Practice Direction 5 of 2026 - Applications for Review or Appeal of Registrar Decisions
1. Application of Practice Direction
This Practice Direction applies to certain applications made following a decision of a registrar of the Children's Court of Western Australia (Children's Court).
For the purposes of this Practice Direction, magistrate means a magistrate of the Children's Court.
This Practice Direction has effect from 20 May 2026.
2. Place of Lodgment
An application to which this Practice Direction applies must be lodged at the registry of the Children’s Court where the decision that the application relates to was made.
3. Refusal of a request for access to a court record
Pursuant to s 51A(9) of the Children's Court of Western Australia Act 1988, a registrar's decision to refuse a request under s 51A is final and not subject to any form of review.
Notwithstanding 3.1, where a registrar refuses a request under s 51A of the Children's Court of Western Australia Act 1988, the registrar may grant leave for the request to be re-lodged with further or clarified information.
4. Refusal to accept lodgment of a document
A registrar may refuse to accept lodgment of a document where it appears to the registrar that the lodgment would be an abuse of the court's process or is vexatious or frivolous.
Without limiting 4.1, a registrar may refuse to accept the lodgment of a document that does not comply with applicable legislation or direction of the Children's Court, including where an application is lodged in the incorrect form.
Where a registrar refuses to accept a document for lodgment, a person affected by that refusal may apply to a magistrate under s 17 of the Magistrates Court Act 2004 for leave to lodge the document.
An application under s 17 of the Magistrates Court Act 2004 must be made by lodging an 'Application for leave to lodge a refused document' form.
5. Refusal to issue a witness summons in a criminal proceeding
Where a registrar refuses to issue a witness summons under s 159 of the Criminal Procedure Act 2004, a person affected by the decision may apply to the court under s 184 of that Act for a review of the decision.
An application made under s 184 of the Criminal Procedure Act is to be made by lodging a 'Review of court officer's decision' form within 7 days after the date of the decision.
6. Appeal against registrar's decision
A decision of a registrar, other than a decision referred to in paragraphs 3, 4 or 5 of this Practice Direction, may be appealed to a magistrate.
An appeal must be commenced within 21 days after the date of the registrar's decision.
To commence an appeal, the appellant must lodge:
- an 'Appeal against registrar's decision' form; and
- any other documents necessary to determine the appeal.
Unless the court directs otherwise, the appellant must serve a copy of the lodged documents on each other party within 14 days after the date on which the documents are lodged.
An appeal is to be determined by way of a new hearing of the issue that was before the registrar.
On hearing the appeal, the court may:
- confirm the registrar's decision; or
- set aside the registrar's decision and make any decision the registrar could have made.
Judge Hylton Quail
President
Children's Court of Western Australia
20 May 2026
Last updated: 20 May 2026