Service certificate (Form 7)

When an appeal to the District Court is started under Part 6 of the District Court Rules 2005, the appeal notice (or WCIMA appeal notice) must be served on the respondent personally or, if the respondent is in prison, by ordinary prepaid post to the prison superintendent (r 51(4)), with a copy of Form 8 (Notice of respondent's intention) attached (r 51(6)). As soon as practicable after service, the appellant must file Form 7 (r 51(7)). In the certificate the appellant states the date, place and server, lists the documents served, and undertakes to file an affidavit of service if the Court requires one.

When you need it

• You have commenced an appeal in the District Court, such as a Magistrates Court civil appeal, and have served the appeal notice on a respondent.
• You have served a WCIMA appeal notice (Form 8A) on a respondent.
• In a Criminal Injuries Compensation Act 2003 appeal, you have also served the Chief Assessor and the State Solicitor's Office, which may be done by ordinary prepaid post (r 51(5)).

1. 1

   Complete the heading

   Enter the appeal number, the appellant and respondent, the registry if not Perth, and the date of filing.

2. 2

   Complete the certificate

   State the date and place of service, the name of the person who served, and the party served.

3. 3

   List what was served

   The certificate covers the appeal notice (or WCIMA appeal notice) and its date, every other document filed with it, and the copy of Form 8. The current form in the rules adds a Schedule for any other documents served.

4. 4

   Adjust for other methods of service

   The notes to the current form say to modify the certificate to describe the method if service was substituted, if the documents were posted to a prison superintendent (when and to which prison), or if the Chief Assessor or State Solicitor's Office was served.

5. 5

   Sign

   The appellant or the appellant's legal practitioner signs and dates the certificate, which includes an undertaking to file an affidavit of service if required.

• File Form 7 as soon as practicable after completing service (r 51(7)). Lawyers eLodge through the ECMS; self-represented parties who are not registered users may email districtcourt@justice.wa.gov.au or lodge at the registry (PNC 1.2.1).
• Personal service is required unless the respondent is in prison or RSC Order 72 rule 4 applies (r 51(4)). Unless otherwise ordered, personal service does not apply to appeals against decisions made at a hearing fixed under section 26(2) of the Restraining Orders Act 1997 (r 51(4C)).
• The respondent then has 21 days from service to file Form 8 (r 53(2)), so the date in your certificate matters.

• Attach Form 8 to the appeal notice before serving. Rule 51(6) requires it, and Form 7 certifies that you did.
• Keep the server's notes of the date, time and place. If the Court asks for an affidavit of service, you have undertaken to provide one.
• The Court's Word file is an older version without the Schedule and the notes on other service methods; check the current Form 7 in the rules if you served by another method.