Supreme Court Amendment Rules (No. 2) 1997 (WA)

3258	GOVERNMENT GAZETTE, WA	[1 July 1997
JUSTICE
JM3O1
SUPREME COURT ACT 1935

SUPREME COURT AMENDMENT RULES (No. 2) 1997

Made by the Judges of the Supreme Court.

Citation

1.    These rules may be cited as the Supreme Court Amendment Rules

(No. 2) 1997.

Commencement

2.     These rules come into operation on 1 July 1997.

Principal rules

3. In these rules the Rules of the Supreme Court 1971* are referred to as

the principal rules.

{* Reprinted as at 21 November 1994.

For amendments to 14 May 1997 see 1996 Index to Legislation of Western Australia, Table 4, pp. 260-61.1

Second Schedule amended

4.     The Second Schedule to the principal rules is amended by deleting forms

13, 14, 16 and 44.

Fifth Schedule amended

5.     (1) Part I of the Fifth Schedule to the principal rules is amended in

item 1 -

(a) in paragraph (a) -

(i)       by deleting", including filing a draft notice of appeal,"; and

proceedings are commenced;

(ii)     by inserting the following after "1A" -

" 1
,J.

and

(b) by deleting paragraph (b) and the corresponding fee of "265.00"	and substituting the following -
"

(b)	Filing a counterclaim; or
(c)	Issuing a third party notice or a
notice under 0.19, K8 500.00

deleting item 1A and substituting the following items -	(2) Part I of the Fifth Schedule to the principal rules is amended by
"
1A (a) An application to extend a period of time fixed by law including an

application to extend time before

1 July 19971 GOVERNMENT GAZETTE, WA 3259

(b) An application to limit a period

of time within which proceedings

may be taken;

(c) An application for leave to serve

a writ or notice of a writ out of

jurisdiction;

(d) An application to swear to the

death of a person;

(e) An application to remove a local

court appeal into the Full Court;

or

(f)	An application for inclusion in
the Expedited list 200.00

lB	(a)	Application for leave to appeal	200.00
(b)	Application for leave to appeal made to the Full Court after an
application of the kind referred
to in item lB (a) has been made	200.00
(c)	accordance with 0.63A,
Filing a draft notice of appeal in
R.3 (1) (b)	300.00
(d)	Commencing an appeal -

(i)      appeal in respect of which where a draft notice of

a fee has been paid under item lB (c) stands as the notice of appeal Nil
(ii)	in any other case 500.00

(e) Filing a cross-appeal 500.00

S

item 3A by deleting "200.00" and substituting the following -	(3) Part I of the Fifth Schedule to the principal rules is amended in
44	500.00 ". (4) Part I of the Fifth Schedule to the principal rules is amended in
item 4 by deleting "70.00" and substituting the following -
cc	100.00 ".
item 5 -	(5) Part I of the Fifth Schedule to the principal rules is amended in

(a)	following -	in paragraph (a) by deleting "20.00" and substituting the
it 50.00 ";
(b)	in paragraph (b) (ii) by deleting "2.5%" and substituting the following -
it 7.5% ";and
(c)	in the NOTE to the item by deleting "2.5%" and substituting the
following -
" 7.5%

item 6 by deleting "10.00" and substituting the following -	(6) Part I of the Fifth Schedule to the principal rules is amended in
it

20.00 ".

3260 GOVERNMENT GAZETTE, WA [1 July 1997

item 8 — (7) Part I of the Fifth Schedule to the principal rules is amended in

(a)	in paragraph (b) by deleting "70.00" and substituting the	following —
" 200.00 "; and
(b)	in paragraph (c) by deleting "20.00" and substituting the following —
" 50.00 ".

item 9 by deleting "50.00" and substituting the following — (8) Part I of the Fifth Schedule to the principal rules is amended in

" 150.00 ".

item 10 — (9) Part I of the Fifth Schedule to the principal rules is amended in

(a)	by deleting paragraph (a) and the corresponding fee of "5.00"; and
(b)	following — in paragraph (h) by deleting "20.00" and substituting the

" 50.00 ".

Dated 22 May 1997.

DAVID K. MALCOLM, Chief Justice's signature.

G. A. KENNEDY, W. P. PIDGEON,

D. A. IPP,
M. J. MURRAY,

R. J. M. ANDERSON,

N. J. OWEN,

K. WHITE,

GRAEME SCOTT,

C. D. STEYTLER, K. H. PARKER, D. C. HEENAN,

A. J. TEMPLEMAN,
C. WHEELER,

Judges' signatures.