Supreme Court Amendment Rules 1995 (WA)

24 January 1995] GOVERNMENT GAZETTE, WA 269

JUSTICE

JM301

For amendments to 16 December 1994 see 1993 Index to Legislation of Western Australia, Table 4, pp. 267-9, and Gazettes of 1 March, 28 June, 1 and 22 July, 26 August, 9 September and 11 November 19941

SUPREME COURT ACT 1935

SUPREME COURT AMENDMENT RULES 1995

Made by the Judges of the Supreme Court.

Citation

1. These rules may be cited as the Supreme Court Amendment Rules 1995.

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 29 March 1986 at pp. 779-1100.

270 GOVERNMENT GAZETTE, WA [24 January 1995

Order 20 amended

3.     Order 20 of the principal rules is amended in Rule 19 -

(a) in paragraph (3) (a) by inserting after "pleading" the following— "

or amended pleading, "; and

(b) after paragraph (4) by inserting the following paragraph - "

(5) Unless special circumstances are shown, an application to amend pleadings consequent upon an

order striking the pleadings out, in whole or in part, shall be accompanied by a minute of the proposed amendment.

Order 21 amended

4. Order 21 of the principal rules is amended in Rule 5 by deleting
paragraph (1) and substituting the following paragraph -

"

(1)

Subject to -

(a)	Order 18 Rules 6, 7 and 8;
(b)	Order 20 Rule 19 paragraphs (2) to (5); and
(c)	the following provisions of this Rule,

the Court may at any stage of the proceedings allow the plaintiff to amend his writ, or any party to amend his pleading, on such (if any) as the Court may direct. terms as to costs or otherwise as may be just and in such manner

Order 27 amended

5.     Order 27 of the principal rules is amended -

(a) following - in paragraph (1) by deleting "Any" and substituting the

Subject to this Rule any

(b)	after paragraph (1) by inserting the following paragraphs -
" (la) Unless the 'Court otherwise orders, no interrogatory for the purpose of proving documents in

the possession, custody or power of another party shall be administered unless the relevant parties have conferred with a view to agreement that the document may be tendered by consent and a certificate to that effect has been fled.

(ib) Interrogatories shall not be permitted and the	cause or matter shall not be entered for trial unless
paragraph (la) has been complied with.
(ic) A conference referred to in paragraph (la) may be used to resolve other issues between the parties.

and

(c) following - in paragraph (5) by deleting "Rule 1" and substituting the

,,

paragraph (1)

24 January 19951 GOVERNMENT GAZETTE, WA 271

Order 64 amended

6.     Order 64 of the principal rules is amended in Rule 4 by deleting

paragraph (1) and substituting the following paragraph -

11

(1)	This Rule applies to
(a) Court of Western Australia Act 1969 or section 107 (3) of the Local Courts Act 1904 for leave to appeal to the

an application under section 79 (1) of the District

Full Court from a judgment or order of the District

Court;

(b)	an application under section 136 (2) of the Workers' Compensation and Rehabilitation Act 1981 for leave
to appeal against a determination or order of the Board;
(c)	an application for leave to appeal to the Full Court

under section 19 of the Guardianship and

Administration Act 1990 from a determination of the Guardianship Board; and
(d)	Act 1994 for leave to appeal against a decision of the

an application under section 118 (1) of the Adoption

Family Court of Western Australia.

•	Order 67 amended
7. Order 67 of the principal rules is amended -

(a) by deleting Rule 5 and substituting the following rule -

Abuse of process: Reference by Registrar to
Judge

5. (1) If any writ, process, motion, application or commission, which is presented for filing, issue or sealing appears to the Registrar to be an abuse of the process of the Court or a frivolous or vexatious proceeding, the Registrar shall refuse to file or issue such writ, process, motion, application or commission without the leave of a Judge or a Master first had

and obtained by the party seeking to file or issue it.

ordinarily returnable before a Master in chambers, an (2) In the case of a motion or an application

application for leave to file or issue such motion or
application shall be made to a Master in chambers.

In all other cases, an application or commission shall be made to a Judge in chambers.

(3)

Applications for leave underparagraphs (2)

and (3) shall be made ex parte and shall be supported
by affidavit.

(4)

272 GOVERNMENT GAZET1T.,, WA (24 January 1995

(ii) by inserting the following paragraph --

(2) When a Registrar refers an application or

a matter to the Court pursuant to —

(a) paragraph (1);

(b)	Order 43 Rule 11_ (2);
(e)	Order 63 Rule 2 (4); or
(d)	Order 66 Rule 45 or 52,

the referral shall be by memorandum containing short background notes, the reason or reasons for the referral and the Registrar's preliminary views on the issue or issues upon which the referral is sought. ”

Dated the 19th day of January 1995.

Judges' signatures G. A. KENNEDY, W. P. PIDGEON,

B. ROWLAND,
E. M. FRANKLYN,
TERENCE A. WALSH,
D. A. IPP,
N. J. OWEN,
M. J. MURRAY,

K. H. PARKER.