Supreme Court Amendment Rules 2011 (WA)

28 June 2011 GOVERNMENT GAZETTE, WA 2551

JUSTICE

JU301*

Supreme Court Act 1935

Supreme Court Amendment Rules 2011

Made by the Judges of the Supreme Court.

I. Citation
These rules are the Supreme Court Amendment Rules 2011.

2.            Commencement

These rules come into operation as follows —

(a)	rules 1 and 2 — on the day on which these rules are published in the Gazette;
(b)	the rest of the rules — on the 14th day after that day.

3.            Rules amended

These rules amend the Rules of the Supreme Court 1971.

4.            Order 1 amended

(2) In Order 65 rule 18(4) delete "of appeal" (each occurrence).
(1)	In Order 1 rule 4(1) insert in alphabetical order:

form has a meaning affected by rule 6 and, if followed
by a number, means the form of that number in

Schedule 2;

(2) Delete Order 1 rule 5.

5.            Order 65 amended

(1)	In Order 65 rule 18(3) delete "judge of appeal." and insert:
judge.

2552 GOVERNMENT GAZETTE, WA 28 June 2011

6.            Various references to "paragraph" amended

(1) In the provisions listed in the Table delete "Paragraph" and

insert:

Subrule

Table

Order 18 r. 14(2)	Order 20 r. 11 (2)
Order 24A r. 10(4a)	Order 30 r. 4(2)
Order 33 r. 10(2)	Order 34 r. 16(2)
Order 34 r. 19(2)	Order 36A r. 2(6)
Order 66 r. 24(5)	Order 70 r. 13(8)
Order 72 r. 1(2)	Order 85 r. 3(2)

(2)	In the provisions listed in the Table delete "Paragraphs" and insert:
Subrules

Table

Order 24A r. 10(3) and (9) Order 30 r. 4(4)

(3)	In each provision in which "paragraph" appears, other than the provisions listed in the Table, delete "paragraph" (each occurrence) and insert:
subrule

Table

Order 4A r. 2. 6 and 9	Order 18 r. 3(4) second occurrence
Order 20 r. 7(2)	Order 26 r. I and 4
Order 37 r. 2(3)	Order 43 r. 9(2)
Order 56A r. 3(2)	Order 58 r. 30(1)(b)
Order 67 r. 19(5)	Order 71A r. 3(2)
Order 81FA r. 7(2)	The Second Schedule

(4)	In each provision in which "paragraphs" appears, other thin the provisions listed in the Table, delete "paragraphs" (each occurrence) and insert:
subrules

28 June 2011 GOVERNMENT GAZETTE, WA 255:3

Table

Order 1 1A r. 5, 13 and 15	Order 20 r. 7(2)
Order 31 r. 1(2)	Order 37 r. 2(3)
Order 70 r. 1	The Second Schedule

7.           Other provisions amended

Amend the provisions in the Table as set out in the Table.

Table

Provision	Delete	Insert
Order 1 r. 6(1)	the Second Schedule shall	Schedule 2 shall
the Second Schedule to these	Schedule 2
Rules,
Order 8 r. 7(1)	the foregoing provisions of	rules 1 to 6,
this Order,
Order 9 r. 5	The foregoing Rules of this	Rules 1 to 4
Order
Order 10	subparagraph (e))	paragraph (e))

r. 1(1)6)

Order 17 r. 15	the foregoing Rules of this	rules ito 11,
Order,
Order 18 r. 3(4)	the last foregoing paragraph,	subrule (3),
Order 18 r. 8(4)	the foregoing provision	such an order
Order 19 r. 3(3)	the foregoing provisions of	subrules (1) and (2),

this Rule,

Order 19 r. ii	the foregoing provisions of	rules ito 10
this Order

Order 20 subparagraph paragraph

r. 19(3)(b)(i)

Order 20 r. 23(3)	(i)	the	(a)	the
(ii)	the	(b)	the

(iii)	the	(c)	the
(iv)	the	(d)	the
(v)	the	(e)	the
(vi)	the	(f)	the
(vii)	the	(g)	the
(viii)	the	(h)	the

(ix)(a)	the	(i)	the
(ix)(b)	the	(j)	the

(x)	what	(k)	what
(xi)	what	(1)	what
(xii)	what	(m)	what
(xiii)	the	(n)	the
(xiv)	what	(o)	what

2554 GOVERNMENT GAZETTE, WA 28 June 2011

Provision Delete Insert

(xv) what (p) what

Order 24 r. 12	the Third Schedule.	Schedule 3.
Order 25 r. 2	the preceding Rule	rule 1
Order 27 r. 6(3)	the relevant subparagraph,	subrule (i)(b) or (c), as the case may be,

Order 28 r. 1 (1)(a) Where (1) Where

(b)	Where	(2A)	Where
(c)	If	(213)	If

Order 36 r. 6	The foregoing Rules of this	Rules 1 to 5
Order
Order 38 r. 16(5)	foregoing table.	Table to subrule (1).
Order 42 r. 1(2)	the Second Schedule	Schedule 2
Order 43 r. 8(1)	the last preceding Rule	rule 7
Order 43 r. 9(2)	the last preceding paragraph	subrule (1)
Order 43 r. 10	the preceding Rules of this	rules ito 9,
Order,
Order 52 r. 7(1)	the foregoing provisions of	rules ito 6,

this Order,

Order 55 r. 4(1)	the last preceding Rule	rule 3
Order 55 r. 10(1)	the foregoing provisions of	rules ito 9
this Order

Order 56	(3)(a)	Where	(3)	Where
r. 1(3)(a)
Order 56	(b)	In	(4A)	In
r. 1(3)(b)

Order 56 r. 4(4)	the foregoing provisions of	subrules (1), (2) or
this Rule,	(3),
Order 58 r. 3	the last preceding Rule	rule 2
Order 58 r. 4	the last 2 preceding Rules	rules 2 and 3

A. Where (a) where

(a)	for	(i)	for
(b)	for	(ii)	for
(c)	for	(iii)	for
(d)	for	(iv)	for

(e)	for	(v) for
(1)	for	(vi) for

(g) if (vii) if

concur. concur;

B. Where (b) where

28 June 2011 GOVERNMENT GAZETTE, WA 2555

Provision Delete Insert

Order 59 r. 1(1)	(1)	applications	(a)	applications
(2)	subject	(b)	subject
(3)	applications	(c)	applications
(3a)	any	(d)	any

(3b)	applications	(e)	applications
(4)	applications	(f)	applications
(5)	applications	(g)	applications
(6)	applications	(h)	applications
(7)	applications	(i)	applications
(8)	applications	(j)	applications
(9)	applications	(k)	applications
(10)	applications	(1)	applications
(11)	applications	(m)	applications
(12)	applications	(n)	applications
(13)	applications	(0)	applications
(14)	applications	(p)	applications
(15)	such	(q)	such

Order 66 subparagraph (a). paragraph (a).

r. 24(2)(b)

Order 66 r. 24(6)	the foregoing provisions of	subrules (1) to (5)
this Rule
Order 66 r. 24(7)	The foregoing provisions of	Subrules (1) to (6)
this Rule
Order 66 r. 54(1)	the last preceding Rule	rule 53
Order 66 r. 56	the last preceding Rule	rule 55
Order 67 r. 16	the Second Schedule,	Schedule 2,
Order 70	subparagraph (b)	paragraph (b)

r. 4(3)(c)

Order 70	subparagraph (a)	paragraph (a)
r.	4(5)(b)
Order 70	subparagraphs (a) or (b) do	paragraph (a) or (b)
r. 13(4)(c)	does
Order 8 1E	subparagraph (a); or	paragraph (a); or
r. 1 1(3)(b)(i)
The Third	the last 2 preceding regulations	regulations 7 and 8
Schedule r. 9

8. Heading to The Second Schedule replaced
Delete the heading to The Second Schedule and insert:

Schedule 2 - Forms

2556 GOVERNMENT GAZETTE, WA 28 June 2011

9.            The Second Schedule amended

(1) This rule amends The Second Schedule.
(2) In Form No. 1 delete the heading and insert:

1.            Writ of summons (general form) (0. 5 r. 1)

(3) In Form No. 2 delete the heading and insert:

2. Writ of summons indorsed with statement of claim
(O.5r. 1)

(4) In Form No. 3 delete the heading and insert:

3. Writ of summons which, or notice of which, is to be
served out of the jurisdiction (0.5 r. 2)

(5) In Form No. 4 delete the heading and insert:

4. Notice of writ of summons for service out of the
jurisdiction (0. 5 r. 2)

(6) In Form No. 5 delete the heading and insert:

5. Indorsements of representative capacity of parties
(0. 6 r. 5)

(7) In Form No. 7 delete the heading and insert:

7.             Notice limiting defence (0. 12 r. 10)

(8) In Form No. 10:

(a) delete the heading and the first sub-heading and insert:

10.          Forms for Order 18

(1) Notice to be indorsed on copy of counterclaim (0. 18 r. 3(5))

(b) delete the second sub-heading and insert:

(2) Memorandum of appearance to counterclaim (0. 18 r. 3)

28 June 2011 GOVERNMENT GAZETTE, WA 2557

(c) delete the third sub-heading and insert:

(3) Memorandum of appearance of person added as defendant

(0. 18 r. 8(3))

(9) In Form No. 11 delete the heading and insert:

11.          Third party notice (general form) (0. 19 r. 1)

(10) In Form No. 12 delete the heading and insert:

12. Third party notice where question or issue to be
determined (0. 19 r. 1)

(11) In Form No. 18 delete the heading and insert:

18.           Affidavit verifying list of documents (0. 26 r. 4(3))

(12) In Form No. 19 delete the heading and insert:

19. Request to set down cause for further consideration
(0. 33 r. 13(3))

(13) In Form No. 20 delete the heading and insert:

20. Notice that cause has been set down for further
consideration (0. 33 r. 13(3))

(14) In Form No. 23 delete the heading and insert:

23. Writ of subpoena for service in New Zealand
(0. 3613 r. 3(1))

(15) In Form No. 23A delete the heading and insert:

23A. Notice to accompany subpoena for service in New
Zealand (0. 36B r. 3(1))

NOTICE TO wITNI:ss

2558 GOVERNMENT GAZETTE, WA 28 June 2011

(16) In Form No. 25 delete the heading and insert:

25. Order for examination ofwitiiess of witness before trial
(0. 38 r. 1)

(17) In Form No. 26 delete the heading and insert:

26. EvidenceAct 1906 s. 110 or 111, order under
(0. 38A r. 5)

(18) In Form No. 28 delete the heading and insert:

28.          Letter of request (0. 38A r. 3(4))

(19) In Form No. 29 delete the heading and insert:

29.           Undertaking as to costs of letter of request (0. 38A r. 5)

(20) In Form No. 30 delete the heading and insert:

30. Evidence Act 1906 s. 117, order under (0.39 r. 3)

(21) In Form No. 31 delete the heading and insert:

31.          Certificate (0. 39 r. 5(2))

(22) In Form No. 3 1A delete the heading and insert:

31A. Application for subpoena to be set aside (0. 39A r. 4(1))

(23) In Form No. 31B delete the heading and insert:

31B. Objection to determination without hearing
(0. 39A r. 4(8))

(24) In Form No. 31C delete the heading and insert:

31C. Request for hearing by video link or telephone
(0. 39A r. 4(9))

28 June 2011 GOVERNMENT GAZETTE, WA 2559

(25) In Form No. 31D delete the heading and insert:

31D. Certificate of non-compliance with subpoena
(0. 39A r. 5)

(26) In Form No. 32 delete the heading and insert:

32. Default judgment in action for liquidated demand
(0. 13 r. 2; 0.22 r. 2; 0.42 r. I)

(27) In Form No. 34 delete the heading and insert:

34. Default judgment where demand iiiiliquidated
(0. 13r.7)

(28) In Form No. 35 delete the heading and insert:

35. Default judgment in action relating to detention of goods
(0. 13 r.4; 0.22r.4; 0.42 r. I)

(29) In Form No. 36 delete the heading and insert:

36. Default judgment in action for possession of land
(0. 13 r. 5; 0. 22 r. 5; 0. 42 r. 1)

(30) In Form No. 37 delete the heading and insert:

37.           Final judgment after assessment of damages etc.

(0. 42 r. 1)

(31) In Form No. 38 delete the heading and insert:

38.          .Judgmeiit under Order 14 (0. 14 r. 3)

(32) In Form No. 39 delete the heading and insert:

39.          Judgment after trial by judge without a jury (0. 42 r. I)

(33) In Form No. 40 delete the heading and insert:

40.          Judgment after trial Nvith a jury (0. 42 r. I)

2560 GOVERNMENT GAZETTE, WA 28 June 2011

(34) In Form No. 41 delete the heading and insert:

41. Judgment after trial before master or special referee
(0. 42 r. 1)

(35) In Form No. 42 delete the heading and insert:

42.          Judgment after decision of preliminary issue (0.32 r. 7)

(36) In Form No. 43 delete the heading and insert:

43. Judgment for defendant's costs on discontinuance
(0. 23 r. 2)

(37) In Form No. 60 delete the heading and insert:

60.          Summons for appointment of receiver (0. 51 r. 1)

(38) In Form No. 61 delete the heading and insert:

61. Order directing summons for appointment of receiver
and granting injunction meanwhile (0. 51 r. 1)

(39) In Form No. 62 delete the heading and insert:

62.           Receiver order (interim) (0. 51 r. 1)

(40) In Form No. 63 delete the heading and insert:

63.           Receiver's recognisance (0. 51 r. 3(3))

(4 1) In Form No. 64 delete the heading and insert:

64.           Notice of origitiatitig motion (0. 54 r. 5)

(42) In Form No. 65 delete the heading and insert:

65.           Notice of motion (0. 54 r. 5)

28 June 2011 GOVERNMENT GAZETTE, WA 2561

(43) In Form No. 66 delete the heading and insert:

66.           Order of committal (0.55 r. 7(4))

(44) In Form No. 74 delete the heading and insert:

74.           Originating summons, appearance required (0. 58 r. 14)

(45) In Form No. 75 delete the heading and insert:

75. Originating summons, appearance not required
(0. 58 r. 14)

(46) In Form No. 76 delete the heading and insert:

76. Notice of appointment to hear originating summons
(0. 58 r. 19)

(47) In Form No. 77 delete the heading and insert:

77.           Summons (general form) (0. 59 r. 4(1))

(48) In Form No. 80 delete the heading and insert:

80.           Notice ofjiidgment or order (0. 61 r. 3(3))

(49) In Form No. 81 delete the heading and insert:

81.           Advertisement for creditors (0. 61 r. 15(2))

(50) In Form No. 82 delete the heading and insert:

82. Advertisement for claimants other than creditors
(0. 61 r. 15(2))

(51) In Form No. 93A delete the heading and insert:

93A. Public Notaries Act 1979 s. 8, certificate (0. 76 r. 2)

2562 GOVERNMENT GAZETTE, WA 28 June 2011

(52) In Form No. 93B delete the heading and insert:

93B. Notice of intention to apply for appointment as public
notary (0. 76 r. 3)

(53) In Form No. 93C delete the heading and insert:

93C. Certificate of appointment as public notary Western
Australia (0. 76 r. 5(1))

(54) In Form No. 93D delete the heading and insert:

93D. Certificate that name of public notary remains on roll
(0. 76 r. 5(2))

(55) In Form No. 99 delete the heading and insert:

99. Escheat (Procedure) Act 1940, notice of application
under (0. 80 r. 3)

(56) In Form No. 100 delete the heading and insert:

100. Escheat (Procedure) Act 1940, order of escheat
(0. 80 r. 7)

(57) In Form No. 105 delete the heading and insert:

105. Commercial lrbitrafio,i let 1985, title of l)Iocecdillgs

(0. 811) r. 2)

(58) In Form No. 106 delete the heading and insert:

106. Commercial Arbitration Act 1985, notice of payment into
court (0. 81D r. 12)

(59) In Form No. 107 delete the heading and insert:

107. Commercial Arbitration Act 1985, notice of acceptance of
sum paid into court (0. 81D r. 13)

28 June 2011 GOVERNMENT GAZETTE, WA 2563

10.          Heading to The Third Schedule replaced

Delete the heading to The Third Schedule and insert:

Schedule 3 Payment into and out of court

[0.24 r. 12]

Dated: 21 June 2011.

W. S. MARTIN, Chief Justice's signature.

Justice MURRAY	Justice BEECH
Justice McKECHNIE	Justice NEWNES
Justice McLURE	Justice MURPHY
Justice PULLIN	Justice HALL
Justice HEENAN	Justice MAZZA
Justice Le MIERE	Justice CORBOY
Justice JENKINS	Justice PRiTCHARD
Justice BUSS	Justice ALLANSON Judges' signatures.