Supreme Court Amendment Rules 2023 (WA)

468   GOVERNMENT GAZETTE, WA 10 March 2023

JUSTICE

JU301

Supreme Court Act 1935

Supreme Court Amendment Rules 2023

SL 2023/16

Made by the judges of the Supreme Court.

1.   Citation

These rules are the Supreme Court Amendment Rules 2023.

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 day on which the Civil
(a)	before "Order 70 rule 2," insert:
Order 18 rule 12, Order 18A rule 2 and

Procedure (Representative Proceedings) Act 2022

section 35 comes into operation.

3. Rules amended

These rules amend the Rules of the Supreme Court 1971.

4.           Order 4 rule 3 amended

In Order 4 rule 3(1):

10 March 2023 GOVERNMENT GAZETTE, WA 469

(b) delete "he" and insert:

the person

5.           Order 9A rule 1 amended

In Order 9A rule 1 insert in alphabetical order:

case has the meaning given in Order 4A rule 1;

Note: The heading to amended Order 9A rule 1 is to read:

Terms used

6.            Order 9A rule 4 inserted

At the end of Order 9A insert:

4.	Disclosure of agreements relating to litigation funding
(1)	This rule applies if a party to a case represents 1 or more persons who are not parties to the case, or the interests of those persons, in the case.
(2)	The case manager for the case may, at any time, order the party to give the case manager a copy of any agreement relating to funding or other financial assistance an interested non-party provides to the party for the purposes of conducting the case.

7.            Order 18 rule 12 amended

(1)	In Order 18 rule 12(1) delete "rule 13," and insert:
rule 13 or Order 18A,
(2)	In Order 18 rule 12(5):

(a) delete "that" (2 nd occurrence) and insert:

the

(b) delete "him" and insert:

them

(c) delete "his case he" and insert:

their case the person

470 GOVERNMENT GAZETTE, WA 10 March 2023

(3)	After Order 18 rule 12(6) insert:
(7) A person cannot begin or carry on a proceeding under this rule except by a legal practitioner.
Note: The heading to amended Order 18 rule 12 is to read:

Representation of persons with same interest in proceedings

8.            Order 18A inserted

After Order 18 rule 17 insert:

Order 18A - Representative proceedings under the Civil Procedure (Representative Proceedings)

Act 2022

1.            Terms used

In this Order each of the following terms has the
meaning given in the Civil Procedure (Representative
Proceedings) Act 2022 section 3
group member
representative party
representative proceeding

2.            Person must act by legal practitioner

A person cannot commence or carry on a representative proceeding except by a legal practitioner.

3.             Representative Proceedings List; headings to

documents

(1)	This rule applies if the Court administratively establishes a list (the Representative Proceedings List) of proceedings for the purposes of this Order.
(2)	All representative proceedings are on the Representative Proceedings List.
(3)	The heading of every document filed or issued in a representative proceeding must include "Representative Proceedings List" under "In the Supreme Court of Western Australia".

10 March 2023 GOVERNMENT GAZETTE, WA 471

4.            Form of consent to be group member

A person referred to in the Civil Procedure (Representative Proceedings) Act 2022 section 8(2) may give consent to be a group member in a representative proceeding by

(a)	filing a Form 1OA; and
(b)	serving a copy on the representative party for the proceeding.

5.            Form of opt-out notice

For the purposes of the Civil Procedure (Representative Proceedings) Act 2022 section 12(2), a group member may opt out of a representative proceeding by filing a Form lOB.

9.            Order 75A rule 3 amended

In Order 75A rule 3(2) delete the passage that beings with
"may" and ends with "represented,".

10.          Schedule 2 Forms 10A and lOB inserted

After Schedule 2 Form 10 insert:

10A. Consent to be group member in representative
proceeding (0. 18A r. 4)

(Heading as in application commencing the representative proceeding)

CONSENT TO BE GROUP MEMBER

Date of document:
Date of filing:

Filed on behalf of:

Prepared by:  Telephone:
Email:

[Name ofperson], of [address], a person referred to in the Civil Procedure
(Representative Proceedings) Act 2022 section 8(2), consents to being a

group member in this proceeding.

[Signature ofperson
or person 's legal practitioner]

472 GOVERNMENT GAZETTE, WA 10 March 2023

10B. Notice for opting out of representative proceeding

(O. 18A r. 5)

(Heading as in application commencing the representative proceeding)

NOTICE OF GROUP MEMBER OPTING OUT

Date of document:

Date of filing:

Filed on behalf of:

Prepared by:

Telephone:

Email:

[Name of group member], of [address], by this notice opts out of this

proceeding under the Civil Procedure (Representative Proceedings) Act 2022

section 12(2).

[Signature of group member

or group member's legal practitioner]

Date 3 March 2023.

The Hon. Chief Justice Peter Quinlan
Chief Justice of Western Australia

Supreme Court of Western Australia.