Supreme Court Amendment Rules 2010 (WA)
!201000143GG!
WESTERN 3433 AUSTRALIAN GOVERNMENT
| ISSN 1448-949X | PRINT POST APPROVED PP665002/00041 |
PERTH, WEDNESDAY, 28 JULY 2010 No. 143 SPECIAL PUBLISHED BY AUTHORITY JOHN A. STRIJK, GOVERNMENT PRINTER AT 3.30 PM
© STATE OF WESTERN AUSTRALIA
SUPREME COURT ACT 1935
_________
SUPREME COURT AMENDMENT
RULES 2010
28 July 2010 GOVERNMENT GAZETTE, WA 3435
Western Australia
Supreme Court Amendment Rules 2010
CONTENTS
Part 1 — Preliminary
1. Citation
2. Commencement
3. Rules amended
Part 2 — Amendments about case
management
4. Order 1 amended
5. Order 4A inserted
Order 4A — Case management
Division 1 — Preliminary matters
1. Terms used 2. Term used: case management direction 3. Term used: enforcement order 4. Inconsistencies with other rules Division 2 — Provisions applicable to all cases
5. Court may review a case at any time 6. Timetables 7. Who has to attend conferences 8. Conferences of the parties with a mediator 9. Referees Division 3 — Cases on the CMC List
10. Application of this Division 11. Cases on the CMC List 12. Headings to documents 13.
CMC List judge may order case to be on or taken off CMC List
14.
Asking for a case to be put on the CMC List
15. Interlocutory hearings
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Contents
Division 4 — Cases not on the CMC List
16. Application of this Division
17. Requesting interlocutory orders and case management directions
18. Status conference
19. Case evaluation conference
20. Listing conference
Division 5 — Inactive Cases List
21. Term used: Inactive Cases List
22. Case manager may issue summons to show cause
23. Springing order that case be put on Inactive Cases List
24. Cases inactive for 12 months deemed inactive
25. Parties to be notified of case being on Inactive Cases List and to advise clients
26. Consequences of a case being on Inactive Cases List
27. Removing cases from Inactive Cases List
28. Certain inactive cases to be taken to have been dismissed
6. Order 20 amended
7. Order 21 amended
3. Amendment of pleadings without leave 11. Service of amended documents 8. Order 29 replaced
Order 29 — Directions
1. Summons for directions 2. Directions hearings 9. Order 29A deleted
10. Order 31A deleted
11. Consequential amendments
Part 3 — Amendments about
discovery and interrogatories
12. Order 26 amended
1B. Documents not wholly discoverable 16A. Certificate by practitioner 13. Order 26A amended
8. Certificate by practitioner for non-party or potential party 14. Order 27 amended
15. Second Schedule amended
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Contents
17. List of documents (O. 26 r. 4(1) & 8)
Part 4 — Amendments about
subpoenas
16. Order 36B amended
3A. Alteration of date for attendance or
production17. Second Schedule amended
22A. Subpoena notice and declaration (O. 36B
r. 10(3))Part 5 — Miscellaneous amendments
18. Order 1 amended
7. Court fees 19. Order 16 amended
20. Order 33 amended
21. Order 37 amended
22. Order 56 amended
23. Order 57 amended
24. Order 60A amended
25. Order 67 amended
26. Order 81C amended
4. Applicant to serve application etc. 27. Order 81D amended
28. Second Schedule amended
67. Certiorari (O. 56 r. 14) 69. Mandamus (O. 56 r. 16) 70. Procedendo (O. 56 r. 32) 71. Prohibition (O. 56 r. 33) 73. Habeas corpus (O. 57 r. 10) 78. Order (general form) (O. 59 r. 10)
28 July 2010 GOVERNMENT GAZETTE, WA 3439 Supreme Court Act 1935
Supreme Court Amendment Rules 2010
Made by the Judges of the Supreme Court.
Part 1 — Preliminary
1. Citation
These rules are the Supreme Court Amendment Rules 2010.
2. Commencement
These rules come into operation as follows —
(a) Part 1 — on the day on which these rules are published in the Gazette; (b) the rest of the rules — on the day after that day.
3. Rules amended
These rules amend the Rules of the Supreme Court 1971.
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Part 2 — Amendments about case management
4. Order 1 amended
(1) In Order 1 rule 4(1) insert in alphabetical order: case has the meaning given in Order 4A rule 1;
case manager has the meaning given in Order 4A
rule 1;working day means a day other than a Saturday, a Sunday, or a public holiday throughout the State;
(2) In Order 1 rule 4B(1):
(a) in paragraph (d) delete “business at a cost affordable by parties.” and insert: business; and
(b) after paragraph (d) insert:
(e)
ensuring the procedure applicable, and the costs of the procedure to the parties and the State, are proportionate to the value, importance and
complexity of the subject matter in dispute; and
(f)
that the procedure applicable, and the costs of the procedure to the parties, are proportionate to the financial position of each party.
(c) after each of paragraphs (a) and (b) insert: and
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5. Order 4A inserted
After Order 3 insert:
Order 4A — Case management
Division 1 — Preliminary matters
1. Terms used
In this Order, unless the contrary intention appears —
approved mediator means a registrar or other person,
approved as a mediator by the Chief Justice;case means any action, cause, or matter, that is an
original proceeding between a plaintiff and a
defendant;case management direction has the meaning given in
rule 2;case manager means —
(a)
for a case on the CMC list, the CMC List judge to whom the case is assigned;
(b)
for any other case, a master or a Case Management Registrar;
CMC List means the Commercial and Managed Cases
List referred to in Division 3;
CMC List case means a case that is on the CMC List;
CMC List judge means a judge who the Chief Justicehas appointed to deal with CMC List cases;
enforcement order has the meaning given in rule 3.
2. Term used: case management direction
(1) A case management direction is any procedural
direction that in the Court’s opinion it is just to make in
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Part 2 Amendments about case management r. 5 a case to facilitate the attainment of the objects referred
to in Order 1 rule 4B(1).
(2)
Without limiting subrule (1), a case management direction may do one or more of the following —
(a) give directions to assist the convenience of the parties or witnesses; (b) direct the parties to comply with a timetable for procedural steps that are needed in the case; (c) dispense with all or any or any further pleadings; (d) direct specified pleadings to be filed; (e) dispense with any interlocutory step; (f) direct that an interlocutory application not be heard; (g) as to any interlocutory matter — (i) direct the parties or their practitioners to file and exchange memoranda before the hearing of it in order to clarify the
matters in issue before the hearing;
(ii) direct that it be dealt with by telephone, video link or other similar means of communication;
(iii) give directions as to the use of other equipment in any hearing of it;
(iv) direct that it be dealt with, and any evidence in relation to it be provided, by email, fax, telegram, telex, courier, post or other similar means;
(v) give directions for the speedier and more effective recording of evidence at any hearing of it;
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(h) direct that an application for an adjournment of any proceeding be supported by affidavits of specified people; (i) limit discovery or direct that discovery be given in stages;
(j) direct any or all of the parties to confer on a “without prejudice” basis for the purpose of identifying, resolving and narrowing the points of difference between them;
(k) direct that experts, whose reports have been exchanged under Order 36A, confer on a “without prejudice” basis for the purpose of identifying, resolving and narrowing the points of difference between them; (l) if under paragraph (j) or (k) a conference is directed to be held — (i) subject to subrule (5) and rule 8, direct that it be conducted by a mediator;
(ii) direct that it be held by telephone, video link or other similar means of communication;
(iii) set the terms or conditions for it and deal with anything in relation to it;
(m) direct that a certificate of readiness is not required for the purposes of Order 33 or Order 58 rule 19; (n) direct a party (A) intending to produce a plan, photograph, model or other object (the object) at trial to serve on the other party (B), at a time specified, a written notice — (i) describing the object; and
(ii) stating where and when it may be inspected; and
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Part 2 Amendments about case management r. 5 (iii) requiring B to serve A, within 7 days after the date on which the notice is served, a written notice agreeing or refusing to agree to the admission in evidence of the object without further proof of it;
(o) direct a practitioner for a party to give the party a memorandum stating — (i) the approximate solicitor and client costs and disbursements of the party to the date of the memorandum; and
(ii) the estimated future solicitor and client costs and disbursements of the party to but not including the trial; and
(iii) the estimated length of the trial and the estimated solicitor and client costs and disbursements of the trial; and
(iv) the estimated party and party costs that would be payable by the party if the party were unsuccessful at trial;
(p)
set a timetable for the trial of the case including a timetable that includes any limit that could be directed under Order 34 rule 5A(1);
(q)
limit the length of written submissions that can be made in the case;
(r)
direct the parties to prepare bundles, files or folders of documents for use at the trial of the case, either —
(i) grouped according to topic, class, otherwise; or
(ii) in an order or sequence,
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as specified in the direction, and identified or
indexed as specified in the direction;
(s) direct a party to serve on the other parties, at times set by the case manager making the direction, a signed written statement of the proposed evidence in chief of each witness to be called by that party; (t) direct that a signed written statement referred to in paragraph (s) or any part of it stand as the evidence in chief of the witness; (u) change the venue of the trial, or adjourn the trial part heard to continue at a different venue; (v) in exceptional circumstances, direct that an application made by a party under this Order operate as a stay of proceedings;
(w) in exceptional circumstances or if not to do so would frustrate the appeal, direct that an appeal against a decision made under this Order by a Case Management Registrar operate as a stay of proceedings; (x) give directions as to the manner in which the parties are to defray the costs of giving effect to any case management direction;
(y)
direct that a specified case management direction be complied with by a set date;
(z)
direct that a referee give the Court a report on any question or issue of fact.
(3) A case management direction may —
(a)
include any ancillary direction that is needed for the purpose of the direction; and
(b)
amend or cancel another case management direction.
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(4) A registrar cannot make a case management
direction —(a) under subrule (2)(z); or
(b)
under subrule (3)(b) that amends or cancels a case management direction made by a judge or master.
(5) A case management direction must not, without the consent of the parties, direct that a conference take place where a party would become liable to remunerate a mediator. 3. Term used: enforcement order
An enforcement order is —
(a) an order as to the payment of costs; (b) an order as to the payment of costs of the parties on an indemnity basis, to be fixed in a manner specified in the order, and payable within 14 days after the date of the order; (c) a self-executing order for judgment, striking out pleadings or otherwise; (d) an order under Order 66 rule 5.
4. Inconsistencies with other rules
If a provision in this Order is inconsistent with these
Rules or the Supreme Court (Corporations) (WA)
Rules 2004, the provision in this Order prevails.Division 2 — Provisions applicable to all cases
5. Court may review a case at any time
(1) The case manager for a CMC List case or, in any other
case, a judge, master or registrar —
(a)
at any time in the case, on his or her own initiative after notifying the parties; or
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(b)
when hearing a summons for directions or any other application in the case,
may review the progress of the case and may do any or
all of the following —
(c)
make any interlocutory order the Court considers just;
(d)
make any case management direction the Court considers just;
(e)
make any enforcement order the Court considers just.
(2) For the purposes of subrule (1)(a), a judge, master or
registrar may at any time require any or all of the
parties to a case to attend before him or her.6. Timetables
(1)
This rule applies if the Court directs the parties to a case to comply with a timetable for procedural steps that are needed in the case.
(2) The judge, master or registrar making the direction
must set the timetable.(3)
The judge, master or registrar making the direction or the case manager for the case may do any or all of the following —
(a)
amend the timetable, whether on his or her own initiative or on a party’s application;
(b)
at any time request the parties to explain in writing why the timetable has not been complied with;
(c)
at any time summons the parties to explain why the timetable has not been complied with;
(d)
for the purposes of hearing a summons issued under paragraph (c), direct the parties to file
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such times as he or she considers just;
(e) on the return of a summons issued under paragraph (c) — (i) amend the timetable;
(ii) make any case management direction he or she considers just;
(iii) make any enforcement order he or she considers just;
(f)
if a party does not comply with the timetable, or obey a summons issued under paragraph (c), or file affidavits as directed, make any case management direction or enforcement order he or she considers just.
(4) If a request is made under subrule (3)(b), the parties
and their practitioners must —
(a) give the Court the information required within the time specified in the request; and (b) serve the information on each other party.
7. Who has to attend conferences
(1) This rule applies if a conference, other than a listing
conference or a conference between experts, is required
or directed under this Order to be held.(2) Each party to the case and the practitioner, if any,
representing each party must attend the conference,
unless ordered otherwise.(3) If a party is not a natural person, a representative of the
party familiar with the substance of the case and with
authority to compromise it must attend the conference.
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(4) If there is no practitioner on the record for a party that is a body corporate, the case manager presiding at the conference may permit a person who is not a practitioner to represent the party. 8. Conferences of the parties with a mediator
(1) This rule applies if the Court directs the parties to a
case to attend a conference conducted by a mediator.(2) The Court must direct whether the mediator is to be an
approved mediator or some other person.(3) The Court must not direct that the mediator is to be a
person who is not an approved mediator unless the
parties consent.(4) In the absence of any other order made by the Court —
(a)
the conference must take place at the time and place directed; and
(b)
if the Court does not set a date for the conference, each party must, subject to any directions, take the steps necessary to ensure the conference takes place as soon as possible; and
(c)
each party’s costs of and incidental to the conference shall be the party’s costs in the cause, unless it is ordered otherwise or the parties agree; but a party may apply for those
costs if they have been unnecessarily incurred
due to the conduct of the other party; and(d)
the fees and expenses of any mediator who is not a registrar must be paid by the parties in equal shares, unless it is ordered otherwise or the parties agree; and
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(e) within 2 weeks after the conclusion of the conference, the plaintiff must file a report, signed by or on behalf of each party — (i) confirming that the conference has taken place as directed; and
(ii) recording the substance of any difference between the parties resulting from the conference.
(5) The mediator —
(a)
must not, unless the parties agree, report to the Court on the conference; but
(b)
whether or not the parties agree, may report to the Court on any failure by a party to cooperate in the conference.
(6) A report given under subrule (5)(b) must not be
disclosed to the trial judge except for the purposes of
determining any question as to costs.9. Referees
(1) This rule applies if the Court directs that a referee give
the Court a report on any question or issue of fact.(2)
The judge, master or registrar making the direction or the case manager for the case may do any or all of the following —
(a) appoint the referee;
(b) give the referee instructions about the question or issue of fact referred and the report required; (c) give directions with respect to the conduct of proceedings before the referee; (d) give directions for the provision — (i) of services of officers of the Court;
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of courtrooms and other facilities, for the purpose of the referee;
(ii)
(e)
vary or cancel a direction given under this subrule.
(3) The judge, master or registrar making the direction or
the case manager for the case may —
(a)
determine the amount of the fees to be paid to the referee; and
(b)
direct how, when and by whom the whole or any part of the fees referred to in paragraph (a) are to be paid.
(4) Evidence before the referee —
(a) may be given orally or in writing; and (b)
must, if the referee so requires, be given on oath or affirmation.
(5) Evidence additional to the evidence taken before the
referee cannot be adduced before the Court except with
the leave of the Court.Division 3 — Cases on the CMC List
10. Application of this Division
This Division applies to every CMC List case unless
and to the extent it is ordered otherwise by a CMC List
judge.11. Cases on the CMC List
These cases are on the CMC List —
(a) any case in which defamation is alleged; (b)
any case that is ordered to be on the list under rule 13;
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(c) any case on the CMC List, as established administratively by the court, immediately before the Supreme Court Amendment Rules 2010 rule 5 comes into operation. 12. Headings to documents
The heading of every document filed or issued in a
CMC List case must include “Commercial and
Managed Cases List” under “In the Supreme Court of
Western Australia”.13. CMC List judge may order case to be on or taken off CMC List
(1) Only a CMC List judge can order that a case be
admitted to or taken off the CMC List.(2) A CMC List judge, on his or her own initiative or on a
request made under rule 14, may order a case to be
admitted to the CMC List.(3) A CMC List judge, on his or her own initiative or on an
application by a party, may order a CMC List case to
be taken off the list.14. Asking for a case to be put on the CMC List
(1) A party to a case may ask for an order that the case be
admitted to the CMC List.(2) The request should ordinarily be made as soon as
possible after the case is commenced and each party
who is required to enter an appearance has done so.(3) The request must be made —
(a) by filing a letter, addressed to the Central Office, containing — (i) the request; and
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(ii) the email address (if any) of each party to the case, other than a party who is required to enter an appearance and has not;
and
(b)
serving a copy of the letter on each other party to the case, other than a party who is required to enter an appearance and has not.
(4) The email addresses in the letter must comply with
Order 71A rule 3.(5) A request made under this rule must be decided by a
CMC List judge.(6) At the hearing of the request, the CMC List judge, if satisfied the case should be subject to this Division, may order the case be admitted to the CMC List unless a party shows cause why it should not be admitted. 15. Interlocutory hearings
(1) The case manager of a CMC List case may hear any interlocutory matter relating to the case, or may refer the matter to another judge or master for hearing who has and may exercise all powers of the case manager. (2) A party to a CMC List case who is represented by a
practitioner need not attend an interlocutory hearing in
the case unless subpoenaed or ordered to do so by the
case manager.Division 4 — Cases not on the CMC List 16. Application of this Division
This Division applies to every case that is not on the
CMC List unless and to the extent it is ordered
otherwise by a judge or master.
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Part 2 Amendments about case management r. 5 17. Requesting interlocutory orders and case management directions
(1) A party to a case may at any time ask a case manager
for any or all of the following —
(a)
for any interlocutory order that the case manager has jurisdiction to make;
(b)
for a case management direction to be made under this Order;
(c)
to have a case management direction amended or cancelled.
(2) The request must be made by giving a letter that details
the order or direction wanted to the associate to the
case manager, or if the case manager is not known, the
Principal Registrar.(3) A case manager, on receipt of the request —
(a) if the manager has jurisdiction to make the order or direction — (i) may deal with the request without requiring the parties to attend a hearing; or
(ii) may deal with the request at any conference required by this Order or at the hearing of any other matter in the case and for that purpose may relist such a conference or matter;
or
(b)
otherwise, may refer the request to a judge or master who has jurisdiction to make the order or direction.
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18. Status conference
(1) A case manager shall summons all parties to a case to
attend a status conference before a case manager.(2) The status conference must be held within 21 days after
the first appearance is entered in the case or at a later
time decided by a case manager.(3) If within 6 months after a case is commenced an
affidavit of service of the writ, originating motion or
originating summons has been filed but no appearance
has been entered in the case, a case manager may
summons the plaintiff to a status conference.(4)
The status conference shall be held even if, at the time of the conference, not all parties to the case have been served with the originating process or have entered
appearances. (5)
At the status conference the case manager is to review the documents on the Court file and inquire into these matters —
(a)
whether pleadings or any specified pleadings are necessary;
(b)
the state of the pleadings and whether the times prescribed by these Rules for pleadings are being complied with and if not, why;
(c)
whether any party intends to commence third party or similar proceedings under Order 19;
(d)
whether any party intends to require discovery and inspection under Order 26;
(e)
whether any party intends to interrogate under Order 27;
(f)
whether a conference of the parties with a mediator is needed and if so, when;
(g) the likely length of the trial;
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(h)
any other matter relevant to ensuring the case is managed in accordance with Order 1 rule 4B.
(6) At the status conference the case manager may at the
request of a party or the parties or on the manager’s
own initiative —
(a)
make any interlocutory order the manager considers just;
(b)
make any case management direction the manager considers just;
(c)
make any enforcement order the manager considers just;
(d)
make an order that rule 19 does not apply to the case.
(7) A case manager may adjourn the status conference
from time to time.19. Case evaluation conference
(1) Unless ordered otherwise under rule 18(6)(d), a case
manager must summons all parties to a case to attend a
case evaluation conference before a case manager.(2) The case evaluation conference shall be held within
28 weeks after the initial appearance to the summons to
the status conference or at a later time decided by a
case manager.(3) The case evaluation conference shall be held even if, at
the time of the conference, not all parties to the case
have been served with the originating process or have
entered appearances.(4)
At the case evaluation conference the case manager is to review the documents on the Court file and inquire into these matters —
(a)
the state of the pleadings and if they are not closed, why;
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(b)
whether a conference of the parties with a mediator is needed and if so, when;
(c)
the content of any reports by experts that have been or may be exchanged under Order 36A and whether a conference between them is needed;
(d)
whether the case, at the time of the listing conference, will be ready for trial and if not, why;
(e)
whether the estimated length of the trial is still accurate;
(f)
the number of witnesses to be called at the trial, whether there are any known difficulties as to the availability of any witness, and the estimated time it will take for them to give their evidence;
(g)
the administrative resources likely to be needed for the trial.
(5)
At the case evaluation conference the case manager may at the request of a party or the parties or on the manager’s own initiative do any or all of the
following —
(a)
make any interlocutory order the manager considers just;
(b)
make any case management direction the manager considers just;
(c)
make any enforcement order the manager considers just.
(6) A case manager may adjourn the case evaluation
conference from time to time; but not to a date on or
after the date of the listing conference.
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Part 2 Amendments about case management r. 5 20. Listing conference
(1) A listing conference shall be held before a judge in
chambers.(2) The listing conference shall be held as soon as
practicable after the case is entered for trial or, in the
case of an originating summons, after an application is
made for an appointment for the attendance of the
parties for the hearing of the summons.(3)
At the listing conference the judge may review the documents on the Court file and inquire into these matters —
(a) whether the case can be settled; (b)
which documents will be admitted at trial by consent;
(c)
the number of witnesses to be called at the trial, whether there are any known difficulties as to the availability of any witness, and the estimated time it will take for them to give their evidence in chief;
(d)
whether the case in all respects is ready to go to trial.
(4) At the listing conference the judge may do any or all of
the following —
(a) make any case management direction the judge considers just; (b) amend or cancel any case management direction made previously; (c) if the judge considers it is convenient to do so to facilitate the preparation for, or the conduct of, the trial, or is otherwise desirable — (i) after giving notice to the parties, determine any question of law; or
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(ii) determine any question of procedure.
(5) The judge may adjourn the listing conference from
time to time.(6) At the listing conference the judge may fix the date of
the trial of the case and the length of the trial.Division 5 — Inactive Cases List
21. Term used: Inactive Cases List
In this Division —
Inactive Cases List means a list of inactive cases kept
by the Principal Registrar under rule 25.22. Case manager may issue summons to show cause
(1)
The case manager of a case may at any time summons the parties to attend a hearing before a case manager to show cause why the case should not be put on the
Inactive Cases List. (2) The hearing date for the summons must be at least
7 days after the date on which it is issued.(3) The issue of the summons does not prevent any party
to the case from taking any procedural step in the case.(4) At the hearing the case manager may order that the
case be put on the Inactive Cases List if not satisfied
that the case is being conducted in a timely way,
having regard to the requirements of these rules and the
circumstances of the case.(5) An order may be made under subrule (4) in the absence
of any party.
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Part 2 Amendments about case management r. 5 23. Springing order that case be put on Inactive Cases List
(1) A judge, master or registrar making an interlocutory
order or case management direction in a case may
include an order that unless the interlocutory order or
direction is complied with by a date stated in the order,
the case is to be put on the Inactive Cases List.(2) Unless countermanded by a judge, master or registrar,
before it has effect, the order has effect according to its
terms.24. Cases inactive for 12 months deemed inactive
If no procedural step is taken in a case for 12 months
by any party to the case, the case is taken to be inactive
unless the case manager for the case orders otherwise.25. Parties to be notified of case being on Inactive Cases List and to advise clients
(1) When an order is made under rule 22(4), or an order
made under rule 23(1) takes effect, or a case is taken to
be inactive under rule 24, the Principal Registrar
must —
(a) put the case on the Inactive Cases List; and (b)
give all parties to the case written notice that the case is on the Inactive Cases List and of the effect of rule 26.
(2) As soon as practicable after being notified under
subrule (1), the practitioner for a party to the case must
notify the party of —
(a)
the fact that the case is on the Inactive Cases List and why; and
(b) the effect of rule 26.
28 July 2010 GOVERNMENT GAZETTE, WA 3461 Supreme Court Amendment Rules 2010
Amendments about case management Part 2
r. 5
26. Consequences of a case being on Inactive Cases List
If a case is on the Inactive Cases List, no document in relation to the case, other than a summons for an order under rule 27(1), can be filed in the Court.
27. Removing cases from Inactive Cases List
(1) Any party to a case on the Inactive Cases List may
apply to the Court for an order that the case be taken
off the Inactive Cases List.(2) The Court may order a case be taken off the Inactive Cases List if satisfied the case will be conducted in a timely way or for any other good reason. (3) An order that a case be taken off the Inactive Cases List may include any conditions necessary to ensure the case is conducted in a timely way. 28. Certain inactive cases to be taken to have been dismissed
(1) A case that is on the Inactive Cases List for
6 continuous months is taken to have been dismissed
for want of prosecution.(2) If no procedural step (except an application to dismiss
the case for want of prosecution) is taken in the
6 months after the date on which a case is ordered to be
taken off the Inactive Cases List, the case is taken to
have been dismissed for want of prosecution.(3) If under subrule (1) or (2) a case is dismissed, the
Principal Registrar must give all parties to the case
written notice of the fact.
3462 GOVERNMENT GAZETTE, WA 28 July 2010 Supreme Court Amendment Rules 2010
Part 2 Amendments about case management r. 6 6. Order 20 amended
In Order 20 rule 3(1) delete “24 hours after” and insert:
one working day after the date of
7. Order 21 amended
(1) In Order 21 rule 1(1) delete “closed.” and insert: closed by filing its amended writ before the closure. (2) Delete Order 21 rule 1(2). (3) In Order 21 rule 1(3)(c) delete “Rule 3(1)” and insert: rule 3, (4) Delete Order 21 rules 3 and 4 and insert: 3. Amendment of pleadings without leave
(1)
A party may amend any of its pleadings, without the leave of the Court, by filing its amended pleading not later than 7 weeks before the date fixed for the start of the trial of the case.
(2) A party served with a pleading amended under
subrule (1) may make any amendment needed to any of
its pleadings as a consequence of the amended
pleading, without the leave of the Court, by filing its
amended pleading within 10 working days after the
date on which it is served with the amended pleading.
28 July 2010 GOVERNMENT GAZETTE, WA 3463 Supreme Court Amendment Rules 2010
Amendments about case management Part 2
r. 7
(3) A party served with a pleading amended under
subrule (1) or (2) may apply to the case manager for
any amendment in the pleading to be struck out.(4) A party’s application under subrule (3) must be made
within 7 working days after the date on which the party
is served with the amended pleading.(5)
If, on an application made under subrule (3), the case manager is satisfied that, had an application for leave to make the amendment in question been made under rule 5 at the date when the amended pleading was filed
under this rule, leave to make the amendment or part of
the amendment would have been refused, the manager
must order the amendment or that part of it to be struck
out.(6) An order made on an application under this rule may
be made on such terms as to costs as the case manager
considers just.
(5) In Order 21 rule 8 delete “amend the document in accordance
with the order” and insert:file the document, amended in accordance with the
order,
(6) Delete Order 21 rule 9(4). (7) After Order 21 rule 10 insert: 11. Service of amended documents
An amended writ, pleading or other document that is
filed under this Order must be served on each other
3464 GOVERNMENT GAZETTE, WA 28 July 2010 Supreme Court Amendment Rules 2010
Part 2 Amendments about case management r. 8 party within one working day after it is filed unless the
Court orders otherwise.8. Order 29 replaced
Delete Order 29 and insert:
Order 29 — Directions
1. Summons for directions
(1) Any party in a cause or matter may apply for
directions —
(a) at any time before entry for trial; or (b) with the leave of the Court, after entry for trial.
(2) If the defendant in a cause or matter is required to
appear in the proceedings, an application for directions
cannot be made before the defendant has entered an
appearance.(3) An application for directions must —
(a) be made by summons; and (b) specify the directions or orders sought.
(4) So far as practicable, a party applying for directions
must apply for any direction or order the party thinks is
necessary in relation to any matter capable of being
dealt with on an interlocutory application in the cause
or matter.(5) An application for directions must not apply for
directions that amend or cancel or are inconsistent with
a case management direction made under Order 4A.(6) A party applying for directions must give each other
party 2 clear days’ notice specifying any directions and
28 July 2010 GOVERNMENT GAZETTE, WA 3465 Supreme Court Amendment Rules 2010
Amendments about case management Part 2
r. 9
orders which differ from the directions or orders sought
in the application.
(7) An application made under this rule is called a
summons for directions.2. Directions hearings
(1) At the hearing of a summons for directions, the parties
and their advisers must give such information and
produce such documents as the Court may reasonably
require, unless the information or documents are
subject to privilege.(2) The Court shall adjourn the hearing from time to time
until the conclusion of the cause or matter.(3) At any time after the hearing of a summons for
directions is adjourned and before judgment, a party
may ask for the hearing to be relisted and —
(a)
for any direction or order capable of being made on an interlocutory application;
(b)
for a case management direction to be made under Order 4A;
(c)
to have a case management direction made under Order 4A amended or cancelled.
(4) The request must be made by giving a letter that —
(a) asks for the hearing to be relisted; and (b) details the direction or order sought,
to the associate to the case manager of the case or, if
the case manager is not known, the Principal Registrar.9. Order 29A deleted
Delete Order 29A.
3466 GOVERNMENT GAZETTE, WA 28 July 2010 Supreme Court Amendment Rules 2010
Part 2 Amendments about case management r. 10 10. Order 31A deleted
Delete Order 31A.
11. Consequential amendments
(1) Delete Order 20 rule 21(3) and insert:
(3) If the Court makes an order under subrule (2), it must,
and if it dismisses an application for such an order, it
may, make such case management directions under
Order 4A as to the further conduct of the action as it
considers just.(2) In Order 33 rule 8B(1):
(a) delete “Subject to paragraph (2) after” and insert: After
(b) delete “nominee.” and insert: nominee unless the cause, matter or issue is on the
CMC List under Order 4A, in which case the
application must only be made to the case manager ofthe cause, matter or issue.
(3) Delete Order 33 rule 8B(2). (4) Delete Order 43 rule 16(1) and insert:
(1) The parties to proceedings or their practitioners may
file a written consent to the making of an order in those
proceedings, other than an order that amends, cancels
28 July 2010 GOVERNMENT GAZETTE, WA 3467 Supreme Court Amendment Rules 2010
Amendments about case management Part 2
r. 11
or is inconsistent with an interlocutory order made by a
case manager under Order 4A.
(5) Delete Order 59 rule 3(2) and insert:
(2) An application to a Case Management Registrar in
chambers under Order 4A shall be made in accordance
with Order 4A rule 17.(6) In Order 60A rule 2(1) delete “In relation to a case to which
Order 29A applies,” and insert:For the purposes of Order 4A Division 4, (7) In Order 60A rule 3(1) delete “Rule 4”. (8) In Order 60A rule 3(2):
(a) in paragraph (a) delete “Order 29A Rule 12; or” and insert: Order 4A rule 17; or
(b) in paragraph (b) delete “Order 29A,” and insert: Order 4A,
(9) In Order 60A rule 4(5):
(a) in paragraph (a) delete “Order 29A;” and insert: Order 4A;
3468 GOVERNMENT GAZETTE, WA 28 July 2010 Supreme Court Amendment Rules 2010
Part 2 Amendments about case management r. 11
(b) in paragraph (c) delete “Order 29A” and insert: Order 4A
(10) Delete Order 72 rule 5A(1). (11) In Order 75 rule 5 delete “Order 29A rule 6” and insert: Order 4A rule 18 (12) In the Second Schedule delete Form No. 18A.
28 July 2010 GOVERNMENT GAZETTE, WA 3469 Supreme Court Amendment Rules 2010
Amendments about discovery and interrogatories Part 3
r. 12
Part 3 — Amendments about discovery and
interrogatories
12. Order 26 amended
(1) After Order 26 rule 1A insert: 1B. Documents not wholly discoverable
(1) If under this Order a party in a cause or matter is
required to give discovery of a document —
(a) the party must discover the document even if it contains — (i) information that is not related to a matter in question in the cause or matter; or
(ii) information that the party objects to producing,
as well as information relating to a matter in question in the cause or matter that the party may be required to produce; but
(b) if the party has possession, custody or power of the document, the party may edit the document to hide the information referred to in paragraph (a)(i) and (ii).
(2) If a party edits a document under subrule (1), the party
must do the following —
(a) in Part 1B of its list of documents (Form No. 17) — (i) list the document; and
(ii) identify the document as one that contains hidden information; and
(iii) state why the information is hidden; and
3470 GOVERNMENT GAZETTE, WA 28 July 2010 Supreme Court Amendment Rules 2010
Part 3 Amendments about discovery and interrogatories r. 12 (iv) if the party objects to producing any of the hidden information, state the grounds for objecting;
and (b)
modify Form No. 17 for the purposes of complying with paragraph (a); and
(c)
if an affidavit verifying the list of documents is required, modify Form No. 18 for the purposes of complying with paragraph (a).
(3) If a party edits a document under subrule (1), the party
is not required —
(a)
to produce the hidden information to another party; or
(b)
to allow another party to inspect or copy the hidden information,
unless the Court orders otherwise.
(2) Delete Order 26 rule 1(3) and (4) and insert:
(3)
The statements in the Form No. 17 (list of documents) filed by a party giving discovery of documents must —
(a) be verified by an affidavit of a person listed in rule 4(4); or (b) if the party requiring discovery, in its notice certified as correct by a person listed in rule 4(4) or the party’s practitioner.
28 July 2010 GOVERNMENT GAZETTE, WA 3471 Supreme Court Amendment Rules 2010
Amendments about discovery and interrogatories Part 3
r. 13
(3) Delete Order 26 rule 15A and insert: 16A. Certificate by practitioner The practitioner of a party giving discovery must —
(a) sign a certificate addressed to the Court that — (i) states that the duty of discovery has been fully explained to the party; and
(ii) if the party is a corporation, identifies the individual, or individuals, to whom the duty was explained;
and
(b) file the certificate when or immediately after the party’s list of documents is served. 13. Order 26A amended
After Order 26A rule 7 insert:
8. Certificate by practitioner for non-party or potential party
(1) This rule applies to these practitioners —
(a) the practitioner (if any) who drafts the list of documents, or the affidavit verifying the list, for a non-party who has been ordered under rule 3 or 5 to give discovery; (b) the practitioner (if any) who drafts the list of documents, or the affidavit verifying the list, for a potential party who has been ordered under rule 4 to give discovery.
(2) This rule does not limit the operation of rule 6(2).
3472 GOVERNMENT GAZETTE, WA 28 July 2010 Supreme Court Amendment Rules 2010
Part 3 Amendments about discovery and interrogatories r. 14
(3) A practitioner to whom this rule applies must —
(a) sign a certificate addressed to the Court that — (i) states that the duty of discovery has been fully explained to the non-party or potential party (as the case requires); and
(ii) if that party is a corporation, identifies the individual, or individuals, to whom the duty was explained;
and
(b) file the certificate when or immediately after the list of documents is served.
14. Order 27 amended
Delete Order 27 rule 1(3).
15. Second Schedule amended
(1) In the Second Schedule delete Form No. 17 and insert: 17. List of documents (O. 26 r. 4(1) & 8)
Supreme Court of Western Australia No: General Division List of documents Parties Plaintiff Defendant To [Party] and its practitioner. From [Party giving discovery] General
This list is served in compliance with the Rules of the Supreme Court 1971 Order 26 rule 1(3) [or the Court’s order dated 20 .]
28 July 2010 GOVERNMENT GAZETTE, WA 3473 Supreme Court Amendment Rules 2010
Amendments about discovery and interrogatories Part 3
r. 15
Documents in Part 1A of this list lists the documents relating to possession the matters in question in this action that are in the
possession, custody or power of the [party giving(Part 1) discovery].
Part 1B of this list lists each of those documents
listed in Part 1A that the [party giving discovery]
objects to producing and the grounds for objecting.Documents no Part 2A of this list lists the documents relating to longer in the matters in question in this action that were, but possession no longer are, in the possession, custody or power (Part 2) of the [party giving discovery].
Part 2B of this list, for each document listed in
Part 2A, states —
•
the date on which it was last in the [party giving discovery’s] possession, custody or power; and
• what has become of it; and •
who currently has possession or custody of or power over it.
Declarations The [party giving discovery] has made all
reasonable enquiries, including of its employees
and agents, to identify all documents of any
description whatever relating to any matter in
question in this action that are or were in its
possession, custody or power.
Neither the [party giving discovery], nor its
practitioner, nor any other person on its behalf, has
now, or ever had, possession or custody of or
power over any document of any description
whatever relating to any matter in question in this
action, other than the documents listed in Parts 1A
and 2A of this list.Inspection of The documents in this list, other than those listed in documents1 Parts 1B and 2A, may be inspected at —
[address]
on [date and times].
3474 GOVERNMENT GAZETTE, WA 28 July 2010 Supreme Court Amendment Rules 2010
Part 3 Amendments about discovery and interrogatories r. 15
Certificate by I certify that the statements in this Date: party giving document are true. discovery or its practitioner2 [Party]/[Party’s practitioner]
Service details This list and its attachments were served on [party] on [date] by [server]
Signed: Date: List of documents — Part 1A3 The documents relating to the matters in question in this action that are in the possession, custody or power of the [party giving discovery] are as follows —
No. Description of document 1. List of documents — Part 1B3
Of the documents listed in Part 1A the [party giving discovery] objects to producing the following on the following grounds.
No. in Grounds for objecting to producing the document Part 1A List of documents — Part 2A3
The documents relating to the matters in question in this action that were, but no longer are, in the possession, custody or power of the [party giving discovery] are as follows —
No. Description of document 1. List of documents — Part 2B3
For each document listed in Part 2A, the following states —
•
the date on which it was last in the possession, custody or power of the [party giving discovery]; and
• what has become of it; and • who currently has possession or custody of or power over it.
28 July 2010 GOVERNMENT GAZETTE, WA 3475 Supreme Court Amendment Rules 2010
Amendments about discovery and interrogatories Part 3
r. 15
No. in Date What has become Who currently has possession or Part 2A of it custody of or power over it 1. Notes to Form No. 17 —
1. This notice must comply with O. 26 r. 8.
2. Do not complete this if this list is being verified by an affidavit.
This certificate may be signed by a person listed in O. 26 r. 4(4)
or the practitioner of the party giving discovery.3. This Part must begin on a new sheet of paper and be attached to the main document.
(2) In the Second Schedule in Form No. 18 delete paragraphs 1, 2
and 3 and insert:
1. “Attachment A” is the list of the documents relating to the
matters in question in this action that are or have been in theThe list of documents produced to me and marked discovery].
2. The documents listed in Part 1A of Attachment A are the documents relating to the matters in question in this action that are in the possession, custody or power of the [party giving discovery].
3. The [party giving discovery] objects to producing those of the documents in Part 1A of Attachment A identified in Part 1B on the grounds stated in Part 1B.
4. The documents listed in Part 2A of Attachment A are the documents relating to the matters in question in this action that were, but no longer are, in the possession, custody or power of the [party giving discovery].
5. The statements in Part 2B of Attachment A about the documents listed in Part 2A are true.
6. The [party giving discovery] has made all reasonable enquiries, including of its employees and agents, to identify all documents of any description whatever relating to any
3476 GOVERNMENT GAZETTE, WA 28 July 2010 Supreme Court Amendment Rules 2010
Part 3 Amendments about discovery and interrogatories r. 15 matter in question in this action that are or were in its
possession, custody or power.
7. neither the [party giving discovery], nor its practitioner, nor
To the best of my knowledge, information and belief, possession, custody or power over any document of any description whatever relating to any matter in question in this action, other than the documents listed in Parts 1A and 2A of Attachment A.
28 July 2010 GOVERNMENT GAZETTE, WA 3477 Supreme Court Amendment Rules 2010
Amendments about subpoenas Part 4
r. 16
Part 4 — Amendments about subpoenas
16. Order 36B amended
(1) After Order 36B rule 1(4) insert:
(5) Unless the Court orders otherwise, this Order is subject
to Order 34 rule 15A.(2) After Order 36B rule 3 insert: 3A. Alteration of date for attendance or production
(1) The issuing party may give notice to the addressee of a
date or time later than the date or time specified in a
subpoena as the date or time for attendance or for
production or for both.(2) The notice need not be served personally. (3)
Where notice is given under subrule (1), the subpoena has the effect as if the date or time notified appeared in the subpoena instead of the date or time that appeared
in the subpoena, despite rule 3(5) and (6).
(3) In Order 36B rule 6(4)(a) after “production” insert: or, if the addressee has received notice of a
later date or time from the issuing party, at thatlater date or time
(4) In Order 36B rule 6(4)(b) delete “production.” and insert: production or, if the addressee has received
notice of a later date or time from the issuing
party, at that later date.
3478 GOVERNMENT GAZETTE, WA 28 July 2010 Supreme Court Amendment Rules 2010
Part 4 Amendments about subpoenas r. 16
(5) After Order 36B rule 6(5) insert:
(6) Unless a subpoena specifically requires the production
of the original, the addressee may produce a copy of
any document required to be produced by the
subpoena.(7) The copy of a document may be — (a) a photocopy; or
(b) in PDF format on a CD-ROM.
(6) Delete Order 36B rule 10(3), (4) and (5) and insert:
(3) The issuing party must attach, to the front of a
subpoena to produce to be served on the addressee, a
notice and declaration in accordance with Form 22A.(4) The addressee must complete the notice and
declaration and attach it to the subpoena or copy of the
subpoena that accompanies the documents produced to
the Court under the subpoena.(5) Subject to subrule (6), the Registrar may, on the expiry
of 4 months from the conclusion of the proceeding,
cause to be destroyed all the documents, produced in
the proceedings in compliance with a subpoena, that
were declared by the addressee to be copies.(6) The Registrar may cause to be destroyed those
documents, declared by the addressee to be copies, that
have become exhibits in the proceeding when they are
no longer required in connection with the proceeding,
including on any appeal.
28 July 2010 GOVERNMENT GAZETTE, WA 3479 Supreme Court Amendment Rules 2010
Amendments about subpoenas Part 4
r. 17
17. Second Schedule amended
(1) In the Second Schedule in Form No. 22:
(a) in Section A delete “evidence:” and insert:
evidence unless you receive notice of a later date or time from the issuing
party, in which case the later date or time is substituted:
(b) in Section B delete “things:” and insert:
things unless you receive notice of a later date or time from the issuing party,
in which case the later date or time is substituted:
(c) in Section C delete “follows:” and insert:
follows unless you receive notice of a later date or time from the issuing
party, in which case the later date or time is substituted:
(d) in Section C delete “things:” and insert:
things unless you receive notice of a later date or time from the issuing party,
in which case the later date or time is substituted:
(e) in note 5 delete “In so far as” and insert: If
(f) in note 5 delete “production.” and insert:
production or, if you receive notice of a later date or time from the issuing
party, before that later date or time.
3480 GOVERNMENT GAZETTE, WA 28 July 2010 Supreme Court Amendment Rules 2010
Part 4 Amendments about subpoenas r. 17
(g) after note 9 insert:
9A. The copy of a document may be —
(a) a photocopy; or (b) in PDF format on a CD-ROM.
(h) delete “Return or destruction of documents or copies”; (i) delete notes 10 and 11. (2) In the Second Schedule after Form No. 22 insert: 22A. Subpoena notice and declaration (O. 36B r. 10(3)) Supreme Court of Western Australia No: General Division/Court of Appeal Subpoena notice and declaration Parties Plaintiff Defendant Notice to addressee
addressee
The is the person to whom the subpoena is addressed, and who subpoena specifically requires you to produce originals. A copy of a document may be —
will be the recipient of the subpoena.
(a) a photocopy; or (b) in PDF format on a CD-ROM. You must complete the Declaration below, attach it to the subpoena or a copy of the subpoena and return them with the documents or things you provide to the Court under the subpoena.
If you declare that the material you produce is copies of documents, the Registrar may, without further notice to you, destroy the copies after the expiry of 4 months from the conclusion of the proceeding or, if the
documents become exhibits in the proceeding, when they are no longer document, the Court will return all of the material to you at the address specified by you in the Declaration below.
required in connection with the proceeding, including on any appeal.
28 July 2010 GOVERNMENT GAZETTE, WA 3481 Supreme Court Amendment Rules 2010
Amendments about subpoenas Part 4
r. 17
Declaration by addressee (subpoena recipient)
[Tick the relevant option below, (provide your address as appropriate), sign
and date]
S All of the material I am providing to the Court in compliance with the
attached subpoena is copies of documents. I acknowledge that the
Court will destroy the copies once they are no longer required,
without further notice to me.S Some or all of the material I am providing to the Court in compliance
with the attached subpoena is an original document. Once the
material is no longer required, all of the material should be returned to
me at the following address —............................................................................................................... ............................................................................................................... ..................................................................
[Signature of addressee]
..................................................................
[Name of addressee]
..................................................................
[Date]
3482 GOVERNMENT GAZETTE, WA 28 July 2010 Supreme Court Amendment Rules 2010
Part 5 Miscellaneous amendments r. 18
Part 5 — Miscellaneous amendments
18. Order 1 amended
(1) In Order 1 rule 4(1) insert in alphabetical order: prescribed fee means the fee prescribed by the
Supreme Court (Fees) Regulations 2002;
(2) After Order 1 rule 6 insert: 7. Court fees
These Rules are to be read with but do not affect the
operation of the Supreme Court (Fees)
Regulations 2002.
19. Order 16 amended
In Order 16 delete the heading “Attendance for examination”
before rule 2(2).
20. Order 33 amended
In Order 33 delete the heading “Chief Justice may give
directions” before rule 12(3).
21. Order 37 amended
Delete Order 37 rule 6(1), (2) and (2a) and insert:
(1) An affidavit must be confined to such facts as the
deponent is able of his or her own knowledge to prove.
28 July 2010 GOVERNMENT GAZETTE, WA 3483 Supreme Court Amendment Rules 2010
Miscellaneous amendments Part 5
r. 22
(2) Despite subrule (1), an affidavit may contain
statements of information or belief if —
(a)
the affidavit is made under, and for the purposes of proceedings under, a written law that permits it to contain such statements; or
(b)
the affidavit is made under a provision of these Rules that permits it to contain such statements; or
(c)
the affidavit is made for the purposes of interlocutory proceedings; or
(d)
the Court has made an order permitting the affidavit to contain such statements.
(3A) An affidavit containing statements of information or
belief must set out the sources or grounds of that
information or belief unless —
(a)
the affidavit is made under, and for the purposes of proceedings under, a written law that —
(i) prevents the deponent from disclosing material to them; or
(ii) does not permit those sources or grounds or information material to them to be made public;
or
(b) the Court has made an order permitting the affidavit to omit the sources or grounds.
22. Order 56 amended
In Order 56 rule 14 delete “or Form No. 68,”.
3484 GOVERNMENT GAZETTE, WA 28 July 2010 Supreme Court Amendment Rules 2010
Part 5 Miscellaneous amendments r. 23 23. Order 57 amended
In Order 57 delete rule 7(4).
24. Order 60A amended
Delete Order 60A rule 4(2) and insert:
(2) The appeal is to be made to a Master unless —
(a) a Judge orders otherwise; or (b) the appeal is from a direction made by an Appeals Registrar under Order 65B, in which case it is to be made to a Judge.
25. Order 67 amended
(1) Delete Order 67 rule 11(1a). (2) After Order 67 rule 11(3) insert:
(4) This rule does not entitle a person to search, inspect or
take a copy of any part of a document that contains
information that the person is prevented by an Act from
possessing.26. Order 81C amended
(1) In Order 81C rule 1 delete the definition of DPP. (2) Delete Order 81C rule 4 and insert: 4. Applicant to serve application etc.
(1) On receiving the copies of a Form No. 101, 102 or 104
and any accompanying affidavit from a Registrar, the
28 July 2010 GOVERNMENT GAZETTE, WA 3485 Supreme Court Amendment Rules 2010
Miscellaneous amendments Part 5
r. 27
applicant must serve one copy of the form and any
accompanying affidavit on the Director General.
(2) On receiving the copies of a Form No. 103 and any
accompanying affidavit from a Registrar, the Director
General must serve one copy on the holder of the
extraordinary licence to which the application relates.
(3) Delete Order 81C rule 5(3) and (4). 27. Order 81D amended
In Order 81D rule 2A(5) delete “rule 9(1)(e),” and insert:
rule 10(1)(e),
28. Second Schedule amended
(1) In the Second Schedule in Form No. 1:
(a) delete “We command you, that” and insert: You are commanded that,
(b) delete “our” and insert: the
(2) In the Second Schedule in Form No. 3:
(a) delete “Elizabeth the Second, etc. (as in No. 1).”; (b) delete “We command you, that” and insert: You are commanded that,
3486 GOVERNMENT GAZETTE, WA 28 July 2010 Supreme Court Amendment Rules 2010
Part 5 Miscellaneous amendments r. 28
(c) delete “our” and insert: the
(3) In the Second Schedule in Form No. 23:
(a) delete “Elizabeth the Second (as in No. 22)”; (b) delete “We command you” and insert: This writ commands you
(c) delete “we also command” and insert: this writ also commands
(4) In the Second Schedule in Form No. 63:
(a) delete “our Sovereign Lady, the Queen in Her” and insert: the
(b) delete “to our Sovereign Lady” and insert: to the State
(c) delete “our said Sovereign Lady or her successors,” and insert: the State,
(d)
delete the passage that begins with “Witness” and ends with “day of , 20 .”.
28 July 2010 GOVERNMENT GAZETTE, WA 3487 Supreme Court Amendment Rules 2010
Miscellaneous amendments Part 5
r. 28
(5) In the Second Schedule delete Form No. 67 and insert: 67. Certiorari (O. 56 r. 14)
(Heading as in cause or matter)
Writ of certiorari
To: [Name and address] This writ commands you, on or before [date], to send to the Supreme Court, at [address], [state the record or decision to be quashed] together with this writ, or a copy of it, for that
court to deal with as it sees fit. Dated: .....................................................
Judicial officer
(6) In the Second Schedule delete Form No. 69 and insert: 69. Mandamus (O. 56 r. 16)
(Heading as in cause or matter)
Writ of mandamus
To: [Name and address] This writ commands you to [set out the act to be done] or show cause why you have not done it.
The Rules of the Supreme Court 1971 Order 56 rule 20 requires you to file in the Supreme Court, on or before [date], this writ, or a copy of it, and a certificate stating either that you have done the above act or why you have not
done it. Disobeying this writ is a contempt of court which may be punished by imprisonment or a fine or both.
3488 GOVERNMENT GAZETTE, WA 28 July 2010 Supreme Court Amendment Rules 2010
Part 5 Miscellaneous amendments r. 28 Dated:
.....................................................
Judicial officer
(7) In the Second Schedule delete Form No. 70 and insert: 70. Procedendo (O. 56 r. 32)
(Heading as in cause or matter)
Writ of procedendo
To: [Name and address] By a writ of prohibition dated [date] you were prohibited from [set out the prohibited act].
This writ commands you to [set out the act to be done] as if that writ of prohibition had not been issued.
Dated: .....................................................
Judicial officer
(8) In the Second Schedule delete Form No. 71 and insert: 71. Prohibition (O. 56 r. 33)
(Heading as in cause or matter)
Writ of prohibition
To: [Name and address] This writ prohibits you from [set out the prohibited act].
28 July 2010 GOVERNMENT GAZETTE, WA 3489 Supreme Court Amendment Rules 2010
Miscellaneous amendments Part 5
r. 28
Dated:
.....................................................
Judicial officer
(9) In the Second Schedule delete Form No. 72. (10) In the Second Schedule delete Form No. 73 and insert: 73. Habeas corpus (O. 57 r. 10)
(Heading as in cause or matter)
Writ of habeas corpus ad subjiciendum
To: [Name and address] This writ commands you to have [name of plaintiff or person restrained] before the Supreme Court [or before Justice ] at [address] on [date] at [time of day] and to then submit to
the further order of the court as to the custody of that person
(the person restrained).The Rules of the Supreme Court 1971 Order 57 rule 8 requires you, before or at the above time, to file in the Supreme Court a return to this writ, indorsed on or attached
to the writ, that states all the causes of the detention of the
person restrained.Disobeying this writ is a contempt of court which may be punished by imprisonment or a fine or both.
Dated: .....................................................
Judicial officer
3490 GOVERNMENT GAZETTE, WA 28 July 2010 Supreme Court Amendment Rules 2010
Part 5 Miscellaneous amendments r. 28
(11) In the Second Schedule delete Form No. 78 and insert: 78. Order (general form) (O. 59 r. 10)
(Heading as in cause or matter)
Judicial officer(s):
Date of order:
The Court orders (or declares) —
1. 2. .....................................................
Judicial officer
Dated: 26 July 2010.
Judges’ signatures:
W. S. MARTIN. C. JENKINS. M. J. MURRAY. P. D. BLAXELL. JOHN McKECHNIE. ANDREW BEECH. C. J. McLURE. K. J. MARTIN. C. PULLIN. ROBERT MAZZA. ERIC M. HEENAN. J. PRITCHARD. R. LE MIERE.
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