarification on the Magistrates Court (General) Amendment Rules (No. 2) 2011, specifically regarding civil case hearings in chambers. The Attorney General's representative clarifies that contested hearings are not held in chambers and outlines factors considered for other civil matters.
AnsweredQoN 461Legislative Council
Asked
23 June 2011
Member
Portfolio
parliamentary secretary representing the Attorney General
QuestionView source ↗
MAGISTRATES COURT (GENERAL) AMENDMENT RULES (NO. 2) 2011
I refer to the Magistrates Court (General) Amendment Rules (No. 2) 2011 tabled in this place on 25 May 2011, which inserted rule 28B. (1) Is the court thereby permitted to deal with a contested hearing of a civil case in chambers? (2) What matters must the court consider when deciding whether or not to deal with a civil case or an aspect of a civil case in chambers? (3) Where are these requirements specified? Hon MICHAEL MISCHIN
I refer to the Magistrates Court (General) Amendment Rules (No. 2) 2011 tabled in this place on 25 May 2011, which inserted rule 28B. (1) Is the court thereby permitted to deal with a contested hearing of a civil case in chambers? (2) What matters must the court consider when deciding whether or not to deal with a civil case or an aspect of a civil case in chambers? (3) Where are these requirements specified? Hon MICHAEL MISCHIN
AnswerView source ↗
I thank the honourable member for some notice of the question. (1) No. Contested hearings of a civil case are not heard in chambers. (2) The court considers the following when deciding whether to deal with a civil case or an aspect of a civil case in chambers: convenience to parties; expense to parties; whether by consent; where only one party is involved in the application; applications where parties are not required to appear; and security issues. (3) Requirements are not specified.
(1) Is the court thereby permitted to deal with a contested hearing of a civil case in chambers? (2) What matters must the court consider when deciding whether or not to deal with a civil case or an aspect of a civil case in chambers? (3) Where are these requirements specified? Hon MICHAEL MISCHIN replied: I thank the honourable member for some notice of the question. (1) No. Contested hearings of a civil case are not heard in chambers. (2) The court considers the following when deciding whether to deal with a civil case or an aspect of a civil case in chambers: convenience to parties; expense to parties; whether by consent; where only one party is involved in the application; applications where parties are not required to appear; and security issues. (3) Requirements are not specified.
(2) What matters must the court consider when deciding whether or not to deal with a civil case or an aspect of a civil case in chambers? (3) Where are these requirements specified? Hon MICHAEL MISCHIN replied: I thank the honourable member for some notice of the question. (1) No. Contested hearings of a civil case are not heard in chambers. (2) The court considers the following when deciding whether to deal with a civil case or an aspect of a civil case in chambers: convenience to parties; expense to parties; whether by consent; where only one party is involved in the application; applications where parties are not required to appear; and security issues. (3) Requirements are not specified.
(3) Where are these requirements specified? Hon MICHAEL MISCHIN replied: I thank the honourable member for some notice of the question. (1) No. Contested hearings of a civil case are not heard in chambers. (2) The court considers the following when deciding whether to deal with a civil case or an aspect of a civil case in chambers: convenience to parties; expense to parties; whether by consent; where only one party is involved in the application; applications where parties are not required to appear; and security issues. (3) Requirements are not specified.
Hon MICHAEL MISCHIN replied: I thank the honourable member for some notice of the question. (1) No. Contested hearings of a civil case are not heard in chambers. (2) The court considers the following when deciding whether to deal with a civil case or an aspect of a civil case in chambers: convenience to parties; expense to parties; whether by consent; where only one party is involved in the application; applications where parties are not required to appear; and security issues. (3) Requirements are not specified.
I thank the honourable member for some notice of the question. (1) No. Contested hearings of a civil case are not heard in chambers. (2) The court considers the following when deciding whether to deal with a civil case or an aspect of a civil case in chambers: convenience to parties; expense to parties; whether by consent; where only one party is involved in the application; applications where parties are not required to appear; and security issues. (3) Requirements are not specified.
(1) No. Contested hearings of a civil case are not heard in chambers. (2) The court considers the following when deciding whether to deal with a civil case or an aspect of a civil case in chambers: convenience to parties; expense to parties; whether by consent; where only one party is involved in the application; applications where parties are not required to appear; and security issues. (3) Requirements are not specified.
(2) The court considers the following when deciding whether to deal with a civil case or an aspect of a civil case in chambers: convenience to parties; expense to parties; whether by consent; where only one party is involved in the application; applications where parties are not required to appear; and security issues. (3) Requirements are not specified.
(3) Requirements are not specified.
(1) Is the court thereby permitted to deal with a contested hearing of a civil case in chambers? (2) What matters must the court consider when deciding whether or not to deal with a civil case or an aspect of a civil case in chambers? (3) Where are these requirements specified? Hon MICHAEL MISCHIN replied: I thank the honourable member for some notice of the question. (1) No. Contested hearings of a civil case are not heard in chambers. (2) The court considers the following when deciding whether to deal with a civil case or an aspect of a civil case in chambers: convenience to parties; expense to parties; whether by consent; where only one party is involved in the application; applications where parties are not required to appear; and security issues. (3) Requirements are not specified.
(2) What matters must the court consider when deciding whether or not to deal with a civil case or an aspect of a civil case in chambers? (3) Where are these requirements specified? Hon MICHAEL MISCHIN replied: I thank the honourable member for some notice of the question. (1) No. Contested hearings of a civil case are not heard in chambers. (2) The court considers the following when deciding whether to deal with a civil case or an aspect of a civil case in chambers: convenience to parties; expense to parties; whether by consent; where only one party is involved in the application; applications where parties are not required to appear; and security issues. (3) Requirements are not specified.
(3) Where are these requirements specified? Hon MICHAEL MISCHIN replied: I thank the honourable member for some notice of the question. (1) No. Contested hearings of a civil case are not heard in chambers. (2) The court considers the following when deciding whether to deal with a civil case or an aspect of a civil case in chambers: convenience to parties; expense to parties; whether by consent; where only one party is involved in the application; applications where parties are not required to appear; and security issues. (3) Requirements are not specified.
Hon MICHAEL MISCHIN replied: I thank the honourable member for some notice of the question. (1) No. Contested hearings of a civil case are not heard in chambers. (2) The court considers the following when deciding whether to deal with a civil case or an aspect of a civil case in chambers: convenience to parties; expense to parties; whether by consent; where only one party is involved in the application; applications where parties are not required to appear; and security issues. (3) Requirements are not specified.
I thank the honourable member for some notice of the question. (1) No. Contested hearings of a civil case are not heard in chambers. (2) The court considers the following when deciding whether to deal with a civil case or an aspect of a civil case in chambers: convenience to parties; expense to parties; whether by consent; where only one party is involved in the application; applications where parties are not required to appear; and security issues. (3) Requirements are not specified.
(1) No. Contested hearings of a civil case are not heard in chambers. (2) The court considers the following when deciding whether to deal with a civil case or an aspect of a civil case in chambers: convenience to parties; expense to parties; whether by consent; where only one party is involved in the application; applications where parties are not required to appear; and security issues. (3) Requirements are not specified.
(2) The court considers the following when deciding whether to deal with a civil case or an aspect of a civil case in chambers: convenience to parties; expense to parties; whether by consent; where only one party is involved in the application; applications where parties are not required to appear; and security issues. (3) Requirements are not specified.
(3) Requirements are not specified.
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