Supreme Court Amendment Rules (No. 5) 1994 (WA)
| 4410 | GOVERNMENT GAZETTE, WA | [26 August 1994 |
| JM301 |
SUPREME COURT ACT 1935
SUPREME COURT AMENDMENT RULES (NO. 5) 1994
Made by the Judges of the Supreme Court.
Citation
1. These rules may be cited as the Supreme Court Amendment Rules (No. 5)
1994.
Principal rules
2. In these rules the Rules of the Supreme Court 1971* are referred to as
the principal rules.
[* Reprinted in the Gazette of 29 March 1986 at pp. 779-1100. For amendments to 22 July 1994 see 1993 Index to • lation of
Western Australia, Table 4, pp. 267-9, and Gazettes of I March and I July 1994.1
Order 19 amended
3. Order 19 of the principal rules is amended in Rule 4 (1) by inserting
after "must," the following —
(b) in Rule 19 —
(i) in paragraph (1) by inserting after "proceedings" the
following, subject to paragraph (3), "; and within 10 days of the appearance of the third party,
Order 20 amended
4. Order 20 of the principal rules is amended —
(a)
in Rule 13 by repealing paragraph (6) and substituting the following paragraph —
(6) An order under this Rule shall not be made unless a written request for the particulars required by the applicant has been filed and served within 30 days of the service of the pleadings or such other time as the Court may allow.
n;
| 26 August 19941 | GOVERNMENT GAZETTE, WA | 4411 |
(ii) after paragraph (2) by inserting the following paragraphs -
(3) Subject to paragraph (4) an application
for an order under paragraph (1) must -
(a) be made within 21 days of the service of any pleading or writ to which the application refers;
(b) where the application is to strike
out certain pleadings, specify -
(i) the subparagraph of paragraph (1) under which
the applicati on is made; and
(ii) those parts of the pleadings which the applicant seeks to have struck out;
and
(c) where the application is to strike out the entire pleading, clearly indicate that intention in the application.
(4) An outline of the grounds for complaint must be filed and served at least 3 days before the date of the hearing of any application under paragraph (3).
Order 26 amended
5. Order 26 of the principal rules is amended -
(a) by inserting after Rule 8 the following Rule -
U
Procedure on discovery
8A (1) Documents delivered or produced under
these Rules are -
(a) tobe —
(i) in bundles, files, folders or receptacles; and either
(ii) grouped according totopic, class, category, allegation in issue or otherwise; or (iii) in an order or sequence, making the documents readily accessible to and capable of convenient inspection by the party to whom they are delivered or produced; and
(b) to be so identified or indexed by number, description or otherwise as to enable particular documents to be readily retrieved on later occasions.
(2) The party producing the documents must provide facifities for inspection and copying of the documents and make available a person able to -
| 4412 | GOVERNMENT GAZETTE, WA | [26 August 1994 |
already in use by a party - (3) An existing arrangement of documents
(a)
is not to be disturbed more than is necessary to achieve substantial compliance with paragraph (1) (a); and
(b)
if the party so requires, is not to be disturbed at all.
and
(b) after Rule 15 by inserting the following Rule -
Certificate by solicitor
15A. At or immediately before the trial the solicitor having conduct of the action on behalf of a party must deliver to the Court or to a Judge at the trial or hearing a certificate signed by that solicitor and addressed to the Court stating that the duty of discovery has been fully explained to that party and, if that party is a corporation, identifying the individual, or individuals to whom it was explained.
Order 29 amended
6. Order 29 of the principal rules is amended in Rule 4A (d) by inserting
after "times" the following -
which have been extended in accordance with Rule 4 (3) (d)
Order 36 amended
7. Order 36 of the principal rules is amended by inserting after Rule 19 the
following Rule -
'4
Interest for the purposes of section 32 of the Act
20. When computing interest for the purposes of section 32 of
the Act, subject to any evidence adduced, the Court may use, as a guide, the rate of interest fixed from time to time under section 142 of the Act in relation to judgment debts. Order 63 amended
8. Order 63 of the principal rules is amended in Rule 2 (4) by deleting
"shall before listing the appeal for hearing," and substituting the following -
14
shall before either -
(a) giving the appellant an appointment to settle the appeal book index; or
(b) settling the index,
as the case may be,
26 August 1994] GOVERNMENT GAZETTE, WA 4413 Order 64 amended
9. Order 64 of the principal rules is amended —
(a) in. Rule 1 —
(i) substituting the following — in subparagraph (f) by deleting "Australia." and " Australia; "; and (ii) after paragraph (f) by inserting the following
CC subparagraph —
(g) "the Guardianship Board" means the Guardianship and Administration Board established by section 5 of the Guardianship and Administration Act 1990.
(b) in Rule 3 (1) by inserting after "Barristers' Board" the following —
" the Guardianship Board "; and (c) in Rule 4 —
(i) by deleting "and" in the first place where it occurs; and
(ii) by inserting after "Board" the following —
CC
, and an application for leave to appeal to the Full Court under section 19 of the Guardianship and Administration Act 1990 from a determination of the Guardianship Board 71
Order 68 amended
10. Order 68 of the principal rules is amended —
(a)
in Rule 3 by deleting "Easter Tuesday" and substituting the following —
" Easter Monday "; and
(b) in Rule 5 —
(i)
by deleting ", Monday and Tuesday" and substituting the following —
" and Monday "; and (ii) by deleting "and the next following working day".
Order 81E amended
11. Order 81E of the principal rules is amended by repealing Rule 5.
Dated the 28th day of July 1994.
DAVID MALCOLM. Judges' signatures.
G. A. KENNEDY.
E.
M. FRANKLYN. PAUL SEAMAN. R.. NICHOLSGN.
D. A. IPP.
H. WALLWORK.
R. ANDERSON.
N.
J. OWEN. K. WHITE.
GRAEME SCOW.
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