Supreme Court Amendment Rules 2005 (WA)
| 29 April 2005 | GOVERNMENT GAZETTE, WA | 1791 |
Supreme Court Act 1935
Supreme Court Amendment Rules 2005
Made by the Judges of the Supreme Court.
1. Citation
These rules are the Supreme Court Amendment Rules 2005.
2. Commencement
These rules come into operation on 2 May 2005 or on the day on
which they are published in the Gazette, whichever is the later.3. The rules amended
The amendments in these rules are to the Rules of the Supreme
Court 1971*.[* Reprint 6 as at 15 October 2004. For amendments to 26 April 2005 see Gazette 19 April 2005.]
4. Interpretation
In these rules, unless the contrary intention appears —
“Form”, if followed by a number, means the form of that
number in the Second Schedule to the Rules of the Supreme
Court 1971.
5. Order 3 amended
(1) Order 3 rule 1 is amended by deleting “section 4 of the
Interpretation Act 1918” and inserting instead —“ the definition of the word “month” in section 5 of the
Interpretation Act 1984
”.
(2) Order 3 rule 5(4) is repealed. 6. Order 31 amended
(1) Order 31 rule 8(1) is amended by deleting “or the Full Court”. (2) After Order 31 rule 8(1) the following subrule is inserted — “
(1a)
This Rule does not apply to a case stated by a tribunal which is empowered or may be required to state a case
| 1792 | GOVERNMENT GAZETTE, WA | 29 April 2005 |
on a question of law for determination by or the
opinion of the Court of Appeal.
”.
(3) Order 31 rule 8(2) is amended by deleting “or the Full Court as
the case may require”.(4) Order 31 rule 8(4) is amended by deleting “or the Full Court, as
the case may be,”.(5) Order 31 rule 8(5) is amended by deleting “or Full Court”. (6) Order 31 rule 8(6) is amended by deleting “or the Full Court”. 7. Order 34 amended
Order 34 rule 14(2) and (3) are repealed.
8. Order 55 amended
Order 55 rule 2 is repealed and the following rule is inserted
instead —“ 2. Committal for contempt of court
Subject to the Act, the power of the Court to punish for
contempt of court may be exercised by an order of
committal made by a Judge, or judge of appeal, sitting
alone.
”.
9. Order 60A amended
(1) Order 60A rule 3(4) is amended as follows:
(a) by inserting after paragraph (b) — “ or ”;
(b) by deleting paragraph (c) and “or” after it.
(2) After Order 60A rule 6 the following rule is inserted — “
7. This Order not to apply to Court of Appeal Registrar
This Order does not apply to or in respect of the Court
of Appeal Registrar or any decision made by that
Registrar.
”.
10. Order 61 amended
(1) Order 61 rule 28(1) is amended by deleting “apply to the Full
Court by motion and in accordance with the provisions of
Order 63 for an order discharging or varying the certificate.”
and inserting instead —
“appeal to the Court of Appeal which may vary or
discharge the certificate.
”.
| 29 April 2005 | GOVERNMENT GAZETTE, WA | 1793 |
(2) Order 61 rule 28(2) is repealed and the following subrules are
inserted instead —“
(2) An appeal under subrule (1) must be commenced and
conducted in accordance with the Supreme Court
(Court of Appeal) Rules 2005.(3) If the Master’s certificate is to be acted upon by the
Accountant, a copy of the appeal notice filed under the
Supreme Court (Court of Appeal) Rules 2005 must be
served on the Accountant as soon as practicable after it
is filed.
”.
11. Orders 63, 63A and 64 repealed
Orders 63, 63A and 64 are repealed.
12. Order 67 amended
Order 67 rule 11(1)(b) is deleted and the following paragraphs
are inserted instead —“
(b)
any originating application made under the Corporations Act 2001 of the Commonwealth;
(ba) any appeal notice filed under the Supreme
Court (Court of Appeal) Rules 2005;
”.
13. Order 68 amended
Order 68 rule 1(1) is amended by deleting “sittings of the Full
Court and the”.14. Order 70 amended
Order 70 rule 10A is repealed and the following rule is inserted
instead —“
10A. Compromise of appeal by person under disability If a person under disability is a party to an appeal to the
Court of Appeal, any settlement or compromise of the
appeal is subject to the Supreme Court (Court of
Appeal) Rules 2005.
”.
15. Order 75A amended
(1) Order 75A rule 1 is amended as follows:
(a)
by inserting before “In this Order” the subrule designation “(1)”;
| 1794 | GOVERNMENT GAZETTE, WA | 29 April 2005 |
(b)
by inserting at the end of the rule the following subrule —
“
(2) A term defined in the Act has the same meaning in this
Order as it does in the Act, unless the contrary
intention appears.
”.
(2) Order 75A rule 2(1) is amended by deleting “Full Court” and
inserting instead —“ Supreme Court (Full Bench) ”. 16. Order 76 amended
(1) Order 76 rule 2(1)(a) is amended by deleting “, pursuant to an
order of the Full Court, under suspension from practice” and
inserting instead —“
a disqualified person as that term is defined in
section 3 of that Act
”.
(2) Order 76 rule 3(1) is amended by deleting “Full Court” and
inserting instead —“ Supreme Court (Full Bench) ”. (3) Order 76 rule 3(2) is amended by deleting “Full Court” and
inserting instead —“ Supreme Court (Full Bench) ”. (4) Order 76 rule 4(1) is amended by deleting “Full Court” and
inserting instead —“ Supreme Court (Full Bench) ”. (5) Order 76 rule 6(1) is amended by deleting “Full Court” and
inserting instead —“ Supreme Court (Full Bench) ”. (6) Form 93B is amended by deleting “Full Court” in the 2 places it
occurs and in each place inserting instead —“ Supreme Court (Full Bench) ”. 17. Order 77 repealed
Order 77 is repealed.
| 29 April 2005 | GOVERNMENT GAZETTE, WA | 1795 |
18. Order 81D amended
Order 81D rule 10 is repealed and the following rule is inserted
instead —“ 10. Appeals and questions of law
The Supreme Court (Court of Appeal) Rules 2005
apply to and in respect of —
(a)
an appeal, or an application for leave to appeal, under section 38; and
(b)
an application under section 40 to the Court for the determination of a question of law.
”.
19. Order 85 amended
Order 85 rule 6(1)(b) is deleted and the following paragraph is
inserted instead —“
(b)
if the order sought is one that, had the judgment been one of a Judge or Master of the Supreme Court, could be made only by the Court of Appeal on an application for leave to appeal or on an appeal — by way of appellate proceedings to the Court of Appeal under the Supreme Court (Court of Appeal) Rules 2005.
”.
20. References to “Full Court” changed to “Court of Appeal”
Each of the provisions listed in the Table to this rule is amended
by deleting “Full Court” in each place it occurs and inserting
instead —“ Court of Appeal ”.
Table
Order 1 rule 7(2)(b) Order 57 rule 1(1) Order 66 rule 24(2)(b) Order 31 rule 1(1) Order 57 rule 2(1) Order 70 rule 10(1) Order 31 rule 7 Order 60 rule 3 Order 84 rule 3 Order 34 rule 17 Order 60A rule 6(2) Second Schedule — Order 56 rule 2 Order 61 rule 27(3) Form No. 64 Order 56 rule 3
| 1796 | GOVERNMENT GAZETTE, WA | 29 April 2005 |
Dated: 27 April 2005.
Judges’ signatures:
DAVID K. MALCOLM, Chief Justice.
M. J. MURRAY C. J. McLURE N. J. OWEN C. J. L. PULLIN C. D. STEYTLER E. M. HEENAN C. A. WHEELER M. L. BARKER G. P. MILLER R. L. LE MIERE J. R. McKECHNIE R. L. SIMMONDS N. P. HASLUCK P. D. BLAXELL L. W. ROBERTS-SMITH
———————————
0
0
0