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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

Practice Direction 4 of 2022 - Application for a Witness Summons

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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