Supreme Court Amendment Rules 2013 (WA)

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GOVERNMENT GAZETTE. WA

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These rules are the Supreme Court AmendmenI Rules 2013.

JU301*
Supreme Court Act 1935

Supreme Court Amendment Rules 2013

Made by the judges of the Supreme Court.
1. Citation

23 April 2013 CTOVERNITENT CTAZETTF. WA 1591

2. Commencement niencement
These rules come into operation as follows -

(a) rules 1 and 2 — on the day on •hich these rules are published in the Gazette;
(b)

the rest of the rules on the 14''' day after that day.
3. Ruses amended
These rules amend the Rules af'the Supreme Court 1971.

4. Order 4A amended
After Order 4A rule 11(a) insert:
(ha) any case in which there is an application for -
(i)      judicial review to which Order 56 applies; or
(ii)      a review order under the Magistrates
Court Act 2004 section 36;
(iii)      a writ of habeas corpus or an infbrniation of quo warranlo;

5. Order 56 heading replaced
Delete the heading to Order 56 and insert:
Order 56 — Judicial review

6. Order 56 amended

(1) Delete Order 56 rules I to 9 and insert:

1. Terms used

(1) In this Oi'der, unless the contrary intention appears -
udequate seasons. for a decision. means a document
that

(a)

states any findings on material questions of fact that led to the decision and refers to the evidence or other material on which those findings were made; and
(b) states the reasons for the decision;
application means an application fi- judicial review of
a reviewable decision tn , of revie•able conduct;
challenged conduct means reviewable conduct in
respect of •hich an application is made:

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challen edd ddecisioi, means a reviewable decision in
respect of which an application is made;
conduct includes any act and any omission;
limitation peril) d

(a) for an application f{)i judicial review of a reviewable decision. means 6 months after the later of-
(i) the date on • hich the decision is made;
or
(ii) the date on which the applicant became aware of it;

(b) for an application Ri judicial review of

reviewable conduct. other than a failure to
make a decision. means 6 months after the later
of —
(i) the date on hich the conduct occurred;
or
(ii) the date on •hich an applicant became aware out.
unless a written law sets a different period, in which
case it means that period;
remedy includes relief;
reviewable conduct means any conduct. including conduct for the purpose of makin^t a decision and a failure to make a decision. that the Court. under the common la• or in equity, has jurisdiction to review and to grant relief in respect of by way of a writ, a
declaration or an injunction;
reriewable decision means any decision that the Court,
under the common law or in equity. has jurisdiction to
review and to grant relief in respect of by way of a

•rit.. a declaration or an injunction;
tii'rit means a writ ofcertiorari. mandamus. prohibition
or procedendo or an information of quo warranto.

(2) For the purposes of paragraph (a) of the definition of
Iimmituhon period in subru le (1), it does not matter i f on
the relevant date —

(a) the reviewable decision is not or had not been extracted or given in writing; or
(b)

adequate reasons for the revie • ahle decision
are not or had not been given.

2. Application, making

(1) To make an application, a person must file an
application in the form of Form No. 67A.

23 April 2011 GOVERNMENT G AZETTE, WA 159:3

(2) In one application a person may apply for any or a
combination of these remedies

(a) one or more writs;
(b) either a declaration or an injunction or both:

(c)

a remedy havin g, the same effect as a remedy that could be provided by means of a writ.

(3) An application must state the grounds on which it is
made.

(4) If an application is made outside the limitation period
for the application -

(a)

the application must include an application for leave to proceed with the application; and

(b)

the applicant must tile an affidavit explaining why the application was not made within the limitation period.

(5) If adequate reasons fora challenged decision have not
been given when an application is made for judicial
review of it. the application may include an application
for an order that the person who made it must give
adequate reasons.
3. Application, service of
Ater making an application, the applicant must serve it. by personal service, on —

(a) the person who made the challenged decision or engaged in the challenged conduct; and
(b) any person who gas a party to the pi oceedings in which the challenged decision was made or the challenged conduct occurred.
4. Person served with appIication, options of

A person served with an application may

(a)

enter an appearance under Order 12. which applies •ith any necessary changes; or

(b)

tile. and serve on the applicant, a notice stating the person does not intend to take part in the proceedings and will accept any order made by the Court on the application other than as to costs.
Procedure on application

(1) The applicant and any person served •ith an
application aie entitled to he heard on it.

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(2) On an application. the Court may do one or more of the

following —

(a) if the application is made outside the limitation period fin- the application. give or refuse the applicant leave to proceed •ith the application;
(b)
order the applicant to serve the application on a an interest in the challenged decision, the challenged conduct or the outcome of the application;

(c) if adequate reasons for the challenged decision have not been given, order the person who made it togive adequate reasons for it to any or all of the following
(i)      the Court;
(ii)      the applicant;
(iii)      a person served ith the application;

(d) prohibit or restrict the disclosure of the reasons for the challenged decision or any part of them:
(e) order the applicant or any other person to file an affidavit as to any facts material to the application, the challenged decision or the challenged conduct:
(1) give the applicant leave to file and rely on an

affidavit (whether or not made by the
applicant);

(g)

allow a person not served with the application to he heard on it;

(h)

give the applicant leave to require a person served with the application to give discovery under Order 26;

(i) give the applicant leave to require a person
served with the application to answer
interrogatories under Oider 27;
(j) allow the applicant to amend the application:
(k) adjourn the hearing of the application;
(1) refuse the whole or a part of the application if it has no reasonable prospect of succeed in:

(m) grant of refuse the application;

(n)

if it considers the remedy applied for would be inadequate, grant any other remedy.

(3) Subrule (2) does not limit the operation of Order 4A or the powers of the Court when dealing•with an
application.

23 April 2011 GOVERNMENT GAZETTE, WA 1595

(4) A single judge dealin g, with an application may.
without deciding it, order' it be heard by the Court of
Appeal.
6. Discovery and interrogatorie
Orders 26 and 27 do not apply in proceedings on an application unless and to the extent the Court. under rule 5(2) or Order 4A. ,iv es leave and orders
otherwise.
7. Costs

(1) The Court may make an order for the payment of the costs of the proceedings on an application against one or more of these persons -

(a) the applicant;

(b)

the person who made the challenged decision or engaged in the challenged conduct;
(c) a person served with the application;

(d)

a person not served with the application hum the Court allowed to he heard on it.

(2) Subject to rule 24. the Court may make such an order
before. when or after deciding the application.

(2) In Order 56 rule 10(1):

(a) delete "in proceedings to which this Order relates" and insert:
on an application

(b) delete paragraph (a) and insert:

(a) he prepared by the applicant; and

(3) Delete Order 5f rules 11, 12 and 13.

(4) In Order 56 rule 15(1) delete "An order nisi for a writ" and
insert:
A writ
(5) In Order 56 rule 25 delete "order nisi or".
(6) In Order 56 rule 26 delete "to •hc m the notice of motion. order
nisi or" and insert:
who made the challenged decision or to whom the

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(7) Delete Order 56 i'tile 27.
(8) Delete the headinl^ to Order 56 Division 4 and insert:

Division 4 — Prohibition and proeede►rrlo

(9) At the beginning of Order 56 Division 5 insert:

34A. Application for information of quo Warr u to

To apply for an information of quo warranto without applying fn , judicial review, a person must apply ex
part by orig inating motion.

(10) Delete Order 56 rule 35(2) and insert:

(2) A copy of the information must be served on the
respondent or.. if he or she appeared by a lawyer. on the
la•ver.

7. Schedule 2 amended
In Schedule 2 after Form 66 insert:

67A. Application for judicial review (0. 56 r. 2)

[n the SLlpreme Court of Western No:

Australia i lidicial re. i^^ ►,

Application f r .

Applicant

xe5 por,aenl N a r„c :
0ffi cc:
Other p!rlic^
Decision or Datc:
conduct to be Where made or occurring:
reviewed Written ]aw governing:
Description:
Application I'he applicant applies lnr JLlaicia] review 01 the above
^ rick c,nc )r decision or conduct and

norc a writ of certiorari:
a writ of mandamus;
a writ of prohibition;
a writ of prr^cedLndo;
an inlnrmation of quo warranto;
a declaration:
an injunction:
this remedy (being a remedy hich 1A0Llld have the same effect as a remed} that could be provided by means of one or more of the above writs)

23 April 2011 GOVERNMENT CTAZETTE , WA 1597

Grounds of I'he grounds for the above app] cation are these
application 1.
I : ate

71 The applicant a]so applies fnr ]cave to proceed with this

application application wine hi is made oLltSide the ]imitation peri0a.

Reasons or 71 The applicant a]so applies for an order that tfie maker
decision of the cha]]enzed decision give adequate reasons for it.

5] matL11-C 01 f)ak:
applicant or

]aw er App]icant,App]icant's ]a^vyer

Notes to Form No. 67A-

1 . The respondent is the person hose decision or conduct is to be
reviewed.
2. Tick only if necessary.

Dated: 15 April 2013.
1ud es signatures:
Chief Justice MARTIN

Justice McKECI-INIE Justice BEECH
Justice McLURE Justice NEWNES
Justice PUJLLIN Justice M!1RTIN
Justice HEENAN Justice MURPHY
Justice Le MIERE Justice HALL

Justice JENKINS Justice MAllA

Justice SIMMONDS Justice PRITCHARD
Justice BUSS Justice EDELMAN

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Supreme Court Amendment Rules 2013 (WA)

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(a)	states any findings on material questions of fact that led to the decision and refers to the evidence or other material on which those findings were made; and
(b)	states the reasons for the decision;

(a)	one or more writs;
(b)	either a declaration or an injunction or both:
(c)	a remedy havin g, the same effect as a remedy that could be provided by means of a writ.

(a)	the application must include an application for leave to proceed with the application; and
(b)	the applicant must tile an affidavit explaining why the application was not made within the limitation period.

(a)	the person who made the challenged decision or engaged in the challenged conduct; and
(b)	any person who gas a party to the pi oceedings in which the challenged decision was made or the challenged conduct occurred.

(a)	enter an appearance under Order 12. which applies •ith any necessary changes; or
(b)	tile. and serve on the applicant, a notice stating the person does not intend to take part in the proceedings and will accept any order made by the Court on the application other than as to costs.

(a)	if the application is made outside the limitation period fin- the application. give or refuse the applicant leave to proceed •ith the application;
(b)

(d)	prohibit or restrict the disclosure of the reasons for the challenged decision or any part of them:
(e)	order the applicant or any other person to file an affidavit as to any facts material to the application, the challenged decision or the challenged conduct:

(g)	allow a person not served with the application to he heard on it;
(h)	give the applicant leave to require a person served with the application to give discovery under Order 26;

(i)	give the applicant leave to require a person
served with the application to answer interrogatories under Oider 27;
(j)	allow the applicant to amend the application:
(k)	adjourn the hearing of the application;

(m)	grant of refuse the application;
(n)	if it considers the remedy applied for would be inadequate, grant any other remedy.

(3) Subrule (2) does not limit the operation of Order 4A or	the powers of the Court when dealing•with an
application.

(a)	the applicant;
(b)	the person who made the challenged decision or engaged in the challenged conduct;
(c)	a person served with the application;
(d)	a person not served with the application hum the Court allowed to he heard on it.

(b)	delete paragraph (a) and insert:
(a) he prepared by the applicant; and

(4)	In Order 56 rule 15(1) delete "An order nisi for a writ" and insert:
A writ
(5)	In Order 56 rule 25 delete "order nisi or".
(6)	In Order 56 rule 26 delete "to •hc m the notice of motion. order nisi or" and insert:
who made the challenged decision or to whom the

(7)	Delete Order 56 i'tile 27.
(8)	Delete the headinl^ to Order 56 Division 4 and insert:

34A.	Application for information of quo Warr u to
To apply for an information of quo warranto without applying fn , judicial review, a person must apply ex
part by orig inating motion.

67A.	Application for judicial review (0. 56 r. 2)
[n the SLlpreme Court of Western	No:
Australia	i lidicial re. i^^ ►,

xe5 por,aenl	N a r„c :
0ffi cc:
Other p!rlic^
Decision or	Datc:
conduct to be	Where made or occurring:
reviewed	Written ]aw governing: Description:
Application	I'he applicant applies lnr JLlaicia] review 01 the above
^ rick c,nc )r	decision or conduct and
norc	a writ of certiorari: a writ of mandamus; a writ of prohibition; a writ of prr^cedLndo; an inlnrmation of quo warranto; a declaration:
an injunction:
this remedy (being a remedy hich 1A0Llld have the same effect as a remed} that could be provided by means of one or more of the above writs)

Reasons or	71	The applicant a]so applies for an order that tfie maker
decision	of the cha]]enzed decision give adequate reasons for it.

5] matL11-C 01	f)ak:
applicant or
]aw er	App]icant,App]icant's ]a^vyer

1 .	The respondent is the person hose decision or conduct is to be reviewed.
2.	Tick only if necessary.

Justice McKECI-INIE	Justice BEECH
Justice McLURE	Justice NEWNES
Justice PUJLLIN	Justice M!1RTIN
Justice HEENAN	Justice MURPHY
Justice Le MIERE	Justice HALL

Justice SIMMONDS	Justice PRITCHARD
Justice BUSS	Justice EDELMAN