Supreme Court Rules Amendment (Legal Profession) Rules 2022 (WA)
14 June 2022 GOVERNMENT GAZETTE, WA 3285 JUSTICE
JU301
Administration Act 1903
Criminal Procedure Act 2004
Supreme Court Act 1935
Supreme Court Rules Amendment (Legal
Profession) Rules 2022
SL 2022/74
Made by the judges of the Supreme Court.
Part 1 — Preliminary
1. Citation
These rules are the Supreme Court Rules Amendment (Legal
Profession) Rules 2022.
2. Commencement
These rules come into operation as follows —
(a)
Part 1 — on the day on which these rules are published in the Gazette;
(b) the rest of the rules — on the day on which the Legal
a lawyer. Profession Uniform Law Application Act 2022 section 6
comes into operation.
Part 2 — Criminal Procedure Rules 2005 amended
3. Rules amended This Part amends the Criminal Procedure Rules 2005.
4. Rule 5A amended
In rule 5A(1) in the definition of legally qualified registrar delete "an Australian lawyer as defined in the Legal Profession
Act 2008 section 4." and insert:
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5. Various references to "lawyer" amended
In the provisions listed in the Table:
(a) delete "lawyer" (each occurrence) and insert: legal practitioner
(b) delete "lawyer's" and insert: legal practitioner's
(c) delete "lawyer" (each occurrence) and insert: legal practitioner
(d) delete "lawyer's" and insert: legal practitioner's
(e) delete "lawyer's" (each occurrence) and insert: legal practitioner's
(1) delete "lawyer" and insert:
legal practitioner
(g) delete "Lawyer" and insert:
Legal practitioner (h) delete "Lawyer's" (each occurrence) and insert: Legal practitioner's
Table
r. 9(2) Pt. 3 heading r. 10(1) and (3) r. 11(1) and (2) r. 12 r. 13(1) and (2) r. 44(5) r. 57(2), (3) and (4)
14 June 2022 GOVERNMENT GAZETTE, WA 3287
r. 61(1) r. 65(3) r. 68(2)(a) r. 72(3) r. 73(4) Sch. 1 Forms ito 3, 6A to 8, 11,
12 and 18 to 26Note: The headings to the amended rules listed in the Table are to read as
set out in the Table.
Table
Amended rule Rule heading
r. 13 Legal practitioners acting for offenders r. 57 Legal practitioners may obtain copies of jury
panels or pools
Part 3 - Non-contentious Probate Rules 1967 amended
6. Rules amended
This Part amends the Non-contentious Probate Rules 1967.
7. Rule 27 amended
Delete rule 27(2)(b) and insert:
(b) a legal practitioner.
8. Rule 43B amended
In rule 4313:
(a) delete "Legal Profession Act 2008 Part 10," and insert:
Legal Profession Uniform Law (WA) Part 4.3,
(b) delete "that Act)" and insert: section 6(1) of that Law)
(c) in paragraph (a) delete "Act; and" and insert: Law; and
Note: The heading to amended rule 43B is to read:
Legal costs for non-contentious probate applications
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Part 4 - Rules of the Supreme Court 1971 amended
9. Rules amended
This Part amends the Rules of the Supreme Court 1971.
10. Order 1 amended
In Order 1 rule 4(1) delete the definition of practitioner.
11. Order 66 amended
(1) In Order 66 rule 11(1) in the definition of any relevant scale
delete "any costs determination, as defined in the Legal
Profession Act 2008 section 252," and insert:any legal costs determination made under the Legal Profession
Uniform Law Application Act 2022 section 133,(2) In Order 66 rule 11(3) delete "Legal Profession Act 2008
permitting legal practices" and insert:Legal Profession Uniform Law (WA) permitting law practices (3) In Order 66 rule 51(1 )(b) delete "Legal Profession Act 2008
section 280(2)." and insert:Legal Profession Uniform Law Application Act 2022 section 141(3). 12. Order 75A heading replaced
Delete the heading to Order 75A and insert:
Order 75A - Admission rules
13. Order 75A amended
(1) Delete Order 75A rule 1 and insert: 1. Terms used
In this Order
applicant means a person who makes an application
under rule 2(1);
Board means the Legal Practice Board established
under the Legal Profession Uniform Law Application
Act 2022 section 30(1);
14 June 2022 GOVERNMENT GAZETTE, WA 3289 Supreme Court (full bench) means the Court constituted by at least 3 judges.
(2) In Order 75A rule 2(1) delete "under the Legal Profession
Act 2008 section 25 for admission to the legal profession" and
insert:for admission to the Australian legal profession under the Legal
Profession Uniform Law (WA) section 16(3) Delete Order 75A rule 2(3) and insert:
(3) The applicant must serve a notice of motion on the
Board when they apply to the Board for a compliance
certificate under the Legal Profession Uniform Law
(WA) section 19(1).(4) After Order 75A rule 2 insert:
2A. Compliance certificates (1) If the Board issues a compliance certificate in respect
of an applicant under the Legal Profession Uniform
Law (WA) section 19(3), the Board must file the
compliance certificate in the Court at least 7 days
before the applicant's proposed date of admission.(2) The Board must serve on the applicant a copy of the
compliance certificate filed under subrule (1).2B. Appeals under Legal Profession Uniform Law (WA)
section 26 or 27
Order 65 (other than rule 10(6)) applies to an appeal under the Legal Profession Uniform Law (WA)
section 26 or 27.
2C. Objection to admission (1) A person (the objector) may object to the admission of
an applicant to the Australian legal profession under
the Legal Profession Uniform Law (WA) section 16(3)
by filing a notice in the Court.(2) A notice filed under subrule (1) must
(a) state the grounds of the objection; and (b)
be filed at least 7 days before the applicant's proposed date of admission; and
(c)
be served on the applicant, unless the Court orders otherwise.
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(3) The Court may, at any time after a notice under
subrule (1) is filed, do one or more of the following
(a)
dismiss or strike out the objection if the Court believes that it is frivolous, vexatious, misconceived or lacking in substance, is being used for an improper purpose or is otherwise an abuse of process;
(b)
order the objector or the applicant, or both, to file written submissions;
(c)
determine the objection in chambers on the documents;
(d) list the objection for hearing.
(4)
If a hearing is held to determine the objection, both the objector and the applicant are entitled to appear and be heard.
(5) In Order 75A rule 3(1) delete "an applicant" and insert: a person who applies (6) In Order 75A rule 3(2) delete "If the applicant is an interstate
lawyer he or she" and insert:A person who applies for admission under the Mutual
Recognition Act 1992 (Commonwealth) or the Trans-Tasman
Mutual Recognition Act 1997 (Commonwealth)(7) Delete Order 75A rule 3(3) and (4) insert:
(3) A person who is admitted without appearing in person
must, within 21 days of being admitted (a) attend at (i) if the application for admission was made under the Mutual Recognition Act 1992 (Commonwealth) the office
of a superior court of a State or
Territory or of the High Court; or(ii) if the application for admission was made under the Trans-Tasman Mutual Recognition Act 1997 (Commonwealth) the office of a superior court of a State or Territory or the High Court of Australia or of the Supreme Court or High Court of New Zealand;
and
14 June 2022 GOVERNMENT GAZETTE, WA 3291
(b) before the Principal Registrar, a registrar, a deputy registrar or the prothonotary of that court, take an oath or affirmation in the form set out in rule 4.
(4) When a person takes an oath or affirmation in
accordance with subrule (3), the person's name is to be
entered in the Supreme Court roll maintained under the
Legal Profession Uniform Law (WA) section 22(1) in
the usual manner
(8) In Order 75A rule 4 delete "Legal Profession Act 2008
section 26(1)(b)" and insert:Legal Profession Uniform Law (WA) section 16(1)(c) 14. Order 76 amended
In Order 76 rule 2(1 )(a) delete "local roll maintained under the Legal Profession Act 2008 section 28 and is not a disqualified person as defined in section 3 of that Act; and" and insert:
Legal Profession person as defined in section 6(1) of that Law; and
Supreme Court roll maintained under the 15. Various references to "practitioner" amended
In the provisions listed in the Table:
(a) delete "practitioner" (each occurrence) and insert: legal practitioner
(b) delete "practitioners" and insert: legal practitioners
(c) delete "practitioner's" (each occurrence) and insert: legal practitioner's
(d) delete "practitioner" (each occurrence) and insert: legal practitioner
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(e) delete "practitioner" and insert: legal practitioner
(f) delete "Practitioner" and insert: Legal Practitioner
Table
0. 4A r. 2(2)(g)(i) and (o) 0. 4A r. 4A(b) 0.4Ar. 6(6) 0.4Ar. 7(l)and(3) 0. 4A r. 8(3A)(b) 0. 4A r. 14A(3)(b) 0. 4A r. 18(2)(b) 0. 4A r. 25(2) 0. 8 r. 12 0. 9A r. 1 def. of interested
non-party0. 1 1A r. 4(3) 0. 1 1A r. 6(l)(b)(i) and (ii)
and (3)0. liAr. 7(1) and (2) 0. 12r. 1(l)and(2) 0. 12 r. 2(1)(a) and (3) 0. 26 r. 1(3)(b) 0. 26 r. 16A 0. 26A r. 8(1) and (3) 0. 43 r. 16(1) 0. 66 r. 5(1), (2) and (4) 0. 66 r. 8 0. 66 r. 8A(l) and (2) 0. 66 r. 11(1) def. of any 0. 66 r. 25(3)(d) relevant scale 0. 66 r. 32(1) 0. 71A r. 2(d) 0. 7 1 A r. 3(2), (4) and (6) 0. 72 r. 5(4)(b) and (5)(b) 0. 76 r. 2(1)(c) and (d) Sch. 2 Forms 17, 18, 93A and
93B
Note: The headings to the amended rules listed in the Table are to read as
set out in the Table:
Table
Amended rule Rule heading
0. 8 r. 12 Legal practitioner or clerk not to be security 0. 26 r. 16A Certificate by legal practitioner 0. 26A r. 8 Certificate by legal practitioner for non-party
or potential party
14 June 2022 GOVERNMENT GAZETTE, WA 3293
Amended rule Rule heading
0. 66 r. 8A Costs in case of legal practitioner acting
pro bono
Part 5 Supreme Court (Court of Appeal) Rules 2005
amended
16. Rules amended
This Part amends the Supreme Court (Court ofAppeal)
Rules 2005.17. Rule 3 amended
In rule 3(1) delete the definition of lawyer.
18. Various references to "lawyer" amended
In the provisions listed in the Table:
(a) delete "lawyer" (each occurrence) and insert: legal practitioner
(b) delete "lawyer" and insert: legal practitioner
(c) delete "lawyer's" and insert: legal practitioner's
(d) delete "lawyers" and insert:
legal practitioners
(e) delete "lawyer" and insert: legal practitioner
(f) delete "Lawyer's" (each occurrence) and insert: Legal practitioner's
(g) delete "lawyer" (each occurrence) and insert: legal practitioner
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(h) delete "lawyer's" and insert: legal practitioner's
(i)delete "lawyer" and insert:
legal practitioner
(j) delete "Lawyer" and insert: Legal practitioner
(k) delete "lawyer" and insert: legal practitioner
Table
r. 17(1) Pt. 4 heading r. 23(1) and (2)
r. 24(1), (2), (3), (4) and (6) r. 2 8(2) r. 29(2) r. 41(l)(c) r. 44(2)(b) r. 59(1A) and (3) r. 60(4) Sch. 1 Forms 1 to 10, 12 to 14A and 16
Date: 3 June 2022.
The Hon. Chief Justice Peter Quinlan Chief Justice of Western Australia
Supreme Court of Western Australia.
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