Industrial Magistrates Courts (General Jurisdiction) Regulations 2005
Part 2-Courts functions generally


    12. Pre-judgment interest, Court's power to order

    (1) Except as provided in this regulation, if a Court orders a party to pay a sum of money, the Court may order the party to pay interest on the sum

    (a) at the yearly rate for judgment debts set out in the notice published under the Supreme Court Act 1935 section 142 and applicable to the period from the date when the cause of case arose to the date when the judgment is made; and

    (b) on the whole or any part of the money for the whole or any part of the period from the date when the cause of case arose to the date when the judgment is made.

    (2) When a Court orders a party to pay the total of the amounts that another party was entitled to be paid on different dates, the Court may order interest to be paid on the total and if it does so it is to calculate the interest as the Court thinks fit.

    (3) This regulation does not authorise the ordering of interest to be paid on costs or any penalty other than a deemed penalty under the Act section 83A.

    (4) Unless good cause is shown to the contrary, if a Court orders a party to pay a sum of money under the Act section 83A, the Court must order the party to pay interest on the sum, at such rate as it thinks fit, from the date when the cause of case arose to the date when the judgment is made.

    (5) An order to pay interest under subregulation (4) may be expressed as an order to pay a lump sum.



Note: This is not an authorised version. The only authorised version is the hardcopy (printed) version published under authority of the Government Printer, available from the State Law Publisher, 10 William St Perth W.A. 6000.