Chamber Summons

The District Court applies the Rules of the Supreme Court 1971 (WA) to its cases (District Court Rules 2005 r 6). Under RSC Order 59, an application in chambers that is not ex parte is made by summons, which must state the orders sought and the grounds (O 59 r 3), is issued when sealed by the Court (O 59 r 4) and must be served 7 days before the return day unless a shorter period is allowed (O 59 r 5). In the District Court, DCR r 22 also requires the parties to try in good faith to resolve the issues first, and a certificate of conferral must be included in or filed with the summons. The Court publishes this Chamber Summons template on its Civil Procedure Forms page.

When you need it

• You need an interlocutory order in an existing District Court civil case, for example about discovery, amending a pleading, extending time to enter the action for trial, or other conduct of the case (RSC O 59 r 1).
• The other parties need to be heard. An ex parte application is made by motion instead (O 59 r 3(1)(b)).
• You are applying after the case has been listed for trial. The summons must then be accompanied by an affidavit setting out why the order is necessary (DCR r 48B).
• Proceedings are not yet on foot. A new proceeding in chambers is started by originating summons (Form 1B), not a chamber summons.

1. 1

   Complete the heading

   Enter the registry (Perth unless filed elsewhere), the action number and year, and the plaintiff and defendant exactly as in the action.

2. 2

   Describe the orders in the title

   After "For orders to" give a short description of the orders sought (footnote 1 on the template), for example "extend time for discovery".

3. 3

   Fill in the document details

   Enter the date of the document, the party it is filed on behalf of (delete plaintiff or defendant as applicable), who prepared it, and the address, telephone, email and reference.

4. 4

   Leave the return date for the Court

   The "Let all parties concerned attend the Registrar in chambers" paragraph carries the hearing day and time. The Court's practice notes refer to selecting a hearing date in the ECMS when filing; make sure the date shown allows 7 days for service (O 59 r 5).

5. 5

   Set out the orders sought

   List each order in a numbered paragraph, worded as you want the Court to make it. Because O 59 r 3(3) requires the application to state its grounds as well as the orders, make sure the grounds are stated; the template has no separate grounds section.

6. 6

   Add the conferral certificate

   Include in the summons, or file with it, a certificate that the parties conferred and did not resolve the issues, or that they did not confer and why (DCR r 22(2)).

7. 7

   Address it to the other parties

   Under "To" name each other party and their address for service, which is the lawyer's address if the party is represented (footnotes 5 and 6). A summons must be addressed to everyone on whom it is to be served (O 59 r 4(1)).

• Lawyers must eLodge civil documents through the ECMS. A self-represented party should use the ECMS if registered, or otherwise may lodge by email to districtcourt@justice.wa.gov.au (preferred) or in hard copy at the registry (PNC 1.2.1).
• File any supporting affidavit (Form 1A) with the summons. After a trial listing an affidavit is mandatory (DCR r 48B).
• Serve the sealed summons on each other party 7 days before the return day, unless the Court or the rules allow a shorter period. A summons asking only to extend or abridge time may be served the day before the return day (O 59 r 5(1) and (2)).
• A party opposing the summons must file and serve any affidavit in reply at least 2 days before the return day, unless the Court orders otherwise (O 59 r 5(3)).
• Interlocutory applications made within 12 weeks of the first trial date are dealt with by the Trial List Judge or the trial judge; after filing, notify the Court in writing by letter lodged in the ECMS that the application should be listed urgently before a judge (PNC 2.5.5).
• A filing fee may apply - check the District Court fee schedule.

• Do not skip conferral. DCR r 22 requires a good faith attempt to resolve the issues before filing, and a certificate either way.
• A contested summons needing longer argument or written submissions will ordinarily go to a special appointment, and an outline of submissions is then required under DCR r 61 (PNC 1.8).
• A summons cannot be amended after issue without the Court's leave (O 59 r 4(4)), so check the orders carefully before filing.
• Draft the orders so a registrar could make them in exactly those words.