The District Court has recently clarified the application of changes to the District Court Rules 2005 (WA), Rules 44A to 44G, to actions that are 'inactive' under the former case management regime.
The main point to note under the new rules is that under Rule 44G (1), a case that is on the Inactive Cases List for 6 continuous months is taken to have been dismissed for want of prosecution.
The Court has confirmed that it will not apply the new rules retrospectively but will place cases on the Inactive Cases List where:
(a) no documents have been filed since 1 July 2010; or
(b) the party has failed to comply with a Form 2 default notice, the compliance date for which was after 1 July 2011.
Where a case is placed on the Inactive Cases List, a Rule 44D notice is given to the parties and the 6 month time limit for automatic dismissal under Rule 44G is triggered. In other words, if the parties have not received a notice pursuant to Rule 44D, the case has not been placed on the Inactive Cases List and Rule 44G is not operative.
A party wishing to have an old case placed on the Inactive Cases List should write to the Principal Registrar requesting the issue of a summons to show cause pursuant to Rule 44B.
We are conducting a review of all matters which might require placement on the Inactive Cases List and will advise relevant clients of the outcome of the review as soon as possible.
For further information, contact Stephen Williams, Vidal Hockless or Ashley Crisp on (08) 9321 3755.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
