Supreme Court Amendment Rules (No. 2) 2013 (WA)

15 March 2013 GOVERNMENT GAZETTE, WA 1205

JU302*

Supreme Court Act 1935

Supreme Court Amendment Rules (No. 2) 2013

Made by the judges of the Supreme Court.

1.             Citation

These rules are the Supreme Court Amendment Rules
(No. 2) 2013.

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

Commercial Arbitration Act 2012 section 40 comes into operation.

1206 GOVERNMENT GAZETTE, WA 15 March 2013

3.             Rules amended

These rules amend the Rules of the Supreme Court 1971.

4.             Order 4A amended

After Order 4A rule 11(b) insert:

(ca) any case involving proceedings to which
Order 81D applies;

5.             Order 81D replaced

Delete Order 81D and insert:

Order 81D — Arbitration law rules

1.             Terms used

In this Order —

arbitration law means —

(a)	the International Arbitration Act 1974 (Commonwealth);
(b)	the Commercial Arbitration Act 2012;
(c)	subsidiary legislation in force under any of the above laws;

arbitrator means a person who, under whatever title, conducts arbitration proceedings under an arbitration law.

2.             Application of this Order

This Order applies to proceedings that can be or are commenced in the Court under an arbitration law in relation to arbitration provided for by such a law or provided under such a law.

3.             Court documents, headings on

The heading of every document filed in proceedings to
which this Order applies must include the title of the
arbitration law under which the proceedings are being
conducted.

4.             Commencing proceedings

(1)	To commence proceedings to which this Order applies
in the Court, a person must file —

(a) an originating summons; and

15 March 2013 GOVERNMENT GAZETTE, WA 1207

(b) either —

(i)      an affidavit that states the relevant facts and to which is attached any relevant document; or

(ii)      a notice of motion for an order that such an affidavit is not needed.

(2) The documents listed in subrule (1) must be filed
within the time limit set by the relevant arbitration law.

5.             Subpoena to appear etc. before arbitrator

If, under an arbitration law, the Court issues a

subpoena requiring a person —

(a)	to appear before an arbitrator; or
(b)	to produce any thing to an arbitrator; or
(c)	to do both of those,

Order 36B, with any necessary changes, applies to and
in relation to the subpoena.

6.             Taking evidence for arbitrator

If, under an arbitration law, the Court agrees to a
request for assistance in taking evidence, Order 38,
with any necessary changes, applies to and in relation
to executing the request.

7.             Costs of arbitration, assessing

Order 66, with any necessary changes, applies if the Court is required to assess the costs of an arbitration (other than the fees or expenses of an arbitrator).

6.             Schedule 2 amended

In Schedule 2 delete Forms 105, 106 and 107.

Dated: 6 March 2013.

Judges’ signatures:

Chief Justice MARTIN

Justice MCLURE	Justice MURPHY
Justice PULLIN	Justice HALL
Justice HEENAN	Justice MAZZA
Justice JENKINS	Justice CORBOY
Justice BUSS	Justice PRITCHARD
Justice BEECH	Justice ALLANSON
Justice NEWNES	Justice EDELMAN