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 on 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 the Webmaster if you are unable to locate the decisions you are after.
The Warden’s Court listings (cause lists) includes the Court venue address and the presiding Warden.
Archive of Warden’s Court decisions. The lists includes the Court venue address and the presiding Warden.
Warden practice directions under Part VIII of Mining Regulations 1981
|Practice direction number||Topic|
|1 of 2015||
Listings before the Warden sitting in Coolgardie
|1 of 2014||
Request for leave to act as agent in Warden's Court matters
|1 of 2012||Listings before the Warden sitting in Karratha and Marble Bar|