Warden's Court

Proceedings in all Wardens' Courts suspended until mid-April

In light of medical advice about limiting the spread of COVID-19 and after consultation with the Chief Magistrate, proceedings in all Wardens' Courts will be suspended until mid-April at which time the situation will be reviewed.

This means there will be no mention hearings until further notice and all hearings currently listed to take place between now and mid-April are vacated.

The suspension of proceedings will not prevent parties from having matters dealt with administratively. For example, Minutes of Programming Orders and Consent Orders can be submitted in the usual way. Also, where the parties are amenable, some matters may be determined on the papers.

In the event that there is a need to call a matter on urgently during the suspension period, unless it is imperative that the parties appear in person, audio link or video link facilities will be utilised.

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: we are in the process of migrating archived copies of the Wardens Court decisions, please contact Online Services if you are unable to locate the decisions you are after.

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