Supreme Court (Court of Appeal) Amendment Rules 2024 (WA)
Western Australia
Supreme Court Act 1935
Western Australia
Supreme Court Act 1935
Made by the judges of the Supreme Court.
These rules are the
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.
These rules amend the
(1) In rule 29(1):
(a) in paragraph (b) delete “(2).” and insert:
(2); and
(b) after paragraph (b) insert:
(c) if the civil appeal is an appeal under the
Criminal Law (Mental Impairment) Act 2023 Part 12 — a document that sets out the grounds of appeal.
(2) After rule 29(3) insert:
(4) For the purposes of the
Criminal Law (Mental Impairment) Act 2023 section 214(4), a Form 2 filed in accordance with this rule, accompanied by a document that sets out the grounds of appeal, is taken to be an application for leave to appeal that sets out the grounds of the appeal.
In rule 32(4):
(a) in paragraph (f) delete “arise.” and insert:
arise; and
(b) after paragraph (f) insert:
(g) must, for any ground that alleges the primary court acted without or in excess of jurisdiction, state the basis for the allegation.
In rule 62(4)(e) delete “chairperson of the Mentally Impaired Accused Review Board; and” and insert:
President of the Mental Impairment Review Tribunal; and
Date: 6 August 2024
The Hon. Chief Justice Peter Quinlan
Chief Justice of Western Australia
Supreme Court of Western Australia
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