Supreme Court Amendment Rules 2018 (WA)
27 February 2018 GOVERNMENT GAZETTE, WA 551 Supreme Court Act 1935
Supreme Court Amendment Rules 2018
Made by the judges of the Supreme Court.
1. Citation
These rules are the Supreme Court Amendment Rules 2018.
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 1 March 2018.
3. Rules amended
These rules amend the Rules of the Supreme Court 1971.
4. Order 1 amended
(1) In Order 1 rule 4(1) delete the definition offile. (2) In Order I rule 4(1) insert in alphabetical order:
registered with the Court to send documents to the
Court, and to receive documents from the Court, by
means of the EDS;authorised user, of the EDS, means a person who is powers of the Court delegated to the officer by these rules;
EDS means the Court's electronic document system;
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file, in relation to a document, means to comply with
Order 67A in relation to the document;
file electronically, in relation to a document, means file
the document under Order 67A using the EDS;filed document means -
(a) a document that - (i) has been filed with the Court; and
(ii) has not been refused by the Court; and
(iii) has been officially recorded by the Court as having been filed;
and (b) any other document officially recorded by the
Court as being a filed document;
(3) In Order 1 rule 4(1) in the definition of Cause Book delete
"Office" and insert:Office, in the manner directed by the Chief Justice from time to time,
(4) Delete Order 1 rule 4(2).
(5) After Order 1 rule 7 insert: 8. Documents given to authorised users or Court by
means of EDS(1) If—
(a) these rules provide that the Court is required or
authorised to give any writ, notice, order,
summons or other document to a person; and
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the person is an authorised user of the EDS,
the Court may give the document to the person by
means of the EDS.
(b)
(2) If—
(a) these rules provide that a person is required or authorised to give a document to the Court; and (b)
the person is an authorised user of the EDS,
the person may give the document to the Court only by
filing the document electronically unless these rules
provide otherwise in respect of the document.
5. Order 3 amended
(1) In Order 3 rule 4 delete "Where" and insert: (1) Where (2) At the end of Order 3 rule 4 insert:
(2) Subrule (1) does not apply to the filing of a document
on a day on which the Central Office is closed if the
document is required by these rules to be filed electronically.
6. Order 4A amended
(1) In Order 4A rule 513(1)(b) and (c) delete "attach to the letter"
and insert:file with the letter as an attachment
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(2) Delete Order 4A rule 513(5) and insert:
(5) Order 67A rule 2(4) and (5) do not apply to a party
who fails to comply with subrule (l)(a).(3) In Order 4A rule 5C(b) delete "Order 67 rule 18A" and insert: Order 67A Division 2 7. Order amended
(1) In Order 5 rule 7 delete "The" and insert: (1) The (2) At the end of Order 5 rule 7 insert:
(2) Subrule (1) does not apply if the writ is filed
electronically.(3) Delete Order 5 rule 8 and insert:
8. Writ to be recorded when issued
The proper officer must record, in the manner directed by the Chief Justice from time to time, a writ when it is issued.
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8. Order 7 amended
After Order 7 rule 3(4) insert:(5) Subrule (6) applies if—
(a)
an original writ is sealed and issued to the plaintiff by means of the EDS; or
(b)
the plaintiff has lawful access to an original writ in the EDS.
(6) If this subrule applies -
(a) the plaintiff may print from the EDS 1 or more copies of the original writ; and (b) a printed copy may be treated as a concurrent writ despite subrule (2) not having been complied with.
9. Order 8 amended
(1) In Order 8 rule 2(1) delete "filed in the Central Office," and
insert:filed,
(2) Delete Order 8 rule 3. (3) In Order 8 rules 4, 6(3)(b) and 7(1)(b) delete "in the Central
Office".
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10. Order 10 amended
(1) In Order 10 rule 9(4):
(a) delete "lodge in the Central Office" and insert: file
(b) delete "and an additional copy thereof' and insert: and, unless the request and the copy of the writ are filed
electronically, an additional copy of the writ
(2) In Order 10 rule 9(5) delete "lodged" and insert: filed (3) In Order 10 rule 11 delete "lodged" and insert: filed 11. Order 11 amended
After Order 11 rule 2A(2) insert: (3) A letter of request referred to in subrule (1), any
document that accompanies the letter of request and
any other document to be filed for the purposes of this
Order cannot be filed electronically.
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12. Order I 1 amended
(1) After Order I IA rule 4(1) insert: (1A) If the local judicial document is a document of the
Court, the application, and any other document to be
filed for the purposes of this rule, must be filed
electronically.(1B) If the local judicial document is not a document of the
Court, the application, and any other document to be
filed for the purposes of this rule, cannot be filed
electronically.(2) In Order 1 1A rule 4(2) delete "3 copies of each of the following
documents -" and insert:each of the following documents (if the application is filed
electronically) or 3 copies of each of those documents (if the
application is not filed electronically) -(3) In Order 1 IA rule 7(1) delete "to the registrar" and insert:
into the Central Office (4) After Order 1 1A rule 13(3) insert:
(4)
A request for service referred to in subrule (2), and any other document to be filed for the purposes of this rule, cannot be filed electronically.
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(5) In Order 1 1A rule 16(1) and (2) delete "lodge with the Court"
and insert:file (6) In Order 1 1A rule 16(3) delete "lodged" and insert: filed (7) After Order 1 1A rule 16(4) insert:
(5) An affidavit as to service to be filed in accordance with
this rule cannot be filed electronically.13. Order 12 amended
In Order 12 rule 3 delete "enter the appearance in the Cause
Book," and insert:record the entry of appearance,
14. Order 20 amended
(1) Delete Order 20 rule 7(4)(b) and insert:
(b) in any other case, with the name or firm and
address for service of the solicitor by whom it
was filed.
(2) In Order 20 rule 23(1) delete "in the Central Office".
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(3) In Order 20 rule 23(2) delete "filed in the Central Office." and
insert:filed. (4) In Order 20 rule 24(1):
(a) delete "lodge" and insert: file
(b) delete "lodged" and insert: filed
(5) In Order 20 rule 24(2) delete "lodge" (each occurrence) and
insert:file Note: The heading to amended Order 20 rule 24 is to read: Failure to file Preliminary Act
15. Order 21 amended
(1) Delete Order 21 rule 5 and insert: 5. Amending writ or pleading with leave
(1) This rule is subject to -
(a) Order 18 rules 6, 7 and 8; and (b) Order 20 rule 19(2) to (5). GOVERNMENT GAZETTE, WA 27 February 2018
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(2) The Court may at any stage of the proceedings, without
determining whether any relevant period of limitation
has expired, allow the plaintiff to amend the plaintiff's
writ, or any party to amend that party's pleading, on
any terms as to costs or otherwise that may be just and
in the manner (if any) that the Court may direct.
(2) In Order 21 rule 9(1) delete "red, or in such other manner as"
and insert:any manner that (3) In Order 21 rule 9(2):
(a) delete "red or in such other manner as" and insert: any manner that
(b) delete "causing it to be re-sealed and filing a copy thereof." and insert: by filing a copy and the request that it be re-sealed.
16. Order 31 amended
(1) ln Order 3l rule 3(2):
(a) delete "lodge at the Central Office" and insert: file
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(b) delete "lodge such" and insert: file those
(2) In Order 31 rule 5(1) delete "an office" and insert: a sealed 17. Order 33 amended
(1) In Order 33 rule 14(1) delete "deliver to the proper officer
2 copies in book form (one of which shall be for the use of the
judge at the trial) of' and insert:file as a bundle (2) In Order 33 rule 14(2) and (3) delete "2 further copies" and
insert:a further copy (3)
In Order 33 rule 14(4) delete "delivered or". 18. Order 34 amended
(1) In Order 34 rule 5(5) delete "submit" and insert: file
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(2) In Order 34 rule 6 delete "furnishes particulars to the plaintiff'
and insert:files and serves on the plaintiff particulars (3) In Order 34 rule 14(5) delete "give a written undertaking to the
Court" and insert:file a written undertaking 19. Order 36 amended
(1) In Order 36 rule 8(1) delete "Office copies" and insert: Copies (2) In Order 36 rule 8(2) delete an office and insert: a true
20. Order 36B amended
(1) After Order 36B rule 2(3) insert:
(3A) If the issuing officer issued the subpoena by means of
the EDS—
(a) the issuing party may print from the EDS 1 or
more copies of the subpoena; and
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(b) a printed copy may be treated as a copy of the
subpoena authenticated in accordance with
subrule (3).
(2) After Order 36B rule 6(5) insert: (5A) The addressee cannot comply with the requirement
under subrule (4)(b) to deliver or send the subpoena or
other document to the Registry by filing it
electronically.
(3) After Order 36B rule 813(3) insert: (3A) A request under rule 8 or 8A cannot be filed
electronically unless -
(a) the request is made by a party; or (b) the Principal Registrar has given approval for the request to be filed electronically.
21. Order 37 amended
(1) After Order 37 rule 2(9) insert: (9A) If 1 or more volumes of an affidavit and its attachments
are filed electronically, subrule (9) does not require
them to be bound.(2) In Order 37 rule 2(10) delete "attachments" and insert: attachments, if not filed electronically,
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(3) After Order 37 rule 2(10) insert: (11) Except in a case where the Court allows otherwise, a
volume of an affidavit and its attachments, if filed
electronically, must not exceed 250 pages.
(4) After Order 37 rule 9(2) insert:
(3) An exhibit to an affidavit cannot be filed electronically. 22. Order 38 amended
(1) In Order 38 rule 7 delete "The" and insert: (1) The (2) At the end of Order 38 rule 7 insert:
(2) The party must supply the copies in the format, or by
the means, required by the examiner.
(3) In Order 38 rule 11(9) delete "sent by him to the Central Office
and shall be filed therein." and insert:filed by the examiner.
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(4) After Order 38 rule 11(9) insert: (10) Unless the Principal Registrar has given approval for it to be filed electronically, the deposition cannot be filed electronically by the examiner.
(5) In Order 38 rule 17(1) delete "transmit any deposition, to be
filed at the Central Office," and insert:file any deposition 23. Order 39 amended
(1) After Order 39 rule 2(3) insert:
(4) An application, affidavit or summons referred to in this
rule cannot be filed electronically.(2) After Order 39 rule 5(1) insert:
(1A) The deposition cannot be filed electronically by the
examiner.
(3) After Order 39 rule 6(3) insert:
(4) The deposition and document referred to in
subrule (3)(b) cannot be filed electronically by the
examiner.
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24. Order 39A amended
(1) Delete Order 39A rule 4(3) and insert:
(3) The filed application must be headed with the heading
on the order of the Court granting leave to serve the
subpoena.(2) Delete Order 39A rule 4(5). 25. Order 40 amended
(1) In Order 40 rule 3(1) delete "send his report to the Court" and
insert:file the expert's report (2) After Order 40 rule 3(1) insert: (IA) Unless the Principal Registrar has given approval for it
to be filed electronically, the Court expert's report
cannot be filed electronically.
26. Order 42 amended
(1) After Order 42 rule 1(1) insert: (1A) The book must be kept in the manner directed by the Chief Justice from time to time.
(2) In Order 42 rule 6 delete "in the Central Office".
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(3) In Order 42 rule 7 delete "his solicitor or agent." and insert: the defendants solicitor.
(4) In Order 42 rule 9(1) delete "filed in the Central Office." and insert: filed. 27. Order 43 amended
(1) In Order 43 rule 4(1) delete "in the Registry of the Court as a record." and insert:
by the Court as a record in the manner directed by the Chief
Justice from time to time.
(2) In Order 43 rule 4(2) delete "by the registrar".
(3) After Order 43 rule 4(4) insert:
(5) If an order is issued by means of the EDS -
(a)
an authorised user may print from the EDS 1 or more copies of the order; and
(b)
a printed copy may be treated as a duplicate of the order for the purposes of this rule.
(4) In Order 43 rule 5 delete An" and insert: (1) An
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(5) At the end of Order 43 rule 5 insert:
(2) The registrar may dispense with the requirement under
subrule (1) to produce the duplicate or the duplicate
last issued, subject to any conditions the registrar
considers appropriate.(6) In Order 43 rule 6(1):
(a) delete "lodge a draft thereof in the Central Office" and insert: file a draft of the judgment or order
(b) delete "lodgment" and insert: filing
(7) In Order 43 rule 6(2) delete "lodged" and insert: filed Note: The heading to amended Order 43 rule 6 is to read:
Draft judgment or order to be filed
(8) Delete Order 43 rule 14(1) and insert:
(1) A judgment or order, when settled and passed, is to be
filed by the party entering or extracting it.
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(9) In Order 43 rule 15 delete "settled by the registrar," and insert: settled, (10) In Order 43 rule 16(2):
(a) delete "registrar may" and insert: registrar, a master or a judge may
(b) delete "which in his opinion" and insert: which, in the opinion of the registrar, master or judge,
28. Order 44A amended
Delete Order 44A rule 7 and insert:
7. Record to be kept of registered judgments
A record must be kept at the Supreme Court, in the manner directed by the Chief Justice from time to time, of the judgments ordered to be registered under the
Act.
29. Order 45 amended
In Order 45 rule 5(3):
(a) delete "lodge the account at the Central Office," and
insert:file the account,
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(b) delete "lodged" and insert: filed
30. Order 51 amended
(1) In Order 51 rule 3(4) delete "filed in the Central Office," and
insert:filed (2) After Order 51 rule 5(1) insert:
(1A) Unless the Principal Registrar has given approval for
them to be filed electronically, the accounts (including the final accounts referred to in rule 8) cannot be filed electronically by a receiver.
(3) Delete Order 51 rule 8 and insert: 8. Final accounts to be filed
When a receivership has been completed, the receiver must file the receiver's final accounts.
31. Order 53 amended
(1) In Order 53 rule 7 delete "The" and insert: (1) The
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(2) At the end of Order 53 rule 7 insert:
(2) Unless the Principal Registrar has given approval for it to be filed electronically, the opinion given by counsel cannot be filed electronically. 32. Order 56 amended
(1) In Order 56 rule 10(3) delete "in the Central Office". (2) In Order 56 rule 18 delete "Unless" and insert: (1) Unless (3) At the end of Order 56 rule 18 insert:
(2) If the writ is issued by means of the EDS -
(a)
the applicant may print from the EDS I or more copies of the writ; and
(b)
a printed copy may be treated as the original writ for the purposes of subrule (1).
(4) In Order 56 rule 20(1) delete "writ in the Central Office," and
insert:writ,
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33. Order 57 amended
(1) In Order 57 rule 5 delete "When" and insert: (1) When (2) At the end of Order 57 rule 5 insert:
(2) The writ, or a copy of it, cannot be filed electronically. (3) After Order 57 rule 7(3) insert:
(4) If the writ is issued by means of the EDS -
(a) the applicant may print from the EDS 1 or more copies of the writ; and (b) a printed copy may be treated as the writ for the purposes of this rule.
34. Order 60A amended
(I) After Order 60A rule 1(1)(a) insert:
(b) under Order 67B, the Court's powers in relation
to access to information, records and other
things;
(2) Delete Order 60A rule 1(2).
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(3) After Order 60A rule 2 insert: 2A. Registrars to deal with applications within their
jurisdictionIf an application made to the Court requests the exercise ofjurisdiction or a power of the Court that under this Order is exercisable by a registrar, the application must be dealt with by a registrar unless -
(a)
under rule 3 the proceedings have been referred to a judge or master; or
(b)
a judge, master or registrar has granted leave for the application to be dealt with by a judge or master.
(4) In Order 60A rule 4(3):
(a) in paragraph (c) delete "officer." and insert: officer; or
(b) after paragraph (c) insert:
(d) made under Order 67A; or
(e) to which Order 67B rule 17 applies.
35. Order 61 amended
(1) In Order 61 rule 18(2)b) delete 'produce to the Court" and
insert:file
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(2) Delete Order 61 rule 18(5) and (6) and insert:
(5)
A person claiming to be a creditor need not make an affidavit or attend in support of the claim, unless the person has been served with a notice under
subrule (2)(a).
(6) Unless the Court otherwise directs, a person claiming
to be a secured creditor must file evidence of the
security interest claimed.
(3) In Order 61 rule 2 1(2) delete "it in the Central Office." and
insert:it. 36. Order 65 amended
In Order 65 rule 19(5) delete "give a written undertaking to the
Court" and insert:file a written undertaking
37. Order 65C amended
(1) In Order 65C rule 7(1)(b) delete "lodge at the Central Office"
and insert:file
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(2) In Order 65C rule 11(1) delete "filed in the Central Office." and
insert:filed. 38. Order 66 amended
(1) In Order 66 rule 33 delete "and also the name and address of the
solicitor (if any) for whom he is agent,".(2) In Order 66 rule 36 delete "lodge" and insert: file Note: The heading to amended Order 66 rule 36 is to read: Vouchers as to disbursements to be filed
(3) In Order 66 rule 37 delete "leave" and insert: file (4) In Order 66 rule 39 delete "carry in" and insert:
file (5) In Order 66 rule 40 delete "bring in" and insert: file
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39. Order 67 amended
(1) In Order 67 rule 4 delete "to be used in the Central Office" and
insert:of the Court (2) In Order 67 rule 6:
(a) delete "Central Office" (0 occurrence) and insert: Court
(b) delete "office" and insert: true
(c) delete from the Central Office," and insert: by the Court.
(d) delete "of the Central Office," and insert:
of the Court,
(3) Delete Order 67 rule S and insert: 8. Indexes to filed documents
Proper indexes or calendars to the files or bundles of all documents that are filed must be kept, in the manner directed by the Chief Justice from time to time, so that they may be conveniently referred to when required.
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(4) In Order 67 rule 9(1):
(a) delete "in the Central Office"; (b) delete "under rule 20," and insert: electronically, After Order 67 rule 9(1) insert:
(5)
(1A) A document filed electronically may be sealed by
means of the EDS.
(6) In Order 67 rule 9(2):
(a)
delete "Central Office" (V occurrence) and insert: manner directed by the Chief Justice from time to time
(b) delete "at the Central Office".
(7) Delete Order 67 rules 10 and 11 and insert: 10. Custody of documents and things
(1) The Principal Registrar has custody of all -
(a) filed documents; and (b)
things and other documents kept, left or deposited in the Central Office, whether or not due to a Court order.
(2) The Principal Registrar must ensure the things referred
to in subrule (1) are kept in safe custody.
(8) In Order 67 rule 15 delete "office".
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(9) Delete Order 67 rules 18A, 1813, 19, 20 and 21 and insert: 19. Principal Registrar may declare EDS unavailable
(1) The Principal Registrar may, in any manner the
Principal Registrar thinks fit, declare that the EDS is
unavailable for use for a period set by the Principal
Registrar.(2) The Principal Registrar, in writing, may delegate the Principal Registrar's function under this rule to I or more other officers of the Court. (3) For the purposes of these rules, a declaration made by a
delegate of the Principal Registrar under this rule is
taken to be a declaration made by the Principal
Registrar.
40. Orders 67A and 67B inserted
After Order 67 insert:
Order 67A - Filing documents Division 1 - Preliniinarv matters
1. Terms used
complying document means a document the form and
content of which comply with these rules and any
Court order or direction;
deliver means deliver by hand;In this Order - the Court from time to time.
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Division 2 - Filing documents
2. General rules about filing documents
(1) A person who is required by these rules or the Court to
file a document, or who wants to do so, must, in
accordance with this Order, present a complying
document to the Court for filing.(2) The complying document must be presented together with any fee required to be paid when filing it or with the information the Court needs to enable the Court to be paid the fee. (3) A person must not present more than 1 copy of a
document to the Court for filing unless these rules or
the Court requires more than 1 copy to be filed.(4) If a party is required by these rules or the Court to file a
document, the party cannot, without the Court's leave,
refer to or rely on the document in any hearing or in
any other filed document unless it has been filed.(5) If under subrule (4) a party is given leave, the party
must file the document as soon as practicable after the
leave is given.(6) The Principal Registrar may refuse to file a document
that is presented for filing if it is not a complying document or has been presented in contravention of
this Order or a direction given under rule 3(4).3. Documents must be filed using EDS
(1) To present a complying document to the Court for
filing, a person must present it electronically using the
EDS and in accordance with rule 4 unless -
(a) the ED S has been declared unavailable for use
under Order 67 rule 19, is otherwise
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unavailable for use or does not permit the
document to be presented; or
(b)
these rules state that the document cannot be filed electronically; or
(c)
the document is filed for the purposes of proceedings or matters referred to in Order 1 rule 3(2) or (3); or
(d)
the document is filed for the purposes of Order 75A or 81H; or
(e)
the document is filed for the purposes of a CA matter, as defined in the Supreme Court (Court ofAppeal) Rules 2005 rule 3(1); or
(f)
the document is filed for the purposes of an application under the Terrorism (Extraordinary Powers) Act 2005 or the Terrorism (Preventative Detention) Act 2006; or
(g)
the document is filed for the purposes of an urgent application made outside office hours; or
(h)
the document is filed by a person given permission under subrule (3) to file it otherwise than in accordance with this rule; or
(1) the document is in a class of documents
declared in the Practice Directions to be exemptfrom the requirement to be filed using the EDS; or (j) the document is filed by a person in a class of persons declared in the Practice Directions to be exempt from the requirement to file using the EDS.
(2) If under subrule (1) a person cannot present a
document electronically using the EDS, the person may
present it to the Court -
(a) subject to rule 4, by emailing it; or
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(b) subject to rule 5, by delivering it; or (c) subject to rule 6, by posting it; or (d) subject to rule 7, by faxing it.
(3) The Principal Registrar, for any good reason and
without a formal application or request, may permit a
person to present a document otherwise than in
accordance with subrule (1).(4) When giving permission under subrule (3), the
Principal Registrar may give directions as to the
manner in which the document is to be presented,
including as to whether the document is to be presented
to the Court -
(a) by emailing it; or (b) by delivering it; or (c) by posting it; or (d) by faxing it.
4. Documents presented for filing using EDS or email
(1) This rule applies to documents being presented to the
Court for filing using the EDS or email.(2) A person must not email a document to the Court for
filing unless -
(a)
these rules say it cannot be filed electronically; or
(b)
the Principal Registrar has permitted the person to email it.
(3) If under subrule (2) a person can email a document to
the Court, the person must ensure -
(a) the document is emailed to the email address of
the Court specified by the Practice Directions;
and
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(b) the email by which the document is sent to the
Court includes the following -(i) the name of the person sending the document;
(ii) the title and number of the proceeding to which the document relates;
(iii) a description of the document;
(iv) an explanation of the basis on which subrule (2) applies to the document.
(4) Subrule (5) applies to these documents -
(a) an affidavit; (b) a consent to the Court doing anything; (c) a document signed by a person who is not a party to the proceedings.
A document to which this subrule applies must not be presented for filing using the EDS or email unless it is signed and is presented in a .pdf electronic format.
Subrule (7) applies to any document that is not listed in subrule (4) and that, under these rules, must be signed before it is filed.
If a document to which this subrule applies is to be
presented for filing - (a) it must be signed before it is presented; and (b)
a copy of it, in .docx electronic format, that states the name of the person who is required to sign it instead of showing the person's signature, at any place in it where the signature is required, must be presented instead of the signed copy; and
(c)
the electronic copy must be presented using the EDS or, subject to subrule (2), email; and
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(d) the person filing it must retain the signed copy
and produce it if required to do so by the Court.
(8) A person who files a document by email must -
(a) indorse the first page of the original document
with -(i) a statement that the document is the original of a document sent by email; and
(ii) the date and time the document was sent by email;
and
(b) keep the indorsed original document; and (c) if required to do so by the Court, produce the
indorsed original document to the Court.
(9)
Subject to subrules (4) to (7), all documents presented to the Court for filing using the EDS or email must be in an electronic format specified by the Practice
Directions.
(10) A document filed electronically is taken to have been
filed on the day and at the time recorded by the EDS.
(11) A document filed by email is taken to have been filed (12) Subrule (10) does not apply to a document that is
recorded in the EDS under rule 8(1) as if it had been
filed electronically.on the day and at the time when the Court receives the email. (13) If—
(a) these rules require 2 or more copies of a
document to be filed; and
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the document is filed electronically or by email,
the requirement in paragraph (a) is taken to have been
complied with.
(b)
(14) A document that is presented for filing using the EDS
or email but not in accordance with the requirements of
the EDS and this rule is taken not to have been filed.(15) The Court may at any time, on the application of a
party or on its own initiative, order a person who has
presented a document for filing using the EDS or
email -
(a) to have the original paper copy of it with the person at any conference or hearing in the course of the case concerned; (b) to file the original paper copy of it by a means specified in the order.
5. Delivering documents for filing
A person must not deliver a document to the Court for filing unless -
(a)
these rules say it cannot be filed electronically; or
(b) the Principal Registrar has permitted the person to deliver it.
6. Posting documents for filing
(1) A person must not post a document to the Court for
filing unless -
(a)
these rules say it cannot be filed electronically; or
(b)
the Principal Registrar has permitted the person to post it.
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(2)
If under subrule (1) a person can post a document to the Court, the person must comply with subrules (3) and (4).
(3) A document sent by post to the Court must have a
cover page stating the following -
(a) the name of the person sending the document; (b)
the title and number of the proceeding to which the document relates;
(c) a description of the document; (d)
an explanation of the basis on which subrule (1) applies to the document.
(4) The document must be posted -
(a) in an A4 or larger envelope; and (b) to the postal address of the Court specified in the Practice Directions. 7. Faxing documents for filing
(1) A person must not fax a document to the Court for
filing unless the Principal Registrar has permitted the
person to fax it.(2)
If under subrule (1) a person can fax a document to the Court, the person must comply with subrules (3) to (8).
(3) The person must use the fax number of the Court
specified in the Practice Directions.(4) A document that, with any attachments and a cover
page, has more than 20 pages, must not be filed by fax
and any such document received by the Court is to be
taken not to have been filed.
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(5) A document sent by fax to the Court must have a cover
page stating -
(a)
the name, postal address, document exchange number (if any), telephone number and fax number of the person sending the document; and
(b)
the number of pages (including the cover page) being sent by fax.
(6) A person who files a document by fax must -
(a) indorse the first page of the original document
with -(i) a statement that the document is the original of a document sent by fax; and
(ii) the date and time the document was sent by fax;
and
(b) keep the indorsed original document and the
fax machine's report evidencing the successful
transmission of the document; and(c)
if directed to do so by the Court, produce the items in paragraph (b) to the Court.
(7) A document filed by fax is to be taken to have been
filed on the day and at the time when the Court receives the fax. (8) The Court may at any time, on the application of a
party or on its own initiative, order a person who has
faxed a document to the Court -
(a)
to have the original paper copy of it with the person at any conference or hearing in the course of the case concerned;
(b)
to file the original paper copy of it by a means specified in the order.
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8. How filed paper documents are to be dealt with
(1) If—
(a)
a paper copy of a document is filed in accordance with these rules; and
(b) an electronic copy of it is not filed,
the Principal Registrar may convert the document to an
electronic format and record it in the EDS as if it hadbeen filed electronically.
(2) Subrules (3) to (6) apply to a paper version of a
document filed in the Court if the document is recorded
in the EDS under subrule (1) as if it had been filed
electronically.(3) If a document is recorded in the EDS under subrule (1)
as if it had been filed electronically, the paper version
of the document must be retained by the Court -
(a) for 90 days from the day it was filed; and (b)
until it is collected or the period referred to in subrule (4) expires, whichever occurs first.
(4) The person who filed the paper version of the
document may collect it from the Court within 30 days
after the period referred to in subrule (3)(a) expires.(5) If the paper version of the document is not collected
within the period referred to in subrule (4), a registrar
may cause the document to be destroyed.(6) If the paper version of the document is collected within
the period referred to in subrule (4), the person who
filed it must, unless a registrar approves the destruction
of the document -
(a) keep the document; and (b)
if directed to do so by the Court, produce the document to the Court.
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Division 3 - Documents containing sensitive
information
9. Terms used
In this Division -
legislation means -
(a) a written law; or (b) legislation of another Australian jurisdiction;
restricted document means a document the existence
and the whole of the contents of which must not be
known or accessible to anyone other than the person
filing it and a judge, master or registrar;
restricted information means information access towhich is restricted by -
(a) legislation; or (b) an order made by a court in Australia.
10. Person to advise Court if filing sensitive document
(1) A person presenting a document to the Court for filing
must advise the Court -
(a) if access to all or a part of the information in
the document is restricted because -
(i) the information is restricted
information; or(ii) the person is applying under Order 67B rule 5 for an order restricting access to the information; or
(b) if the document is a restricted document; or (c)
if the existence and content of the document must not be made accessible or known to the
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judge or master who is or will be trying the
case in respect of which the document is filed.If a person presents a document to the Court for filing electronically, 2 or more of paragraphs (a), (b) and (c) in subrule (1) cannot apply to the document.
A person wanting to advise the Court under subrule (1) must -
(a) if the person is presenting the document for
filing electronically, record the advice on the
EDS and—
(i) if subrule (l)(a)(i) applies to with rule 11;
(ii) if subrule (l)(a)(ii) applies to with rule 12;
(iii) if subrule (1)(b) applies to the document, comply with rule 13;
(iv) if subrule (1)(c) applies to the document, comply with rule 14;
(b) otherwise comply with - (i) rule 11 if subrule (1)(a)(i) applies to
information in the document; (ii) rule 12 if subrule (1)(a)(ii) applies to information in the document;
(iii) rule 13 if subrule (1)(b) applies to the document;
(iv) rule 14 if subrule (1)(c) applies to the document.
(4)
A person who has presented a document to the Court for filing may subsequently advise the Court that 1 of paragraphs (a), (b) and (c) in subrule (1) applies to a
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document by asking the Principal Registrar to act under
subrule (6).
(5) If under this rule the Court has been advised that 1 of
paragraphs (a), (b) or (c) in subrule (1) applies to a
document, it is to be presumed that the paragraph does
apply to it until -
(a)
its classification is changed or cancelled under subrule (6); or
(b)
if an order made under Order 67B rule 5(3) applies to it, the order is cancelled.
(6)
If satisfied there is good reason to do so, the Principal Registrar, by amending information on the EDS or by taking other reasonable steps, may -
(a) classify a filed document as being a document to which 1 of paragraphs (a), (b) and (c) in subrule (1) applies; (b) if a filed document is already such a document - (i) change its classification; or
(ii) cancel its classification as a document to which any of paragraphs (a), (b) and (c) in subrule (1) applies.
(7) The Principal Registrar must not act under subrule (6)
unless the Principal Registrar has given the person who
filed the document, and any person served with the
document, an opportunity to object to the action.(8) Before acting under subrule (6), the Principal Registrar
may give the person who filed the document any
directions reasonably necessary to enable the Principal
Registrar to properly classify the document, including
directions that require the person to serve the document
on 1 or more other persons.
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11. Documents containing restricted information
(1) This rule applies if under rule 10(1) a person advises
the Court that a document presented for filing contains
restricted information.(2)
If the document was filed electronically, by email or by fax, the person who filed it must, within 24 hours after filing it, do the following -
(a) file a memorandum that does the following -
(i) Attention: [Identify the document]
contains information to which access is
restricted by [the short title and
provision of applicable legislation orstates - order].;
(ii) identifies the legislation, or Court order, that restricts access to the information;
(iii) identifies the restricted information in the document;
(iv) identifies the person, or class of persons, who can have access to the information lawfully;
(v) identifies the person, or class of persons, whose access to the information is
restricted;(vi) states the conditions, if any, that the Court should impose if it were to give access to the information to any such person;
(vii) states whether the information will so, when it will cease to be restricted information;
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(b)
if a court order restricts access to the information, file a copy of the order.
(3) If the document was filed by delivering it, the person
who filed it must do the following -
(a) ensure the document has a cover sheet that
includes this statement -
Attention: This document contains information
to which access is restricted by [the short title
and provision of applicable legislation or the
details of the applicable court order].;(b) within I day after filing it, file a memorandum
that does the following -(i) identifies the legislation, or court order, that restricts access to the information;
(ii) identifies the restricted information in the document;
(iii) identifies the person, or class of persons, who can have access to the information lawfully;
(iv) identifies the person, or class of persons, whose access to the information is restricted;
(v) states the conditions, if any, that the Court should impose if it were to give access to the information to any such
person;
(c) if a court order restricts access to the
information in the document, file a copy of the
order within 1 day after filing the document.
(4) If the person who filed the document does not comply
with subrule (2) or (3), as the case requires, the
Principal Registrar may exercise the powers in
rule 10(6).
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(5) If a judge, master or registrar is not satisfied the
document contains restricted information, the judge,
master or registrar -
(a)
must notify the person who filed the document accordingly; and
(b)
may direct the Principal Registrar to exercise the powers in rule 10(6).
12. Documents containing information to which access
should be restricted
(1) This rule applies if under rule 10(1) a person advises
the Court that the person is applying under Order 67B
rule 5 for an order restricting access to information in a
document presented for filing.(2)
If the document was filed electronically, the person who filed it must, within 24 hours after filing it, file electronically an application that complies with
Order 67B rule 5(2) and that applies for an order made under Order 67B rule 5(3).
(3) If the document was not filed electronically, the person
who filed it must do the following -
(a)
ensure the document has a cover sheet that includes this statement -
Attention: This document contains information made under the Rules of the Supreme
that is the subject of an application for an order access to it.; (b)
that complies with Order 67B rule 5(2) and that
within 1 day after filing it, file an application rule 5(3).
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(4) If the person who filed the document does not comply
with subrule (2) or (3), as the case requires, the
Principal Registrar may exercise the powers in
rule 10(6).13. Restricted documents
(1) This rule applies if under rule 10(1) a person advises
the Court that a document presented for filing is a
restricted document.(2) If the document was filed electronically, the person
who filed it must, within 24 hours after filing it, do the
following -
(a) file electronically a memorandum that does the
following -
(i) states - document the existence and the whole of the contents of which must not be known or accessible to anyone other than the person filing it and a judge or master.;
(ii) explains why the document is a restricted document;
(iii) if the document is a restricted document by virtue of legislation, or a court order, identify the legislation or order; (iv) states the conditions, if any, that the Court should impose if it were to give access to the document to anyone other than the person filing it and a judge or master; (v) states whether the document will cease to be a restricted document and, if so,
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when it will cease to be a restricted
document;
(b) if the document is a restricted document by virtue of a court order, file electronically a copy of the order; (c) if the document is a not a restricted document by virtue of legislation or a court order - file electronically an application that complies with Order 67B rule 5(2) and that applies for an order made under Order 67B rule 5(3).
(3) If the document was not filed electronically, the person
who filed it must do the following -
(a) includes this statement -
ensure the document has a cover sheet that document the existence and the whole of the contents of which must not be known or accessible to anyone other than the person filing it and a judge or master.;
(b)
that complies with Order 67B rule 5(2) and that
within 1 day after filing it, file an application rule 5(3).
(4) If the person who filed the document does not comply
with subrule (2) or (3), as the case requires, the
Principal Registrar may exercise the powers in
rule 10(6).(5) If a judge or master is not satisfied the document is a
restricted document, the judge or master -
(a)
must notify the person who filed the document accordingly; and
(b)
may direct the Principal Registrar to exercise the powers in rule 10(6).
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14. Documents that are not to be accessible to judiciary
(1) This rule applies if under rule 10(1) a person advises
the Court that the existence and content of a document
presented for filing must not be made accessible or
known to the judge or master who is or will be trying
the case in respect of which the document is filed.(2)
If the document was filed electronically, the person who filed it must, within 24 hours after filing it, file electronically a memorandum that does the
following -
(a) states - document the existence and content of which must not be made accessible or known to the judge or master who is or will be trying the case in respect of which it is filed.;
(b) explains why the document is such a document; (c)
states whether the document will cease to be such a document and, if so, when it will cease to be such a document.
(3) If the document was not filed electronically, the person
who filed it must do the following -
(a) ensure the document has a cover sheet that includes this statement - document the existence and content of which must not be made accessible or known to the judge or master who is or will be trying the case in respect of which it is filed.;
(b)
within 1 day after filing it, file a memorandum that does the following -
(1) explains why the document is such a
document;
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(ii) states whether the document will cease to be such a document and, if so, when it will cease to be such a document.
(4) If the person who filed the document does not comply
with subrule (2) or (3), as the case requires, the
Principal Registrar may exercise the powers in
rule 10(6).
Division 4— Miscellaneous matters
15. Principal Registrar may delegate
(1) The Principal Registrar, in writing, may delegate all or
any of the Principal Registrar's functions under this
Order to 1 or more other officers of the Court.(2)
For the purposes of these rules, a decision made by a delegate of the Principal Registrar under this Order is taken to be a decision made by the Principal Registrar.
16. Principal Registrar may refer matters to judge or
masterThe Principal Registrar may refer a question that arises under this Order in respect of a document to a judge or master.
17. Appeals from decisions made under this Order
(1) A person who is dissatisfied by a decision made under
this Order by the Principal Registrar may ask the
Principal Registrar for the decision to be made afresh
by a judge or master.(2) If the Principal Registrar receives a request made under
subrule (1), the Principal Registrar must refer the
matter concerned to a judge or master.
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Order 6713 - Access to information and things
held by the Court
Division 1 - Preliminary matters
1. Terms used
(1) In this Order -
hearing means any hearing, including a trial, held by
the Court in a proceeding;
legislation means -
(a) a written law; or (b) legislation of another Australian jurisdiction;
media manager means the person who, on behalf of
the Court, manages its relations with media
organisations;
media organisation means an organisation the
principal purpose of which is to, and which itself does,
disseminate news or information directly to the public
by means of printed paper, radio, television or the
internet;
media representative means a person who is employedby a media organisation;
probate application means an application for a grant, as defined in the Non-contentious Probate Rules 1967
rule 2;
proceeding means -
(a)
any case, or appeal, in the civil jurisdiction of the General Division; and
(b)
any civil appeal, as defined in the Supreme Court (Court ofAppeal) Rules 2005 rule 3(1); and
(c) any proceeding on a probate application;
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record means any thing or process -
(a)
upon or by which information is recorded or stored; or
(b)
by means of which a meaning can be conveyed by any means in a visible or recoverable form,
whether or not the use or assistance of some electronic,
electrical, mechanical, chemical or other device or
process is required to recover or convey the
information or meaning;
transcript means a transcript of an audio oraudio-visual recording of a hearing in the Court.
(2) In this Order, a reference to information or to a record
or thing includes a reference to a part of it.2. Application of this Order
(1) This Order applies to information, records and other
things held by the Court in respect of proceedings,
whether or not due to a Court order.(2) This Order, other than Division 7, applies -
(a)
to any person, other than a party to a proceeding, who wants access to information or a record or other thing held by the Court in
respect of a proceeding commenced on or after lMarch 2018; and (b) to information or a record or other thing held by
to any party to a proceeding who wants access matter when it was commenced.
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(3) Despite subrules (1) and (2), this Order does not apply
to these -
(a) a record or other thing - (i) that is held by the Court as a result of a subpoena it issued in a proceeding; and
(ii) that has not been formally admitted into evidence as an exhibit, or marked for identification, in the proceeding;
(b) information, records or other things that the
Court has ceased to hold in respect of
proceedings;(c) a record that - (i) is created by or sent to the Court in respect of a proceeding for administrative purposes; and
(ii) is not a filed document; and
(iii) is not part of an index or other record of all cases in the Court.
3. Access to information and things under other legislation
This Order does not affect any entitlement a person has under any other legislation to be given access to
information or a record or thing. 4. Order does not limit Court's general pow er to release information
This Order does not prevent the Court from releasing, on its own initiative, any information, record or other thing to any person, on any terms and conditions and in
any manner, it thinks fit.
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Division 2 - Orders restricting access
5. Court's powers to restrict access
(1) The Court may make an order under this rule -
(a) on its own initiative; or (b) on the application of any person.
(2) An application for an order made under subrule (3)
must do the following -
(a) state the grounds for the application; (b)
identify the information, record or thing to which the order should apply;
(c)
state the person, or class of persons, whose access to the information, record or thing should be restricted by the order;
(d)
state any conditions that should apply if the Court were to give access to the information, record or thing;
(e)
state the period for which the order should apply.
(3) The Court may make an order that restricts access to
information or a record or other thing if it considers -
(a) that the information, record or thing is the
subject of a pending claim that it is privileged
or confidential; or
(b)
that the information, record or thing is privileged or confidential; or
(c)
that in the interests of justice, access to the information, record or thing should be restricted.
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(4)
An order made under subrule (3) must include the reasons for it and sufficient information to identify clearly -
(a) the information, record or thing to which the order applies; and (b) the person, or class of persons, whose access to the information, record or thing is restricted by the order; and (c) any conditions that will apply if access to the information, record or thing were to be given by the Court; and (d)
the period during which the order applies.
The Court may at any time, by order, amend or cancel
an order made under subrule (3).
(5)
(6)
If an application is made for an order made under subrule (3) in respect of information or a record or other thing, access to the information, record or thing is
taken to be unavailable to all but the Court and the
applicant until the application is decided.
Division 3 - Entitlements to access 6. Entitlements of every person
(1) For the purposes of this rule, a person's access to
information or a document is restricted if the person's
access to it is restricted by -
(a) legislation; or (b) an order made by a court in Australia.
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(2) Unless the person's access to the information is
restricted, any person is entitled to have access to the
information listed in the Table held by the Court.Table
A. General Division (general jurisdiction) and Court of Appeal information 1. Whether a named person is or is not a party to a proceeding.
2. Whether a named person is or is not a witness in a proceeding.
3. Whether an identified record or thing that relates to a proceeding is or is not held by the Court.
4. In respect of an identified proceeding - (a) the name of each party to it;
(b) the name of the representative (if any) of each party to it; (c) the date on which it was commenced;
(d) the matter reference number assigned to it by the Court; (e) the title of any filed document held in relation to it;
(0 (g) the date, time and nature of any hearing in it; the date on which a filed document was filed;
(h) the current status of it.
B. General Division (non-contentious probate jurisdiction) information 1.
Whether a named person has made a probate application.
2.
Whether an identified record or thing that relates to a probate application is or is not held by the Court.
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3. In respect of an identified probate application -
(a) the name of the applicant;
(b) the name of the representative (if any) of the applicant; (c) the date on which it was made;
(d)
the matter reference number assigned to it by the Court;
(e)
the title of any filed document held in relation to it;
(f) the date on which a filed document was filed; (g) the date, time and nature of any hearing in it;
(h) the current status of it.
(3) Unless the person's access to the document is
restricted, any person is entitled to have access to any
of the filed documents, listed in the Table, that
commenced a proceeding.Table
A. General Division (general jurisdiction)
documents1. A writ indorsed under Order 6 rule 1 or indorsed with a statement of claim.
2. An originating summons or motion, or other document, that commenced a proceeding under any of these Acts -
(a) the Corporations Act 2001 (Commonwealth); (b) the Family Provision Act 1972; (c) the Transfer of Land Act 1893; (d) the Trustees Act 1962.
3. An appeal notice.
B. Court of Appeal document
1. An appeal notice.
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C. General Division (non-contentious probate
jurisdiction) documents
1. The originating motion that applies for a grant (as
defined in the Non-contentious Probate Rules 1967
rule 2).
(4) Unless the person's access to the document is
restricted, any person is entitled to have access to -
(a)
any of the documents listed in Part A of the Table held by the Court in respect of a proceeding that was commenced by means of a document listed in Part A of the Table to subrule (3);
(b)
any of the documents listed in Part B of the Table held by the Court in respect of a proceeding that was commenced by means of a document listed in Part B of the Table to subrule (3);
(c)
any of the documents listed in Part C of the Table held by the Court in respect of a proceeding that was commenced by means of a document listed in Part C of the Table to subrule (3).
Table
A. General Division (general jurisdiction)
documents1. A memorandum of appearance.
2. A notice of change of solicitor.
3. A notice of intention to act in person.
4. A notice of ceasing to act.
5. A notice of discontinuance.
6. A list of exhibits.
7. A list of things tendered to the Court in a hearing in the proceeding but not admitted into evidence.
8. A judgment of the Court and the reasons for it.
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9. An order of the Court.
10. A transcript.
11.A notice of respondent's intention filed under Order 65.
12. A discontinuance notice filed under Order 65.
B. Court of Appeal documents1. A notice of a respondent's intention.
2. A notice of a respondent's cross appeal.
3. A discontinuance notice.
4. A list of exhibits referred to in the Court of Appeal.
5. A judgment of the Court of Appeal and the reasons for it.
6. An order made by the Court of Appeal.
C. General Division (non-contentious probate
jurisdiction) documents1. The grant (as defined in the Non-contentious Probate Rules 1967 rule 2) with, if applicable, the will attached.
2. Any order dismissing the originating motion.
(5) Despite subrules (2) to (4), a person using the website
called the eCourts Portal of Western Australia is
entitled to have access to any information or record to
which the website, if used lawfully, allows the user to
have access.(6) Despite subrules (2) to (4), an authorised user of the EDS is entitled to have access to any information or record to which the system, if used lawfully, allows the user to have access. 7. Entitlements of parties
(1) For the purposes of this rule, a party's access to
information or a record or other thing is restricted if the
party's access to it is restricted by -
(a) legislation; or
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(b) an order made by a court in Australia.
(2)
Unless the party's access to the information, record or thing is restricted, a party to a proceeding is entitled to have access to any of the following held by the Court
in respect of the proceeding -
(a) a filed document; (b) a list of exhibits; (c) an exhibit; (d)
a list of things tendered to the Court in a hearing in the proceeding but not admitted into evidence;
(e)
any thing on the list referred to in paragraph (d);
(0 a transcript.
Division 4 - Access with the Court's permission
8. Access with the Court's permission
A person who, for any reason, is not entitled to have access to information or a record or other thing under Division 3 may have access to it only -
(a) with the permission of the Court given under under rule 11; or rule 9 on an application made to the Court (b) with the permission of the media manager given under rule 10 on an application made to the media manager under rule 11.
9. When Court can give permission
(1) This rule applies if an application for permission is
made in writing to the Court under rule 11.(2) This rule must be read with rule 13.
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(3) The Court must give permission if satisfied - (a) the application -
(1) relates to information or a record or
other thing that was considered by the
Court in the proceeding to which the
application relates; or(ii) relates to the transcript of the whole or a part of a hearing in that proceeding that the applicant was entitled to attend;
and
(b)
the application does not relate to an audio or audio-visual recording of a hearing in that proceeding; and
(c)
if the application relates to information or a record or other thing that was considered by the Court in that proceeding but was not admitted into evidence or was struck Out - that giving permission would not prejudice or adversely affect any person; and
(d) that giving permission would not breach -
(1) any legislation; or (ii) an order made by a court in Australia:
and (e) the arrangements necessary to give the applicant access would not -
(1) be unreasonably expensive or time
consuming for the Court or a party; or(ii) unduly impede the efficient conduct of
the proceeding;
and
(0 there is no other good reason to refuse the
application.
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(4) If the application does not relate to information or a
record or other thing referred to in subrule (3)(a) or to a
recording referred to in subrule (3)(b), the Court may
give permission if satisfied -
(a) as to the matters in subrule (3)(d) to (f); and (b) there is a good reason to do so.
(5)
If under subrule (3)(a)(ii) the Court is not satisfied the applicant was entitled to attend the hearing, the Court may nevertheless give permission if satisfied -
as to the other matters in subrule (3); and
If the application relates to a recording referred to in
subrule (3)(b) then -(b) there is a good reason to do so. (a)
(6)
(a) if the recording has been broadcast on the Court's website, the Court may give permission if satisfied there is no good reason to refuse the application; or (b) if the recording has not been broadcast on the Court's website, the Court may give permission only if satisfied - (i) as to the matters in subrule (3)(d) to (0; and
(ii) there is an exceptional reason to do so. 10. When media manager can give permission
(1) This rule applies if—
(a)
a media representative makes an oral application for permission under rule 11 to the media manager; or
(b)
a media representative makes a written application for permission under rule 11 to the
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Court that the Court refers to the media manager to deal with.
(2) This rule must be read with rule 13. (3) The media manager must give permission if
satisfied -
(a) the applicant is a media representative; and (b)
the Court has already given another media representative permission to have access to the information, record or other thing to which the applicant wants access; and
(c)
neither the other media representative nor the other media representative's employer is a party to the proceeding in respect of which that information, record or other thing is held by the Court; and
(d)
neither the applicant nor the applicant's employer is a party to that proceeding.
(4) If the media manager gives permission under subrule (3), it must be on the same terms and conditions (if any) as those on which the Court gave permission to the other media representative.
Division 5 - Applications for access 11. Applying for access
(1) A person using the Court's website -
(a)
may have access to any information or record to which the website, if used lawfully, allows the user to have access; and
(b)
need not apply under this rule for access to the information or record.
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(2) A person who is an authorised user of the EDS -
(a) may have access to any information or record related to proceedings to which that system, if used lawfully, allows the person to have access; and
(b)
need not apply under this rule for access to the information or record.
(3) A person who, under Division 3 or 4, wants access to
information or a record or other thing must apply under
this rule.(4) The application is taken to be an interlocutory
application in the proceeding in respect of which the
information, record or other thing is held by the Court,
whether or not the applicant is a party to that
proceeding.(5) Despite subrule (4), Order 4A rule 4A does not apply
to the application.(6) Despite Order 59 rules 1(1) and 3, the application may
be made by letter to the Principal Registrar.(7) If an application is made under subrule (6), the
Principal Registrar may require the applicant to file a
motion or summons in accordance with Order 59
rule 3(1)(b). (8) A person may apply orally to the Court for access to
information or a record or thing if—
(a)
the person is entitled under Division 3 to have access to the information, record or other thing; and
(b) no fee is payable in respect of the application.
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(9) A media representative may apply orally to the media
manager for access to information if the media
representative -
(a) is entitled under rule 6 to have access to the information; and (b) gives the media manager the case number of the proceeding in respect of which the information is held by the Court.
(10) Every written application must be accompanied by the prescribed fee (if any).
(II) Every application must -
(a) describe clearly -
(1) the information, record or other thing to
which access is wanted; and(ii) the proceeding in respect of which the
information, record or other thing is
held by the Court;
and
(b)
if the applicant is a media representative, must state -
(I) that fact; and (ii) whether the applicant or the applicant's
employer is a party to the proceeding in respect of which the information, record
or other thing is held by the Court;and
(c) if it is for access to information or a record, state the format (such as paper or digital) in which the applicant, if allowed access, would prefer to be given the information or record.
(12) Every application for permission to have access must state the reasons why access is wanted.
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(13) The applicant need not serve the application on, or give
notice of it to, any person unless the Court orders
otherwise under rule 12.
12. Court's powers as to applications for permission
(1) This rule applies if a written application is made to the
Court under rule 11 for permission to have access.(2) The Court -
(a)
may order the applicant to provide additional information in the form of an affidavit;
(b)
may order the applicant to serve on a person specified in the order -
(i) the application; and
a notice giving the person an
opportunity to give the Court
submissions about the application;
(c)
may request any person to give it submissions about the application;
(d)
may decide the application on the basis of the documents filed without requiring the applicant to attend a hearing.
(3) The Court is not required to determine an application until after the applicant complies with an order made under subrule (2). 13. How applications are determined
(1) This rule applies to every application made under
rule 11.(2) The Court or the media manager, as the case may be,
may grant the application -
(a) in whole or in part; and (b) with or without conditions.
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(3)
If the Court or the media manager, as the case may be, is satisfied the applicant is entitled under Division 3 to have the access wanted, the Court or media manager
must grant the application. (4) If the Court is satisfied the applicant needs permission
to have the access wanted, it must determine the
application in accordance with rule 9.(5) If the media manager is satisfied the applicant needs
permission to have the access wanted, the media
manager must determine the application in accordance
with rule 10.(6) If the media manager refuses a written application -
(a)
the media manager may refer it to the Court to determine afresh; and
(b)
the refusal does not affect the applicant's right to apply to the Court for access.
Division 6 - How access is given
14. How and when the Court gives access
(1)
For the purposes of this rule, an applicant is allowed access to information or a record or other thing if, on
an application made under Division 5 -
(a)
it is determined the applicant is entitled to have access to the information, record or other thing; or
(b)
the applicant is given permission to have access to the information, record or other thing.
(2)
If an applicant is allowed access to information, the Court may give the applicant the information either orally or in writing.
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(3) If an applicant is allowed access to a record, the Court
must give the applicant -
(a)
a reasonable opportunity to view or listen to it or both and, if necessary, the means by which to do so; and
(b)
a copy of it in, if practicable, the format preferred by the applicant.
(4)
If an applicant is allowed access to a thing that is not a record, the Court must give the applicant a reasonable opportunity -
(a) to inspect it; and (b) to record an image of it.
(5) Any physical access given under this rule must be
given during office hours at the Central Office.(6) This rule does not prevent the Court from giving access
to information or a record by electronic means.Division 7 -Access by non-parties to documents in
cases commenced before 1 March 2018
15. Application of this Division
This Division applies to a person, other than a party to
a proceeding, who wants access to information or a record or other thing held by the Court in respect of a
proceeding commenced before 1 March 2018.16. Documents that can be inspected or copied
(1) Any person referred to in rule 15 is, on payment of the
prescribed fee, entitled during office hours to inspect
and be given a copy of any of these filed documents -
(a) any writ, and the statement of claim (if any)
indorsed on the writ under Order 6 rule 3;
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(b)
any originating application made under the Corporations Act 2001 (Commonwealth);
(c)
any appeal notice filed under the Supreme Court (Court ofAppeal) Rules 2005;
(d) any judgment or order given or made in court; (e)
with the leave of the Court or a registrar, any other document.
(2) An application for leave made under subrule (1)(e)
need not be served on any person.(3) 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.
Division 8 - Miscellaneous matters
17. Registrars' decisions may be dealt with by judge or
master
(1) In this rule —
access application means an application made under
rule 11.(2) A person dissatisfied by a decision made under this
the registrar for the access application to be dealt with Order by a registrar on an access application may ask in a new hearing by ajudge or master. (3) If a registrar receives a request made under subrule (1), the registrar must refer the matter concerned to a judge or master.
41. Order 69 amended
(1) In Order 69 rule 1(2) delete "facsimile".
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(2) In Order 69 rule 1(3) delete "facsimile" and insert: copy (3) Before Order 69 rule 2(1) insert: (1A) For the purposes of documents filed electronically, this rule applies with any necessary changes.
(4) Delete Order 69 rule 2(3). (5) Delete Order 69 rule 2(5) and insert:
(5) The Court may require -
(a)
any document required for use in the Court to be printed or otherwise produced in any particular manner that it thinks fit; or
(b)
1 or more paper versions of any document that has been filed electronically to be delivered to the Central Office.
(6) Delete Order 69 rule 3.
(7) In Order 69 rule 5(2) delete "original or of an office copy, as the
case may be." and insert:original.
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42. Order 71A amended
(1) In Order 71A rule 3(2):
(a)
in paragraph (d) delete "practitioner; and" and insert: practitioner.
(b) delete paragraph (e).
(2) In Order 71A rule 3(5) and (6):
(a) delete "registered by the Court's website as a person authorised to file documents electronically," and insert: an authorised user of the EDS,
(b) delete "the website." and insert: the EDS.
(3) In Order 71A rule 5(2)(a) delete "in the Central Office". 43. Order 72 amended
(1) In Order 72 rule 2(b) delete "an office" and insert:
a true (2) In Order 72 rule 6(1):
(a) in paragraph (b) delete "registered by the Court's website as a person authorised to file documents electronically -" and insert: an authorised user of the ED -
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(b) in paragraph (b)(ii) delete "website" and insert: EDS
(3) In Order 72 rule 6A:
(a) delete "Order 67 rule 20(3) and (4)," and insert: Order 67A rule 4(4) to (7),
(b) delete "electronically." and insert: by email.
44. Order 73 amended
(1) Delete Order 73 rule 2(1) and insert:
(1) A probate action must be begun by writ. (2) In Order 73 rule 2(2) delete "lodged in the Court." and insert:
filed. (3) In Order 73 rule 7:
(a) after "An" insert:
entry of
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(b) delete "entered in the Central Office" and insert: filed
(4) After Order 73 rule 8 insert: 8A. Applications to include draft citation An application under rule 5 or 8 must include a draft citation.
(5) In Order 73 rule 9(1) delete "be issued Out of the Central Office
but shall".(6) In Order 73 rule 12(1) delete "facsimile". (7) In Order 73 rule 20(3) delete "in the Registry".
45. Order 75 amended
After Order 75 rule 9 insert:10. Certain documents cannot be filed
A document that is required to be lodged under
rule 3(1) or 8(1) cannot be filed, whether electronically or otherwise.
46. Order 75A amended
(1) In Order 75A rule 2(2) delete "in the Central Office".
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(2) After Order 75A rule 2(2) insert: (2A) The application cannot be filed electronically.
47. Order 80A amended
Delete Order 80A rule 2(3).
48. Order 81F amended
After Order 81F rule 2(3) insert:
(3A) An application that initiates proceedings in the Court cannot be filed electronically.
49. Order 81G amended
After Order 8 1 G rule 8 insert:
9. Documents cannot be filed electronically
A claim, affidavit or other document to be filed under this Order cannot be filed electronically.
50. Order 81H amended
(1) In Order 8 1 H rule 6(1) delete "Chief Justice" and insert: Court
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(2) After Order 81 H rule 6 insert: 7. Documents cannot be filed electronically
An originating summons, affidavit or other document to be filed under this Order cannot be filed electronically.
51. Schedule 2 amended
(1) In Schedule 2 Form 23:
(a) in paragraph 13 delete "lodge with the Court" and insert: file
(b) in paragraph 16 delete "lodging" and insert: filing
(2) In Schedule 2 Form 23A:
(a) in paragraph 14 delete Iodge with the Court" and insert:
file (b) in paragraph 17 delete "lodging" and insert: filing
(3) In Schedule 2 Form 2313:
(a) in paragraph 14 delete "lodge with the court" and insert: file
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(b) in paragraph 17 delete "lodging" and insert: filing
(4) In Schedule 2 Form 25 delete "filed in the Central Office of the
Supreme Court, and that office" and insert:filed, and that (5) In Schedule 2 Form 83 under the heading "Appeal details" in the
item relating to Notice to the respondent delete "lodge" and
insert:file (6) In Schedule 2 Form 84 in the item relating to Certificate:
(a) delete "lodged" and insert: filed
(b) delete "lodge" and insert:
file
(7) In Schedule 2 Form 93B delete "lodged at the Central office of the
Supreme Court at Perth" and insert:filed
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52. Schedule 3 amended
(1) In Schedule 3 clause 4:
(a) delete "an office" and insert: a
(b) delete "the office" and insert: the
(2) In Schedule 3 clause 7 delete "an office" and insert: a (3) In Schedule 3 clause 8 delete "An office" and insert: A (4) In Schedule 3 clause 16 delete "an office" and insert:
a The I Ion. CHIEF JUSTICE WAYNE MARTIN AC Chief Justice of Western Australia
Supreme Court of Western Australia.
Date 21 February 2018.
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