Supreme Court (Court of Appeal) Amendment Rules 2025 (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 the day after that day.
These rules amend the
(1) In rule 3(1) delete the definitions of:
(2) In rule 3(1) insert in alphabetical order:
(1) In rule 5A delete “A delegation” and insert:
(1) A delegation
(2) In rule 5A delete the note.
(3) At the end of rule 5A insert:
(2) Anything that a single judge or a registrar may do under these rules may be done by the Court of Appeal in the same manner as a single judge or a registrar unless otherwise provided for by these rules.
(1) Delete rule 7(1)(b) and (c) and insert:
(b) to make a decision on an application on the basis of the documents filed and without listing the matter for hearing;
(c) to make a decision, otherwise than pursuant to an application, on the basis of the documents filed and without listing the matter for hearing, if notice has been given to the parties;
(2) Delete rule 7(2).
In rule 10(2):
(a) in paragraph (c) delete “adjourn” and insert:
refer
(b) in paragraph (h) delete “49(2) or 64(5).” and insert:
43(2)(f), (fa)(i), (fb) or (g) or (2B), 49(2) or 64(5);
(c) after paragraph (h) insert:
(i) to grant leave for the filing of a document under rule 10A(1).
After rule 10 insert:
(1) A registrar must not accept for filing any document that appears to the registrar to be an abuse of process, or frivolous or vexatious, unless the party seeking to file the document first obtains the leave of a single judge.
(2) An application for leave under subrule (1) must be supported by an affidavit.
(3) The applicant is not required to serve the application on, or give notice of the application to, any party.
Delete rule 19.
In rule 33(3)(b) delete “21” and insert:
28
In rule 39(4)(d) delete “more than” (1
Delete the heading to Part 5 Division 4 and insert:
(1) In rule 43(2):
(a) delete paragraph (f) and insert:
(f) to strike out any ground of appeal that —
(i) does not have a reasonable prospect of succeeding; or
(ii) does not comply with these rules or any order made under them; or
(iii) is an abuse of process;
(b) after paragraph (fa) insert:
(fb) to dismiss an application for an interim order if the application —
(i) does not have a reasonable prospect of succeeding; or
(ii) does not comply with these rules or any order made under them; or
(iii) is an abuse of process;
(c) in paragraph (g)(ii) delete “them;” and insert:
them; or
(d) after paragraph (g)(ii) insert:
(iii) the appeal is an abuse of process;
(2) In rule 43(2A) delete “subrules (2)(a) to (ka).” and insert:
subrule (2)(a) to (ka) or (2B).
(3) After rule 43(2A) insert:
(2B) A single judge has jurisdiction to make an order —
(a) specifying the manner in which a person must communicate in relation to an appeal with any or all of the following —
(i) the Court of Appeal;
(ii) a judge of appeal;
(iii) a registrar;
(iv) a member of staff in the Court of Appeal Office;
(v) a member of the personal staff of a judge of appeal or registrar;
(vi) a party to the appeal or their legal practitioner;
and
(b) requiring the person to so communicate in the manner specified in the order, or as otherwise permitted by law, and not otherwise.
(4) In rule 43(3) delete “(2),” and insert:
(2) or (2B),
In rule 48 after “immediately” insert:
after
Delete the heading to Part 5 Division 5 and insert:
After rule 58(1) insert:
(1A) Without limiting subrule (1), a hearing in a CA matter may be conducted at which any judge of appeal, registrar, party or other person is present by audio link or video link.
(1) In rule 64(1)(c) delete “from the court” and insert:
from the court.
(2) In rule 64(4) delete “care” and insert:
care,
At the end of Part 7 insert:
(1) In this rule —
(2) A person who is not a party to a criminal appeal may apply to the Court of Appeal for leave to inspect or obtain a copy of —
(a) the record, or the certified transcript of the record, of any proceedings in the appeal; or
(b) any other record in the possession of the Court of Appeal in relation to the appeal, including documents (including those in electronic form) and other things tendered in evidence in the appeal.
(3) The application —
(a) may be made orally to the media manager if —
(i) it is made by a person employed in a media organisation; and
(ii) the Court of Appeal, on a written application made under this rule by another person employed in a media organisation, has already granted leave to that other person to inspect or obtain a copy of the record the subject of the application;
but
(b) otherwise must be made in writing to the Court of Appeal and must set out the grounds of the application.
(4) The applicant need not give notice of the application to any party to the appeal unless an order is made under rule 71(5)(b).
(5) On an oral application made under subrule (3)(a), the media manager —
(a) may grant the application if satisfied that the Court of Appeal has already granted leave to another person who is employed by a media organisation to inspect or obtain a copy of the record the subject of the application; but
(b) otherwise must refuse the application.
(6) If under subrule (5)(a) the media manager grants an oral application, the application must be granted on the same terms and subject to the same conditions (if any) that were imposed by the Court of Appeal when it gave leave to the other person employed by a media organisation.
(7) A person whose oral application is refused under subrule (5)(b) may make a written application under subrule (3)(b).
(1) This rule applies to a written application under rule 70(3)(b).
(2) A single judge or registrar may deal with the application.
(3) A single judge may refer the application to a registrar.
(4) A registrar may refer the application to a single judge.
(5) A single judge or registrar dealing with the application —
(a) may deal with the application even though no party to the appeal has been served with it; or
(b) may order the applicant to serve a party to the appeal, specified in the order, with the application and a notice entitling the party to be heard on the application, and deal with the application accordingly.
(6) A single judge or registrar dealing with the application may grant the application if satisfied that the applicant has sufficient cause to be granted leave, but otherwise must refuse the application.
(7) Subrule (6) has effect subject to —
(a) the
Sentencing Act 1995 section 22; and(b) any other order or written law that prohibits or restricts the publication or possession of the record to which the application relates.
(8) A single judge or registrar may grant the application —
(a) wholly or in part; and
(b) unconditionally or subject to conditions.
(1) In this rule —
(2) If a person, pursuant to leave granted under rule 70 or 71, wants to obtain a copy of a record, the person must pay, or make arrangements to pay, the cost of supplying the copy, unless the Court of Appeal orders otherwise.
(3) Subrule (2) does not apply in relation to an application if the application is for the purposes of an appeal relating to —
(a) a child sexual abuse action; or
(b) a claim under the National Redress Scheme.
(4) A registrar may determine the cost of supplying the copy.
Rules 70 to 72 do not prevent the Court of Appeal from publishing, on its own initiative, all or any part of the proceedings in an appeal to any person, and in any manner, it thinks fit.
Delete Schedule 1 Form 12.
Date: 21 May 2025
The Hon. Chief Justice Peter Quinlan
Chief Justice of Western Australia
Supreme Court of Western Australia
0
0
0