Supreme Court Amendment Rules 1994 (WA)
| 784 | GOVERNMENT GAZETTE, WA | [1 March 1994 |
| JM301 | ||
| SUPREME COURT ACT 1935 |
SUPREME COURT AMENDMENT RULES 1994
Made by the Judges of the Supreme Court.
" Service and Execution of Process Act 1992 Citation
1. These rules may be cited as the Supreme Court Amendment Rules 1994.
Principal rules
2. In these rules the Rules of the Supreme Court 1971* are referred to as
the principal rules.
[* Reprinted in the Gazette of 21 March 1986 at pp. 779-1100.
For amendments to 25 January 1994 see 1992 Index to Legislation of Western Australia, Table 4, pp. 261-3, and Gazettes of 6 January, 26 March, 20 April, 29 June and 17 September 1993.1
Order 5 amended
3. Order 5 of the principal rules is amended in Rule 9 by deleting "Service
and Execution of Process Act 1901" and substituting the following —
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Order 10 amended
4. Order 10 of the principal rules is amended in Rule 1A -
(a) by insertinq after the Rule designation "IA." the paragraph designation (1)"; and
(b) by inserting the following paragraph - a
process to which the Service and Execution of Process (2) This Order does not app]y to any service of Act 1992 of the Commonwealth applies.
Order 34 amended
5. Order 34 of the principal rules is amended -
(a) in Rule 14 (3) by deleting "the exhibits put in by that party" and
• substituting the following - a
or to the person who produced them, the exhibits
put in by that party or produced by that person.
(b) in Rule 15 (1) by inserting after "that appeal," the following -
subject to Rule 15B (1), "; and
(c) by inserting after Rule 15 the following Rules - a
produces the document or object Return of document or object to the person who iSA. (1) A party to an action who subpoenas a
to the action, which was - document orobject, belonging to a person not a party (a)
marked for identification but not tendered; or
(b) neither marked nor tendered,
in the action must, at the completion of the hearing of and return it to the person named in the subpoena. the action, uplift the document or object forthwith Return of exhibit to the person who produces the exhibit
15B. (1) If an appeal is not instituted within the instituted, then upon the disposal of that appeal, the time mentioned in Rule 14 (1), or if an appeal is associate or Principal Registrar, as the case may be, person who is not a party to the action which has must cause a document or object, belonging to a been put in as an exhibit during the trial of an action to be delivered or transmitted to the person named in the subpoena, if it was produced pursuant to a subpoena, and otherwise to the person who produced the exhibit. High Court Rules providing for the retention and (2) This Rule is subject to the provisions of the transmission of exhibits in appeals from the Supreme
Court.
14979-2
| 786 | GOVERNMENT GAZETTE, WA | [1 March 1994 |
Order 36 amended
6. Order 36 of the principal rules is amended -
(a) in Rule 12 by inserting after paragraph (1) the following paragraph - £4
(la) A notice in accordance with -
Form 22A, if the person to whom the writ
(a) of subpoena is addressed is not in prison; and
Form 22B, if the person to whom the writ
(b) of subpoena is addressed is in prison, informing the person of his rights and obligations in respect of the writ of subpoena, must be attached to the writ of subpoena, or a copy of the writ of subpoena.
(b) by inserting after Rule 15 the following Rule -
a
Time for Service
onlyif the period between service and the day on 15A. (1) Service of a writ of subpoena is effective which the person to whom the writ of subpoena is addressed is required to comply with the subpoena is not less than -
(a) 14 days; or (b) application, allow. such shorter period as the Court may, on
it is satisfied that - (2) The Court may allow a shorter period only if
(a) given by the person to whom the the giving of the evidence likely to be subpoena is addressed, or the production of a document or thing specified in the subpoena, is necessary m the interests of justice; and
(b) there will be enough time for the person to-
(i) hardship or serious inconvenience; comply with the subpoena without
and
(ii) make an application under Rule 18.
(3) In granting an application the Court -
is to impose a condition that the
(a) subpoena not be served after a specific day; and
(b) may impose other conditions.
and
(c) in Rule 16 -
(a) by inserting after the Rule designation "16." the paragraph designation "(1)"; and
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(b) by inserting the following paragraph - a
effective only if— (2) Service of the writ of subpoena is
(a) a copy of the relevant notice prescribed under Rule 12 (la); and
in a case where an application
(b) under Rule 18 is granted, a copy of the order granting the application,
are attached to the writ of subpoena, or copy of
the writ of subpoena, served.
Order 44A amended
"1901" and substituting the following - 7. Order 44A of the principal rules is amended in Rule 8 (1) (b) by deleting " 1992 Order 60 amended
8. Order 60 of the principal rules is amended -
(a) in Rule l(1)-
(i) subparagraph - by inserting after subparagraph (fa) the following a
(fb) under section 16 (1) (b) of the Evidence Act 1906, when hearing a trial in open court; and
(ii) by deleting subparagraph (u);
and
(b) after paragraph (1B) by inserting the following paragraph -
a determine all applications under Parts 2, 3 and 6 of (1C) A Master shall have power to hear and the Service and Execution of Process Act 1992 of the
Commonwealth.
Order 63 amended
9. Order 63 of the principal rules is amended in Rule 7 by deleting
paragraphs (1) and (2) and substituting the following paragraphs -
44
appeal must be entered for hearing before the expiration of (1) Unless the Full Court or a Judge otherwise orders, an 12 weeks from the institution of the appeal.
appeal, not being an application by way of renewal of an ex pczrte (2) Unless the Full Court or a Judge otherwise orders, an
application that has been refused, must be entered for hearing at least 2 months before the day appointed for the commencement of the sittings at which the appeal is to be heard.
| 788 | GOVERNMENT GAZETTE, WA | - [1 March 1994 |
Order 65A amended
10. Order 65A of the principal rules is amended in Rule 1 by inserting after
paragraph (2) the following paragraph -
it
magistrate under Part 5 of the Service and Execution of Process (3) This Order applies to appeals from an order of a Act 1992 of the Commonwealth.
Order 73 amended
11. Order 73 of the principal rules is amended in Rule 3
(a) inparagraph (I), by deleting "paragraph (2)" and substituting the following -
paragraphs (la) and (2) "; and
(b) after paragraph (1) by inserting the following paragraph - a
Court is not required if a writ or notice of a writ in a (la) Notwithstanding paragraph (1) leave of the
the Service and Execution of Process Act 1992 of the probate action is served out of the jurisdiction under Commonwealth.
Order 81B repealed and an Order substituted
12. Order 81B of the principal rules is repealed and the following Order is
substituted -
PROCEEDINGS UNDER THE SERVICE AND EXECUTION
OF PROCESS ACT 1992 OF THE COMMONWEALTH
Interpretation
1. (1) In this Order -
"court of rendition", "enforcement" and "place of
rendition" have the same respective meanings as in
section 104 of the Act;
"the Act" means the Service and Execution of Process Act 1992 of the Commonwealth.
(2) All applications under the Act must be made pursuant to
these Rules.
Enforcement of judgments under section 105 of the Act
2. (1) A party seeking to enforce a judgment under
section 105 of the Act must file a sealed copy of the judgment, or a fax of such a sealed copy, supported by an affidavit.
(2) The affidavit must state that, at the time when the
of being enforced in or by - proceeding to enforce is or is to be taken, the judgment is capable (a) the court of rendition; or (b) a court in the place of rendition, and the extent to which it is capable of being enforced in that
jurisdiction.
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Interest under section 108 of the Act
3. A party seeking to claim interest under section 108 of the Act must file an affidavit verifying to the satisfaction of the Court -
(a) the rate or rates payable in respect of the same period or periods as are applicable in the court of rendition; and (b) those rates and periods. the total amount of interest to be recovered based on
Order 81F amended
13. Order 81F of the principal Rules is amended -
(a) by repealing Rule 17; and
(b) by deleting "Crown Solicitor" wherever it occurs in the provisions referred to in the Table to this paragraph and substituting in
each case the following -
Director of Public Prosecutions ".
TABLE
Rule 14 (3)
Rule 15 (2) Rule 16 (2)
Transitional
14. Any Rules made under section 27 of the Service and Execution of Process Act 1901 of the Commonwealth that were in force immediately before
the commencement of the Service and Execution of Process (Transitional continue to apply with respect to any matter commenced or action taken Provisions and Consequential Amendments) Act 1992 of the Commonwealth
under the Service and Execution of Process Act 1901 of the Commonwealth as if that Act had not been repealed. Second Schedule amended
15. The Second Schedule to the principal rules is amended - (a) in Form No. 6 by deleting "*If the writ carries the endorsements
address must comply with such endorsements." and substituting required by the Service and Execution of Process Act (CIth.) the the following - If the writ carries the endorsements required by the Service and Execution of Process Act 1992 of the Commonwealth the address must comply with such endorsements.
ip
and
| 790 | GOVERNMENT GAZETTE, WA | [1 March 1994 |
(b) after Form No. 22 by inserting the following forms -
No. 22A
(0.36 R.12 (la))
NOTICE TO WITNESS
THIS NOTICE IS VERY IMPORTANT
PLEASE READ IT AND THE ATTACHED
DOCUMENT OR DOCUMENTS VERY
CAREFULLY
IF YOU HAVE ANY TROUBLE
UNDERSTANDING
THEM YOU SHOULD GET LEGAL ADVICE AS
SOON
AS POSSIBLE
Attached to this notice is a subpoena ("the attached subpoena") issued by the Supreme Court. YOUR RIGHTS You may be able to apply to the Court to set aside or obtain other relief in respect of the attached subpoena. If you would like to make an application you should get legal advice as soon as possible.
YOUR OBLIGATIONS You must obey the attached subpoena if -
(a) at the time of service or at some reasonable time before [date for
compliance] you were offered or given either -
(i) enough money tomeet your
reasonable expenses in obeying it 2 including any travel and
accommodation costs; or(ii) a combination of money, travel
tickets and vouchers to meet those
expenses;
and
(b) either
(i) you received the attached subpoena compliance); or at least 14 days before [date of
(ii)you received the attached subpoena
compliance] and you received with the attached subpoena a copy of an less than 14 days before [date of order made by the Court permitting the attached subpoena to be less compliance). than 14 days before (date of
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THIS IS MOST IMPORTANT
If you are subject to a restriction on your movements that you might breach if you comply with the
attached subpoena, there are some additional actions
you must take for your own protection.
The restriction on you could be imposed as -
(a) conditions of bail; (b) conditional release from prison; (c) conditions of probation; (d) home or periodic detention; (e) a community service order, community based order, attendance order or work
and development order; or
(f) some other restriction on your movements imposed by law or by order of a court.
If you are under a restriction of this kind, you must as soon as practicable after you receive the attached subpoena, inform your supervisor of the service of the attached subpoena. If you are on bail, and your bail your supervisor is the police officer or correction is subject to a condition that you report periodically,
service officer you report to. If you are not on bail, or if you are on bail but are not required to report periodically, your supervisor is the person who supervises your compliance with an order or restriction.
Also you must as soon as practicable , inform -
the Supreme Court; and
the [person at whose request the subpoena was
issued],
of the restriction to which you are subject.
You must take all reasonable steps to have the restriction varied so that you can comply with the
attached subpoena.If the restriction is not varied you must inform - the Supreme Court; and
the (person at whose request the subpoena was
issued),
either -
(a) of the steps you took to have the restriction or obligation varied, and that the restriction or obligation has not been
varied; or(b) variation, that the law does not permit that
whichever is the case.
| 792 | GOVERNMENT GAZETTE, WA | [1 March 1994 |
No. 22B
[0.36 R.12 (Ia)]
NOTICE TO WITNESS
THIS NOTICE IS VERY IMPORTANT
PLEASE READ IT AND THE ATTACHED
DOCUMENT OR DOCUMENTS VERY CAREFULLY
F YOU HAVE ANY TROUBLE UNDERSTANDING THEM YOU SHOULD ASK TO RECEIVE LEGAL
ADVICE AS SOON AS POSSIBLE
Attached to this notice is a subpoena ("the attached subpoena") issued by the Supreme Court. YOUR RIGHTS The person in charge of the institution or place in which you are held must provide any assistance that you reasonably require to -
(a) apply to set aside or obtain other relief from the attached subpoena; or
(b) obtain legal advice.
You may be able to apply to a court to set aside or obtain other relief in respect of the attached subpoena. If you would like to make an application you should ask for assistance to obtain legal advice as soon as possible. Ifyou make an application of this kind, you must, within 24 hours, give a copy to the person in charge of the institution or place in which you are held.
YOUR OBLIGATIONS ON RELEASE FROM
CUSTODYIf you are released from the institution or place where you are held before [date for compliance], you must obey the
attached subpoena yourself if—
(a) released and [date for compliance] for it to be there is sufficient time between when you are reasonably practicable for you to comply with
the attached subpoena; and
(b) within a reasonable time after you were released you were offered or given -
(1) enough money to meet your reasonable expenses in obeying it, including any travel and accommodation costs; or
(ii) a combination of money, travel tickets and vouchers to meet those expenses.
THIS IS MOST IMPORTANT
your movements that you might breach if you comply with If, after your release, you are subject to a restriction on
the attached subpoena, there are some additional actions
you must take for your own protection.
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The restriction on you could be imposed as —
(a) conditions of hail; (b) conditional release from prison; (c) conditions of probation; (d) home or periodic detention; (e) order, attendance order or work and a community service order, community based
development order; or
(0 some other restriction on your movements
imposed by law or by order of a court.
If you are under a restriction of that kind, you must, as soon as practicable after you are released, inform your supervisor of the service of the attached subpoena. It you are on bail, and your bail is subject to a condition that you report periodically, your supervisor is the police officer or
correction service officer you report to. If you are not on bail, or if you are on hail but are not required to report periodically, your supervisor is the person who supervises your compliance with an order or restriction.
Also you must as soon as practicable, inform —
the Supreme Court; and
the [person at whose request the subpoena was issued],
of the restriction to which you are subject.
You must take all reasonable steps to have the restriction varied so that you can comply with the attached subpoena.
If the restriction is not varied you must inform —
the Supreme Court; and
the [person at whose request the subpoena was issued],
of the restriction to which you are subject, and —
(a) of the steps you took to have the restriction varied, and that the restriction has not been
varied; or
(b) that the law does not permit that variation, whichever is the case.
Dated the 31st day of January 1994.
[Judges' signatures]
DAVID K. MALCOLM.
G. A. KENNEDY. B. ROWLAND.
E. M. FRANKLYN.
PAUL SEAMAN.
TERENCE A. WALSH.
D. A. IPP.
HENRY WALLWORK.
R. J. M. ANDERSON.
N. J. OWEN. K. WHITE.
GRAEME scow.
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