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Government of Western Australia State Coat of Arms
Children's Court of Western Australia

Government of Western Australia State Coat of Arms
Children's Court of Western Australia

Home →Publications and Forms→Practice Directions→Practice Direction 4 of 2022 - Application for a Witness Summons

Practice Direction 4 of 2022 - Application for a Witness Summons

To make the Practice Directions accessible we have not used paragraph numbering. If you need this, please see the PDF version.

1. Application of Practice Direction

This Practice Direction applies to an application for a witness summons in all Children's Courts in Western Australia.

Practice Direction 2 of 2014 is revoked on 16 October 2022.

This Practice Direction has effect from 17 October 2022.

2. Application for a witness summons

An application for a witness summons is to be made in the approved form - Form 46 for civil matters, and Form 9 for criminal matters.

The application must be accompanied by a draft witness summons in the approved form:

  1. in the case of an application to give oral evidence - Form 47 in civil matters, and Form 10 in criminal matters; and
  1. in the case of an application to produce a record or thing - Form 48 in civil matters, and Form 11 in criminal matters.

An application will be dealt with by a magistrate or registrar in chambers.

When dealing with the application, the magistrate or registrar may:

  1. approve the application, in whole or in part;
  2. reject the application, in whole or in part; or
  3. refer the application to a hearing for further consideration.

In dealing with the application, the magistrate or registrar may seek further information from the applicant.

3. Self-represented litigant

For civil matters, an application by a self-represented litigant should be accompanied by a covering letter explaining the relevance of the evidence sought, though this requirement may be dispensed with by the Court.

4. Return of summons hearing

Where the application is for a summons (oral evidence or production) returnable at a trial:

  1. the application should be lodged at least 21 days prior to the commencement of trial; and
  2. if the applicant proposes a shorter period, the application is to be accompanied by a covering letter explaining the reasons why.

Where the application is for a summons (production) returnable prior to trial:

  1. the Court will allocate a return date which, in the usual course, will be the first available return of summons hearing being not less than 21 days from the date of lodgment; and
  2. if the applicant proposes a shorter period, the application is to be accompanied by a covering letter explaining the reasons why.

The applicant is to provide a copy of the summons and the return of summons hearing notice to the other parties to the proceedings as soon as practicable after serving the summons on the witness.

A return of summons hearing may be presided over by a registrar or magistrate.

At a return of summons hearing, the Court may:

  1. deal with any objections in relation to the summons;
  2. make directions in relation to the inspection and copying of any records or things produced under a summons; and
  3. where a return of summons hearing is presided over by a registrar, adjourn the matter to a hearing before a magistrate.

A decision by a registrar may be appealed to a magistrate within 21 days of the date of the decision.

A regional Children's Court may modify the lodging times and court listing requirements in paragraph 4 to allow for local circumstances.

Judge Hylton Quail

President
Children's Court of Western Australia
5 October 2022


Last updated: 2 March 2023

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