Proceedings in wardens' courts
Please note: As of the 2nd of June 2020, subject to compliance with the social distancing requirements, all parties and their representatives are to remain outside the court until their matter is called. Once your matter is concluded please leave the court room immediately. The matters in the Warden's Court will proceed in this way until further notice.
The Warden’s Court is constituted under the Mining Act 1978 (WA) and its jurisdiction extends throughout Western Australia.
Any person holding office as a stipendiary magistrate may be appointed as a warden and can preside in a Warden’s Court. All proceedings relating to a mining tenement must be filed at any office of the Warden’s Court for any of the designated districts in which the mining tenement lies. A Warden’s Court has jurisdiction to hear and determine all actions, suits and other proceedings recognised by any court of civil jurisdiction as set out in Sec 132 of the act.
A Warden’s Court has power to make orders on all matters within its jurisdiction as set out in Sec 134 of the act. Hearings in the Warden’s Courts are held in open court and witness evidence may be obtained by subpoena. Evidence is given under oath or by affirmation and the normal rules of evidence apply as set out in Sec 138 of the act. The order of counsel’s addresses is determined in the Local Court. Decisions arising from the various Warden’s Courts may be published in the archive of Warden’s Court decisions if given a decision number by the Warden.
Note: please contact Online Services if you are unable to locate the decisions you are after.
Part IV Proceedings
Amendments to the Mining Regulations 1981, published in the Government Gazette in July 2020, allow parties appearing before the Warden in the early stages of Part IV Proceedings to be represented by either a lawyer or an agent without seeking special leave.
Part IV Proceedings relate to applications or objections under Part IV of the Mining Act 1978, including applications for mining tenements, forfeiture, exemption from expenditure conditions and restoration.
The amendments entitle people or commercial entities to be represented by an agent who is not a lawyer at the initial administrative stage of proceedings, known as a mention hearing, without seeking the leave of the Warden in exceptional circumstances.
Parties are still required to obtain the leave of the Warden due to exceptional circumstances to be represented by an agent who is not a lawyer at an interlocutory or substantive hearing. The leave must be sought at least 14 days before the first hearing at which the agent will represent the party.
A party wishing to be represented by either an agent or a lawyer must lodge a Notice of Representation or Change in Representation with the Warden’s Officer or Mining Registrar where the matter is being held.
View the list of Warden's court dates in 2020.
The Warden’s Court listings (cause lists) includes the Court venue address and the presiding Warden.
Archive of Warden’s Court decisions. The lists include the court venue address and the presiding warden.
Warden practice directions under Part VIII of Mining Regulations 1981
|Practice direction number||Topic|
|1 of 2017||Request for leave to act as agent in Warden's Court matters|
|1 of 2015||
Listings before the Warden sitting in Coolgardie
|1 of 2014||
Rescinded on 10/04/2017 - Replaced by 1 of 2017
|1 of 2012||Listings before the Warden sitting in Karratha and Marble Bar|