Supreme Court Amendment Rules (No. 3) 2024 (WA)

Western Australia

Supreme Court Act 1935

Supreme Court Amendment Rules (No. 3) 2024

Western Australia

Supreme Court Amendment Rules (No. 3) 2024 Contents Supreme Court Act 1935

Supreme Court Act 1935

Supreme Court Amendment Rules (No. 3) 2024

Made by the judges of the Supreme Court.

1.Citation

These rules are the Supreme Court Amendment Rules (No. 3) 2024.

2.Commencement

These rules come into operation as follows —

• (a)

  rules 1 and 2 — on the day on which these rules are published on the WA legislation website;

• (b)

  the rest of the rules — on 1 September 2024.

3.Rules amended

These rules amend the Rules of the Supreme Court 1971.

4.Order 4 rule 2A inserted

After Order 4 rule 2 insert:

2A. Civil proceedings under Criminal Law (Mental Impairment) Act 2023

• (1)

  Civil proceedings under the Criminal Law (Mental Impairment) Act 2023 must be commenced by application in the form of Form 109.

• (2)

  Applications in proceedings commenced in accordance with subrule (1) that are pending or finalised must be made in the form of Form 110.

• (3)

  This rule applies despite rules 1 and 2.

   

5.Order 75A heading amended

In the heading to Order 75A delete “rules” and insert:

and removal

6.Order 75A rule 1 amended

• (1)

  In Order 75A rule 1 insert in alphabetical order:

   

Supreme Court roll means the roll of Australian lawyers maintained under the Legal Profession Uniform Law (WA) section 22(1).

• (2)

  In Order 75A rule 1 in the definition of Supreme Court (full bench) delete “judges.” and insert:

   

judges;

7.Order 75A rule 3 amended

In Order 75A rule 3(4) delete “maintained under the Legal Profession Uniform Law (WA) section 22(1)”.

8.Order 75A rule 5 inserted

After Order 75A rule 4 insert:

5. Removal from roll

A proceeding under the Legal Profession Uniform Law (WA) section 23 must be heard by the Supreme Court (full bench) unless the Chief Justice directs otherwise.

9.Schedule 2 amended

At the end of Schedule 2 insert:

109. Application in civil proceeding under Criminal Law (Mental Impairment) Act 2023 (O. 4 r. 2A(1))

Application to commence a civil proceeding

Criminal Law (Mental Impairment) Act 2023

Supreme Court of Western Australia

No:

Parties to the application

Applicant

Respondent/s

Original decision details

Matter number or prosecution notice number(s)

Parties to the original matter

Date of decision

Judicial officer who made the decision

Place order was made

Details of existing order

Expiry date of order

Supervised person’s legal representative’s details

Is the supervised person legally represented?

Name and service address

(if applicable)

Application details

Act and section(s) which allow the application

Grounds for application

Order(s) sought

Is an affidavit in support attached?

Applicant’s details for service

Name

Service address (if applicable)

Contact details

Signature of applicant or applicant’s legal representative

Date:

110. Application in pending or finalised civil proceeding under Criminal Law (Mental Impairment) Act 2023 (O. 4 r. 2A(2))

Application in a pending or finalised civil proceeding

Criminal Law (Mental Impairment) Act 2023

Supreme Court of Western Australia

No:

Parties to the application

Applicant

Respondent/s

Decision details

Details of relevant order

Expiry date of order

Supervised person’s legal representative’s details

Is the supervised person legally represented?

Name and service address

(if applicable)

Application details

Act and section(s) which allow the application

Grounds for application

Order(s) sought

Is an affidavit in support attached?

Applicant’s details for service

Name

Service address (if applicable)

Contact details

Signature of applicant or applicant’s legal representative

Date:

Date: 6 August 2024

The Hon. Chief Justice Peter Quinlan

Chief Justice of Western Australia

Supreme Court of Western Australia