Supreme Court Amendment Rules (No. 4) 2015 (WA)
| :3696 | GOVERNMENT GAZETTE, WA | 4 September 2015 |
U302*
Supreme Court Act 1935
Supreme Court Amendment Rules (No. 4) 2015
Made by the Judges of the Supreme Court.
1. Citation
These rules are the Supreme Court Amendment Rules
(No. 4) 2015.2. 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 14th day after that day.
3. Rules amended
These rules amend the Rules of the Supreme Court 1971.
4. Order 24A amended
(1) Delete Order 24A rules 1 and 2 and insert: 1. Parties entitled to make offer
In any proceedings the plaintiff or the defendant may make to the other an offer to compromise any claim in the proceedings on the terms specified in the notice of offer.
Order by serving a notice of the offer on the party. 2. Application of this Order to counterclaims and third party notices
Where a party makes a claim by way of counterclaim or third party notice, this Order applies in relation to the proceeding on that claim as if —
(a)
the party making the claim were the plaintiff; and
(b)
the party against whom the claim is made were the defendant.
3A. How to make offer
(1) An offer of compromise is made to a party under this
4 September 2015 GOVERNMENT GAZETTE, WA 3697 (2) A notice of offer is to -
(a) be in writing; and (b)
bear a statement to the effect that the offer is made under this Order.
(2) Delete Order 24A rule 8(2) and insert:
(2) Where a party to an accepted offer fails to comply with
the terms of the offer, and another party in the
proceedings has made a claim which is not the subject
of the accepted offer, the Court may make such order
or give such judgment under subrule (1), and make
such order that the proceeding on that other party'sclaim be continued, as it thinks fit.
(3) Delete Order 24A rule 10(3) and insert:
(3) Subrules (4) and (5) apply to an offer which has not
been accepted in the time prescribed by rule 3(5) if the
Court is satisfied by the party who made the offer that
the party was at all material times willing and able to
comply with the terms of the offer.
(4) In Order 24A rule 10(4) delete "basis." and insert: basis, except as provided in subrule (5A). (5) Delete Order 24A rule 10(4a) and insert:
(5A) to accept the offer made by the plaintiff was If the Court is satisfied that the failure by the defendant unreasonable, the plaintiff's costs from the date on
which the offer was made are to be taxed on an
indemnity basis, unless the interests of justice require
otherwise.
(6) In Order 24A rule 10(5) and (6) delete "basis." and insert: basis, except as provided in subrule (7A). (7) After Order 24A rule 10(6) insert:
(7A) If the Court is satisfied that the failure by the plaintiff
to accept the offer made by the defendant was
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unreasonable, the defendant's costs are to be taxed on
an indemnity basis, unless the interests of justicerequire otherwise.
(8) Delete Order 24A rule 10(9).
5. Order 81C amended
In Order 81C rule 5(2) after "CEO" (1st occurrence) insert:
has
Note The heading to Order 6 rule 1 is to read:
Nature of claim etc. to be indorsed on writ
Dated: 31 August 2015.
Judges' signatures:
Chief Justice MARTIN
Justice McLURE Justice HALL Justice LE MIERE Justice MAZZA Justice JENKINS Justice CORBOY Justice BUSS Justice PRITCHARD Justice BEECH Justice ALLANSON Justice NEWNES Justice CURTHOYS Justice CHANEY Justice MITCHELL Justice KENNETH MARTIN Justice MARTINO Justice MURPHY Justice TOTTLE
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