District Court of Western Australia

Prior to the District Court's commencement, Western Australia's court system had two tiers: the lower tier consisting of the Court of Petty Sessions and the Local Court; and the upper tier consisting solely of the Supreme Court. The Supreme Court held jurisdiction over all indictable criminal offences and civil matters, whilst the Court of Petty Sessions held jurisdiction over summary criminal offences, committal jurisdiction for indictable offences, whilst the Local Court had jurisdiction to hear civil claims not exceeding $1,000, and not on categories of claims including ejectment, title to land, wills, libel, slander, seduction or breach of promise of marriage.[4] The most distinct separation in decision making was between the jurisdiction of judges, who were officers of the Supreme Court, and stipendiary magistrates and Justices of the Peace of the lower Courts.[4]

Following World War II, Western Australia experienced positive annual population growth of approximately 3%. The population grew from 481,530 in 1944 to 954,846 by 1969.[5] During this period and towards the beginning of the 1960s, public interest in establishing an intermediary Court began,[1] as the court system experienced an increased volume of legal matters. A particular example is the near doubling of divorce petitions heard by the Supreme Court, increasing from 570 in 1960 to 1,006 in 1968.[4]

Whilst the issues were identified in the middle of the 1960s, government officials delayed the introduction of the Court in order to consult legal professionals and their bodies, such as the Law Society of Western Australia. A sub-committee within the Law Society was established and recommended a District Court that would serve the entire Western Australian state,[1] with a base in Perth and rotational registrars in other localities. An alternative proposal was investigated by the then Chief Justice of the Supreme Court of Western Australia, Sir Albert Wolff KCMG, which would be to establish an intermediary court in the north of Western Australia to accommodate growing populations.[1]

The District Court of Western Australia Act 1969 was passed by both Houses of the Western Australian Parliament on 17 November 1969,[6] with the District Court commencing on 1 April 1970 following a proclamation by the Governor Douglas Kendrew on 26 March.[7] According to Griffith (1969), the District Court was introduced to "enable adequate administration of justice in our expanding community."[4] Griffith (1969) identified four key advantages to establishing a District Court, being (a) decentralising the legal profession to serve areas outside of Perth, (b) enabling Western Australia to legislate for uncontentious divorce petitions to be heard in the District Court, (c) preventing backlog in the Supreme Court, and (d) to establish a flexible judicial system for future administration of justice.[4]

The District Court has introduced judicial features to assist the expedience of the court process. An example is the introduction of case management for criminal cases by Chief Judge Antoinette Kennedy, which reduced criminal proceeding durations by 56 weeks to an average of 20 weeks.[8] A more recent development has been the introduction of electronic document filing and trial systems for civil proceedings.[1]

Unlike other Australian District Courts, the District Court of Western Australia is not an inferior court in respect of its criminal justidiction.[9] It is a superior court, meaning it has unlimited jurisdiction for criminal matters and derives its power from legislation.

The District Court is given the jurisdiction to hear criminal cases.[10] At introduction, the District Court only had jurisdiction over indictable offences where the maximum punishment was less than 14 years, as these matters were tried in the Supreme Court.[11] As the judicial system has reformed, the District Court now has jurisdiction over all indictable offences except for murder, manslaughter, attempts to unlawfully kill and the offence of preventing the birth of a live child.[12] The District Court can hear appeals to reconsider the factual evidence from a primary court such as the local court.[13]

The District Court also holds jurisdiction to determine civil actions. Initially, the limit on claimable sum was $6,000 at the Court's inception,[11] but that has since been increased to a limit of $750,000.[14] It is unclear whether or not the District Court can exercise equitable jurisdiction,[15] however the District Court held that its legislating act does not expressly confer on the Court jurisdiction to grant the equitable remedy of specific performance.[16]

Appeals can be made against decisions of the District Court. Appeals are made to the Court of Appeals division of the Supreme Court.[17]

Cases determined in the District Court must follow the District Court Rules 2005 (WA).[18] Between 1996 and 2005, District Court cases were required to abide by the District Court Rules 1996 (WA).[19] These rules include the filing and service of court documents,[20] rules regarding pre-trial case management,[21] rules regarding the submission and handling of evidence,[18] and rules regarding appeals heard in the District Court.[22]

In addition, cases heard in the District Court must also follow the rules of the Supreme Court,[23] unless there is an inconsistency in which case the District Court Rules 2005 (WA) prevails.[24]

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