Supreme Court Rules Amendment Rules 2017 (WA)
!2017160GG!
WESTERN 4391 AUSTRALIAN GOVERNMENT
ISSN 1448-949X (print) ISSN 2204-4264 (online)
| PRINT POST APPROVED PP665002/00041 | |
| PERTH, WEDNESDAY, 16 AUGUST 2017 | No. 160 SPECIAL |
PUBLISHED BY AUTHORITY KEVIN J. McRAE, GOVERNMENT PRINTER AT 12.00 NOON
© STATE OF WESTERN AUSTRALIA
Supreme Court Act 1935
Supreme Court Rules Amendment Rules 2017
Made by the judges of the Supreme Court.
Part 1 — Preliminary matters
1. Citation
These rules are the Supreme Court Rules Amendment
Rules 2017.
2. Commencement
These rules come into operation as follows —
(a) Part 1 — on the day on which these rules are published in the Gazette (gazettal day);
(b) rule 30 — on 4 September 2017; (c) the rest of the rules — on the 14th day after gazettal day.
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Part 2 Rules of the Supreme Court 1971 amended r. 3 Part 2 — Rules of the Supreme Court 1971 amended
3. Rules amended
This Part amends the Rules of the Supreme Court 1971.
4. Order 1 amended
(1) In Order 1 rule 4(1) delete the definitions of: case
case management registrar
to file(2) In Order 1 rule 4(1) insert in alphabetical order: file, in relation to a document, means to comply with
Order 67 rule 18A(2) in relation to the document;
5. Order 4A Division 1 amended
(1) In Order 4A rule 1 delete the definitions of: case
case manager
CMC List judge(2) In Order 4A rule 1 insert in alphabetical order: case means any action, cause or matter in the General
Division of the Court;
case manager means a judge, master or registrar to
whom the case is assigned;
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Rules of the Supreme Court 1971 amended Part 2 r. 5
(3) After Order 4A rule 2(2)(i) insert:
(ia) give directions for the purposes of Order 36A
rule 1 as to expert evidence including directionsas to any of the following — (i) the provision to a party or the Court of a copy of a report, or part of a report, of an expert witness, before the trial;
(ii) the disclosure to a party or the Court, in writing, of the substance of all or any part of expert evidence, before the trial;
(iii) the number of expert witnesses who may be called at the trial;
(iv) the provision to the case manager for inspection under subrule (6) of any report or document containing expert evidence or the substance of the expert evidence;
(4) In Order 4A rule 2(2)(k) delete “exchanged under Order 36A,” and insert: provided or whose evidence the substance of which has been
disclosed, under a direction under paragraph (ia),(5) Delete Order 4A rule 2(2)(m). (6) In Order 4A rule 2(2)(w) delete “case management”. (7) After Order 4A rule 2(5) insert:
(6) For the purpose of deciding whether to make a
direction for the purposes of Order 36A rule 1, the case
manager may inspect any report or document
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Part 2 Rules of the Supreme Court 1971 amended r. 6 containing expert evidence or the substance of the
expert evidence, with or without disclosing the contents
of that report or document to any other party.6. Order 4A Division 2 amended
(1) Delete Order 4A rules 5 to 7 and insert: 4A. Case management conferences An interlocutory application or matter, a review under
rule 5 and a request by a party (including a request by a
party under rule 5A) must be dealt with by way of acase management conference unless —
(a) the case manager directs otherwise; or (b) a decision is made in relation to the application, matter, review or request on the basis of documents filed without requiring the parties or their practitioners to attend a hearing.
5. Case manager may review case at any time
(1) The case manager for a case may review the progress of the case —
(a) at any time in the case, on the case manager’s own initiative after notifying the parties; or
(b)
when hearing a request by a party (including a request by a party under rule 5A); or
(c) when hearing any other application in the case.
(2) On the review, the case manager may do all or any of the following —
(a)
make any interlocutory order the case manager considers just;
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Rules of the Supreme Court 1971 amended Part 2 r. 6
(b)
make any case management direction the case manager considers just;
(c)
make any enforcement order the case manager considers just.
(3) For the purposes of subrule (1)(a), the case manager
may at any time direct all or any of the parties to a case
to attend before the case manager.(4) If the case manager is a master, subrules (1) and (2) are
subject to Order 60 rule 1(3) and (4).(5) If the case manager is a registrar, subrules (1) and (2)
are subject to Order 60A rule 2(2), (3) and (4).
5A. Requesting interlocutory orders and case
management directions
(1) A party to a case may at any time request the case manager to do any of the following —
(a)
make an interlocutory order that the case manager has jurisdiction to make;
(b)
make, cancel or amend a case management direction.
(2) The party must make the request by way of a letter to
the case manager in accordance with rule 5B(1) and (2)unless —
(a) the request is made orally either during a case management conference or during a hearing; or (b) a motion or summons is justified by the circumstances of the particular case or the nature of the request, in which case the request may be made by way of motion or summons; or (c) Supreme Court (Corporations) (WA) the request must be made under those rules; or
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Part 2 Rules of the Supreme Court 1971 amended r. 6
(d)
a form, prescribed under a written law, is specific to the nature of the request, in which case the request must be made in that form.
(3)
The case manager may by notice, direct the parties to attend a case management conference or a hearing to consider the request.
5B. Request under r. 5A by letter
(1) A party making a request under rule 5A by way of a letter must —
(a) file the letter and any attachments; and (b) set out in the letter details of any order or direction sought or attach to the letter a minute in Form 78 of any order sought; and (c) attach to the letter any other relevant document; and (d) email a copy of the letter and the attachments to the associate to the case manager, or if the case manager is not known, to the associate to the Principal Registrar; and
(e)
give a copy of the letter and the attachments to the other parties.
(2) A party must comply with subrule (1) not less than
2 clear days before the case manager is requested to act
upon the request.(3) A party who fails to comply with subrule (1) or (2) in
relation to a letter, attachment or other documentcannot, without the case manager’s leave, refer to or rely on the document —
(a) in any hearing; or (b) in any other filed document.
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Rules of the Supreme Court 1971 amended Part 2 r. 6
(4) If a party is given leave to refer to or rely on a
document referred to in subrule (3), the party must file
the document as soon as practicable after the leave is
given.(5) Order 67 rule 18A(5) and (6) do not apply to a party
who fails to comply with subrule (1)(a).(6)
The case manager may direct a party who has made a request by way of a letter to make the request in some other manner.
5C. Request under r. 5A at case management
conference or hearingA party who seeks to refer to or rely on a document
while making an oral request during a case
management conference or a hearing referred to inrule 5A(2)(a) must —
(a) if the document contains a proposed order or a direction, file the document as soon as practicable after the conference or hearing; and (b) if the document is required to be filed under these rules, comply with Order 67 rule 18A in relation to the document.
6. Timetables
(1) This rule applies if the case manager for a case directs
the parties to the case to comply with a timetable for
procedural steps that are needed in the case.(2) The case manager making the direction must set the
timetable.
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Part 2 Rules of the Supreme Court 1971 amended r. 6
(3) The case manager may do all or any of the following —
(a) amend the timetable, whether on the case manager’s own initiative or on a party’s
request;
(b) at any time direct the parties to explain in writing why the timetable has not been complied with; (c) at any time, by notice, direct the parties to attend a hearing and explain why the timetable has not been complied with; (d) for the purposes of a hearing under affidavit in response to the direction at any time that the case manager considers just;
(e) after a hearing under paragraph (c) — (i) amend the timetable;
(ii) make any case management direction the case manager considers just;
(iii) make any enforcement order the case manager considers just;
(f)
if a party does not comply with the timetable, obey a direction under paragraph (c) or file an affidavit as directed, make any case
management direction or enforcement order the
case manager considers just.
(4) If the case manager is a master, subrule (3)(e) and (f)
are subject to Order 60 rule 1(3) and (4).(5) If the case manager is a registrar, subrule (3)(e) and (f)
are subject to Order 60A rule 2(2), (3) and (4).
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Rules of the Supreme Court 1971 amended Part 2 r. 6
(6) If a direction is made under subrule (3)(b), the parties and their practitioners must —
(a) give the Court the explanation within the time specified in the direction; and (b) serve the explanation on each other party.
7. Attendance at proceedings under this Order
(1) A party who is represented by a practitioner need not
attend a proceeding under this Order unless
subpoenaed or directed to do so by the case manager.(2) Unless the case manager directs otherwise, subrule (1) does not apply to —
(a)
a conference conducted by a mediator under rule 8; or
(b) a strategic conference held under rule 14A; or (c)
the first case management conference for the case referred to in rule 18(1).
(3) If there is no practitioner on the record for a party that
is a body corporate, the case manager presiding at a
proceeding under this Order may permit a person who
is not a practitioner to represent the party.
(2) Delete Order 4A rule 8(1) and insert:
(1) The case manager for a case may, by notice, direct that
a conference conducted by a mediator be held for the
case.(3) In Order 4A rule 8(2) and (3) delete “Court” and insert: case manager
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Part 2 Rules of the Supreme Court 1971 amended r. 6
(4) After Order 4A rule 8(3) insert: (3A) The following persons must attend the conference
unless the mediator or the case manager directsotherwise —
(a) each party to the case; (b) if a party is represented by a practitioner, the practitioner; (c) if a party is not an individual, a representative of the party with authority to conduct settlement negotiations and to settle the case; (d) if settlement negotiations are to be conducted representative of the insurer with authority to conduct settlement negotiations and to settle the case.
(5) In Order 4A rule 8(4):
(a) delete “order made by the Court —” and insert: direction made by the case manager —
(b) in paragraph (b) delete “Court” and insert: case manager
(c)
in paragraphs (c) and (d) delete “it is ordered otherwise or”.
(6) In Order 4A rule 9(1) delete “if the Court” and insert: if the case manager for a case
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Rules of the Supreme Court 1971 amended Part 2 r. 7
(7) In Order 4A rule 9(2) and (3) delete “judge, master or
registrar making the direction or the case manager for the case”and insert: case manager 7. Order 4A Division 3 amended
(1) In Order 4A rule 10 delete “ordered otherwise by a CMC List
judge.” and insert:directed otherwise by a CMC List case manager. (2) In Order 4A rule 11:
(a) in paragraph (b) delete “ordered” and insert: directed
(b) in paragraph (ca) delete “Order 81D applies;” and insert: the Supreme Court (Arbitration) Rules 2016 apply;
(3) Delete Order 4A rules 13 and 14 and insert: 13. CMC List case manager may direct case to be on or taken off CMC List
(1) Only a CMC List case manager can direct that a case
be admitted to or taken off the CMC List.(2) A CMC List case manager, on the case manager’s own initiative or on a request made under rule 14, may
direct a case to be admitted to the CMC List.
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Part 2 Rules of the Supreme Court 1971 amended r. 7
(3) A CMC List case manager, on the case manager’s own initiative or on a request by a party, may direct a CMC
List case to be taken off the CMC List.14. Requesting case be put on CMC List
(1) A party to a case may request a direction that the case
be admitted to the CMC List.(2) The request must not be made until after the first of the following events occurs —
(a)
an appearance has been entered by each party who is required to do so;
(b) the time limited for appearing expires.
(3) The request is a request under rule 5A and must —
(a) be made by letter in accordance with rule 5B(1) and (2); and (b) contain the email address (if any) — (i) of each party to the case, other than a party who is required to enter an appearance and has not; and
(ii) that was provided by a party in accordance with Order 71A rule 3.
(4) A request made under this rule must be decided by a
CMC List case manager.(5) At the hearing of the request, the CMC List case
manager, if satisfied the case should be subject to this
Division, may direct the case be admitted to the CMC
List unless a party shows cause why it should not be
admitted.
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Rules of the Supreme Court 1971 amended Part 2 r. 7
14A. Strategic conferences
(1) In this rule — strategic conference means a conference at which it is
to be demonstrated how a party to a case proposes to
attain the objects referred to in Order 1 rule 4B(1).(2) The CMC List case manager may, by notice, direct that
a strategic conference be held for the case.(3) The following persons must attend the conference unless the case manager directs otherwise —
(a) each party to the case; (b)
if a party is represented by a practitioner, the practitioner.
(4) In Order 4A rule 15(1) delete “case manager of a CMC List case may hear any interlocutory matter relating to the case, or may refer the matter to another” and insert: CMC List case manager may hear any interlocutory matter
relating to the case, or may refer the matter to a(5) After Order 4A rule 15(1) insert:
(2) If the CMC List case manager is a master, subrule (1)
is subject to Order 60 rule 1(3) and (4).
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Part 2 Rules of the Supreme Court 1971 amended r. 8 8. Order 4A Division 4 amended
Delete Order 4A rules 17 to 19 and insert:
18. Case management conferences for cases not on CMC List
(1) The case manager for a case may, by notice, direct that
the first case management conference be held for the
case.(2) The following persons must attend the first case
management conference for a case unless the casemanager directs otherwise —
(a) each party to the case; (b)
if a party is represented by a practitioner, the practitioner.
(3) At any case management conference the case manager may inquire into the following —
(a)
whether pleadings or any specified pleadings are necessary;
(b)
the state of the pleadings and whether the times prescribed by these rules for pleadings are being complied with and if not, the reasons for the non-compliance;
(c)
whether any party intends to commence third party or similar proceedings under Order 19;
(d)
whether any party intends to require discovery and inspection under Order 26;
(e)
whether any party intends to interrogate under Order 27;
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Rules of the Supreme Court 1971 amended Part 2 r. 8
(f) whether any party intends to adduce expert evidence at the trial; (g) whether a conference of the parties with a mediator is needed and if so, when; (h) the likely length of the trial; (i) any other matter relevant to ensuring the case is managed in accordance with Order 1 rule 4B.
(4) A case is not to be entered for trial unless the case
manager has conducted a full case evaluation at one or
more case management conferences for the case.(5) The case manager may, at the request of a party, or on the case manager’s own initiative, make a direction that subrule (4) does not apply to the case. (6) The case manager may conduct a full case evaluation
referred to in subrule (4) by inquiring into thefollowing —
(a)
the state of the pleadings and if they are not closed, the reasons for that;
(b)
whether a conference of the parties with a mediator is needed and if so, when;
(c)
the content of any report or document containing expert evidence or the substance of expert evidence and whether a conference between experts is needed;
(d)
whether the case, at the time of the listing conference, will be ready for trial and if not, the reasons for not being ready;
(e)
whether the estimated length of the trial is still accurate;
(f)
the number of witnesses to be called at the trial, whether there are any known difficulties as to the availability of any witness and the estimated
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Part 2 Rules of the Supreme Court 1971 amended r. 8 time it will take for each witness to give
evidence;
(g)
the administrative resources likely to be needed for the trial.
(7) The first and any other case management conference
may be held even if, at the time of the case
management conference, not all parties to the case have
been served with the originating process or have
entered appearances.19. Powers of case manager at case management conferences for cases not on CMC List
(1) At any case management conference the case manager may at the request of a party or on the case manager’s own initiative do one or more of the following —
(a)
make any interlocutory order the case manager considers just;
(b)
make any case management direction the case manager considers just;
(c)
make any enforcement order the case manager considers just.
(2) If the case manager is a master, subrule (1) is subject to
Order 60 rule 1(3) and (4).(3) If the case manager is a registrar, subrule (1) is subject
to Order 60A rule 2(2), (3) and (4).(4) The case manager may at the request of a party or on the case manager’s own initiative, arrange for one or more further case management conferences to be held but any further case management conference must not be held on or after the date of the listing conference.
(5) The case manager may at the request of a party or on the case manager’s own initiative, adjourn any case
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Rules of the Supreme Court 1971 amended Part 2 r. 9
management conference from time to time but not to a
date on or after the date of the listing conference.
9. Order 4A Division 5 amended
(1) In Order 4A rule 21 in the definition of Inactive Cases List delete “under rule 25.” and insert: for the purposes of this Division. (2) Delete Order 4A rule 22 and insert: 22. Case manager may direct party to show cause
(1) The case manager for a case may at any time, by
notice, direct the parties to attend a hearing before a
case manager to show cause why the case should not be
put on the Inactive Cases List.(2) The date of the hearing must be at least 7 days after the
date on which the direction is made.(3) The direction does not prevent any party to the case
from taking any procedural step in the case.(4) At the hearing the case manager may order that the
case be put on the Inactive Cases List if not satisfied
that the case is being conducted in a timely way,
having regard to the requirements of these rules and the
circumstances of the case.(5) An order may be made under subrule (4) in the absence
of any party.
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Part 2 Rules of the Supreme Court 1971 amended r. 9
(3) Delete Order 4A rule 25 and insert: 25. Parties to be notified of case being on Inactive Cases List
(1) When an order is made under rule 22(4), or an order
made under rule 23(1) takes effect, or a case is taken to
be inactive under rule 24, the Principal Registrarmust —
(a) put the case on the Inactive Cases List; and (b) give all parties to the case written notice of — (i) the fact that the case is on the Inactive Cases List and why; and
(ii) the effect of rule 28.
(2)
If under subrule (1)(b) written notice is given to a party to the case by giving the notice to a practitioner for the party, the practitioner must, as soon as practicable after
receiving the notice, notify the party of —
(a)
the fact that the case is on the Inactive Cases List and why; and
(b) the effect of rule 28.
(4) Delete Order 4A rule 26(1) and (2) and insert:
(1) If a case is on the Inactive Cases List, only these
documents may be filed in the Court in relation to thecase —
(a) a request for an order under rule 27(1); (b)
a notice of discontinuance by the plaintiff under Order 23 rule 2;
(c)
a request made by the plaintiff or the defendant for leave under Order 23 rule 2;
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Rules of the Supreme Court 1971 amended Part 2 r. 10
(d)
a written consent under Order 43 rule 16 to the making of an order that would finally dispose of the case.
(2) If the plaintiff or defendant in a case on the Inactive
Cases List files a request for leave under Order 23
rule 2, the Court may grant leave under that rule even
though the case has not been removed from that list.
(5) In Order 4A rule 27(1) delete “apply” and insert: make a request (6) Delete Order 4A rule 28(1) and insert:
(1) If a case is on the Inactive Cases List for 6 continuous
months after the date on which notice is given under
rule 25(1)(b) to the parties to the case, the case is taken
to have been dismissed for want of prosecution.(1A) If notice is given under rule 25(1)(b) to different parties
to the case on different dates, then, for the purposes of
subrule (1), notice is taken to have been given on the
last of those dates.
Note: The heading to amended Order 4A rule 28 is to read: Certain cases taken to have been dismissed
10. Order 6 amended
(1) In Order 6 rule 2 delete “libel” and insert: defamation by publication
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Part 2 Rules of the Supreme Court 1971 amended r. 11
(2) In Order 6 rule 3(b) delete “libel, slander,” and insert: defamation,
Note: The heading to amended Order 6 rule 2 is to read: Action for defamation by publication
11. Order 7 amended
In Order 7 rule 4(1) delete “may issue a summons (to a hearing
at least 7 days after it is issued) to the plaintiff to show cause
why the writ should not be struck out.” and insert:
may, by notice, direct that a hearing be held, at least 7 days after
the direction is made, where the plaintiff must show cause why
the writ should not be struck out.
12. Order 14 amended
In Order 14 rule 7 delete “all such directions as to the further
conduct of the action as might be given on a summons for
directions under Order 29,” and insert:
directions as to the further conduct of the action
13. Order 16 amended
In Order 16 rule 3 delete “all such directions as to the further
conduct of the action as might be given on a summons for
directions under Order 29” and insert:
directions as to the further conduct of the action
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Rules of the Supreme Court 1971 amended Part 2 r. 14
14. Order 20 amended
(1) In Order 20 rule 13A(1), (2), (3) and (4) delete “libel or slander” and insert: defamation (2) In Order 20 rule 21(4)(a) delete “libel, slander,” and insert: defamation, 15. Order 29 deleted
Delete Order 29.
16. Order 33 amended
(1) Delete Order 33 rule 1 and insert: 1. Entry for trial
A party cannot enter a cause, matter or issue for trial
unless —
(a) the party is satisfied — (i) that all of the interlocutory steps in relation to the cause, matter or issue are complete; and
(ii) that the cause, matter or issue is ready for entry;
or
(b) the party is directed by the Court to do so.
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Part 2 Rules of the Supreme Court 1971 amended r. 16
(2) Delete Order 33 rule 2(1) and insert:
(1) In this rule — entry period, in relation to a direction under rule 1(b),
means the period starting on the day the direction is
given and ending —
(a)
at the time specified in the direction as the time by which the cause, matter or issue must be entered for trial; or
(b)
if a time by which the cause, matter or issue must be entered is not specified in the direction, 4 weeks after the day on which the direction is given.
(1A) A party may enter a cause, matter or issue for trial if
another party has been directed under rule 1(b) to enter
the cause, matter or issue for trial and has not done so
before the end of the entry period.(1B)
A party may apply to the Court for an order dismissing, for want of prosecution, a cause or matter in respect of
a plaintiff’s claim or an issue raised by a plaintiff against the party, if the plaintiff has been directed
under rule 1(b) to enter the cause, matter or issue for
trial and has not done so before the end of the entry
period.(3) In Order 33 rule 2(2) after “application” insert: under subrule (1B) (4) Delete Order 33 rule 2(3). (5) Delete Order 33 rules 5 to 13.
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Rules of the Supreme Court 1971 amended Part 2 r. 17
(6) Before Order 33 rule 14(1) insert: (1A) This rule applies unless otherwise directed by the
Court.(7) In Order 33 rule 14(2) delete “trial then, subject to any order of
the Court” and insert:the trial, (8) In Order 33 rule 14(3) delete “shall, if so ordered,” and insert: must
Note: The heading to amended Order 33 rule 2 is to read: Consequences of failing to enter for trial as directed
17. Order 34 amended
(1) Before Order 34 rule 1 insert: 1A. Outlines for trial
(1) Unless the Court orders otherwise, each party who is
directed to provide an outline must file and serve it oneach other party —
(a)
if the outline is on paper, at least 4 clear days before the trial; or
(b)
if the outline is in a digital form, at least 2 clear days before the trial.
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Part 2 Rules of the Supreme Court 1971 amended r. 18
(2) A party’s outline must contain —
(a)
a summary of the submissions the party intends to make at the trial; and
(b)
if the party considers it would be useful at the trial, a chronology of relevant events; and
(c)
a list of the cases and legislation referred to in the submissions.
(2) In Order 34 rule 6:
(a) delete “libel or slander,” and insert: defamation
(b) delete “libel or slander” and insert: defamation
Note: The heading to amended Order 34 rule 6 is to read: Evidence in mitigation of damages for defamation
18. Order 36A amended
Delete Order 36A rules 1 to 9 and insert:
1. Expert evidence
(1) A party may not adduce expert evidence at a trial of a cause or matter unless —
(a)
the case manager for the case has directed that the party may do so; and
(b)
the party has complied with all directions given in relation to that expert evidence.
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Rules of the Supreme Court 1971 amended Part 2 r. 19
(2) A party who is required to disclose expert evidence by
a time set out in a direction may not, after that time,
object to the disclosure on the ground of privilege as
defined in the Evidence Act 1906 section 32A.
19. Order 36B amended
(1) In Order 36B rule 6(3) delete “rule 5(1),” and insert: rule 4(1), (2) Delete Order 36B rule 10(5) and (6) and insert:
(5) Unless the Court orders otherwise, a registrar may, at the registrar’s discretion, cause to be destroyed a
document produced in compliance with a subpoena
if —
(a) the document is declared by the addressee to be a copy; and (b) the registrar has given the issuing party at least 14 days’ notice of the intention to destroy the
document and that period has expired.
(6)
Unless the Court orders otherwise, a registrar must not destroy a document under subrule (5) if the document has become an exhibit in a proceeding and is required in connection with the proceeding, including on any
appeal.
(3) In Order 36B rule 12(2) delete “rule 5(1),” and insert: rule 4(1),
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Part 2 Rules of the Supreme Court 1971 amended r. 20 20. Order 43 amended
In Order 43 rule 16(1) delete “proceedings, other than an order
that amends, cancels or is inconsistent with an interlocutory
order made by a case manager under Order 4A.” and insert:
proceedings.
21. Order 51 amended
(1) Delete Order 51 rule 3(3). (2) In Order 51 rule 3(4) delete “recognisance or undertaking” and insert: security referred to in subrule (2) 22. Order 52 amended
Delete Order 52 rule 7(2).
23. Order 58 amended
(1) Delete Order 58 rule 19(2) to (6) and insert:
(2) The plaintiff must not apply for an appointment under subrule (1) unless —
(a) the plaintiff is ready to proceed; and (b)
as far as is known to the plaintiff, the matter is ready for hearing.
16 August 2017 GOVERNMENT GAZETTE, WA 4417 Supreme Court Rules Amendment Rules 2017
Rules of the Supreme Court 1971 amended Part 2 r. 24
(3) Unless the Court orders otherwise, at least 14 days
before the time fixed for the hearing of the originating
summons, the plaintiff must serve upon each defendantwho has entered an appearance a copy of —
(a) the notice in Form 76; and (b)
each affidavit in support, not being an affidavit in reply to an affidavit filed by a defendant.
(4) If a plaintiff has not applied for an appointment under subrule (1) —
(a)
a defendant who has entered an appearance may, with the leave of the Court, and on any terms that the Court may order, obtain an appointment for the hearing of the originating summons fixed by a notice in Form 76 which must be sealed in the Central Office; and
(b)
a defendant who obtains an appointment under paragraph (a) must, unless the Court orders otherwise, at least 14 days before the time fixed for the hearing, serve a copy of the notice in Form 76 on the plaintiff and every other party who has entered an appearance.
(2) Delete Order 58 rule 20. 24. Order 59 amended
Delete Order 59 rule 3(1) and (2) and insert:
(1) If these rules do not require or authorise an application in chambers to be made in some other manner —
(a)
an application to commence proceedings in chambers must be made by originating summons; and
4418 GOVERNMENT GAZETTE, WA 16 August 2017 Supreme Court Rules Amendment Rules 2017
Part 2 Rules of the Supreme Court 1971 amended r. 25
(b) any other application in chambers must be made —
(i) if it is ex parte, by motion; or
(ii) in any other case, by summons.
Note: The heading to amended Order 59 rule 3 is to read: Applications in chambers
25. Order 60A amended
(1) Delete Order 60A rule 1(1)(aa). (2) In Order 60A rule 2(1), (2), (3) and (4) delete “case
management”.(3) In Order 60A rule 2(5) delete “made by a case management” and insert: or case management direction made by a 26. Order 67 amended
(1) After Order 67 rule 18 insert: 18A. Filing documents (1) In this rule —
complying document means a document the form and
content of which comply with these rules and anyCourt order or direction.
(2) A person who is required by these rules or the Court to
file a document, or who wants to do so, must, in
accordance with subrule (3), present a complying
document to the Central Office for filing.
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Rules of the Supreme Court 1971 amended Part 2 r. 26
(3)
The complying document must be presented for filing to the Central Office, together with any fee required to be paid when filing it or with the information the Court needs to enable the Court to be paid the fee, in one of
the following ways —
(a) by delivering it; (b) subject to rule 18B, by posting it; (c) subject to rule 19, by faxing it; (d) subject to rule 20, by using the Court’s website; (e)
in the case of an outline required by Order 34 rule 1A to be filed, subject to rule 21, by emailing it.
(4) A person must not present more than one copy of a
document to the Central Office for filing unless these
rules or the Court require more than one copy to be
filed.(5) If a party is required by these rules or the Court to file a document, the party cannot, without the Court’s leave, refer to or rely on the document in any hearing or in
any other filed document unless it has been filed.(6) If under subrule (5) a party is given leave, the party
must file the document as soon as practicable after the
leave is given.(7) A registrar may refuse to file a document that is
presented for filing if it is not a complying document or
has been presented in contravention of subrule (4).
18B. Filing documents by post
(1) Subject to this rule a document may be filed by post. (2) A document, sent by post to the Central Office must have a cover page stating the following —
(a) the name of the person sending the document;
4420 GOVERNMENT GAZETTE, WA 16 August 2017 Supreme Court Rules Amendment Rules 2017
Part 2 Rules of the Supreme Court 1971 amended r. 27
(b)
the title and number of the proceeding to which the document relates;
(c) a description of the document.
(3) The document must be posted —
(a) in an A4 or larger envelope; and (b)
to the postal address of the Central Office specified in the practice directions published by the Court from time to time.
(2) After Order 67 rule 20 insert: 21. Outlines may be filed by email
A party required by Order 34 rule 1A to file an outline
may do so by emailing it in accordance with the
practice directions published by the Court from time to
time.
27. Order 75 amended
In Order 75 rule 5 delete “the status conference” and insert:
a case management conference
28. Order 75A amended
In Order 75A rule 2(1) delete “to be admitted” and insert:
for admission
Note: The heading to amended Order 75A rule 2 is to read: Application for admission
16 August 2017 GOVERNMENT GAZETTE, WA 4421 Supreme Court Rules Amendment Rules 2017
Rules of the Supreme Court 1971 amended Part 2 r. 29
Note: The heading to Order 75A rule 3 is to read:
Attendance at hearing of application for admission
29. Schedule 2 amended
(1) Delete Schedule 2 Forms 19 and 20. (2) In Schedule 2 Form 22A:
(a) delete the passage that begins with “If you declare” and ends with “on any appeal.” and insert:
If you declare that all of the materials you produce are copies the registrar may destroy the copies when they are no longer required by the Court.
(b) delete the passage that begins with “If the material” and ends with “Declaration below.” and insert:
If you declare that the material you produce includes any original document the registrar may, when the material is no longer required by the Court, return all of the material to you at the address specified by you in the Declaration below.
(c) delete “the Court will destroy” and insert: the Court may destroy
(d) delete “the material should be” and insert: the material may be
4422 GOVERNMENT GAZETTE, WA 16 August 2017 Supreme Court Rules Amendment Rules 2017
Part 2 Rules of the Supreme Court 1971 amended r. 29
(3) Delete Schedule 2 Forms 39 and 40 and insert: 39. Judgment after trial without jury (O. 42 r. 1)
Supreme Court of Western Australia No.: General Division Judgment after trial without jury Parties Plaintiff Defendant Trial details This case was tried in the Supreme Court without a jury on [date(s)]. Judgment On [date] the Court ordered that judgment as described below be entered for the [party]. Judgment [Set out the Court’s orders.] details [Set out details of any taxation of costs as in Form 32.] Date judgment Judgment dated and entered on [date]. entered 40. Judgment after trial with jury (O. 42 r. 1)
Supreme Court of Western Australia No.: General Division Judgment after trial with jury Parties Plaintiff Defendant Trial details This case was tried in the Supreme Court with a jury on [date(s)]. Jury’s findings The jury found [state finding as in officer’s certificate]. Judgment On [date] the Court ordered that judgment as described below be entered for the [party]. Judgment [Set out the Court’s orders.] details [Set out details of any taxation of costs as in Form 32.] Date judgment Judgment dated and entered on [date]. entered (4) In Schedule 2 Form 60:
(a) delete “[the master in chambers,” and insert: the
16 August 2017 GOVERNMENT GAZETTE, WA 4423 Supreme Court Rules Amendment Rules 2017
Rules of the Supreme Court 1971 amended Part 2 r. 29
(b) delete “Perth]” and insert: Perth
(5) In Schedule 2 Form 61:
(a) delete “[the master in chambers,” and insert: the
(b) delete “Perth]” and insert: Perth
(6) Delete Schedule 2 Form 63. (7) In Schedule 2 Form 65 delete “[or Mr. Justice ]”. (8) In Schedule 2 Form 73 delete “[or before Justice ]”. (9) In Schedule 2 Form 76:
(a) delete “defendant]” and insert: defendant or plaintiff]
(b) delete “the judge [or master] in chambers at”; (c) delete “judge [or master] may think” and insert: Court thinks
(d) delete “Solicitor for the plaintiff.” and insert: Solicitor for
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Part 2 Rules of the Supreme Court 1971 amended r. 30
(10) In Schedule 2 Form 77 delete “judge [or master] in chambers” and insert: Supreme Court (11) In Schedule 2 Form 82 delete “master in his chambers,”. (12) In Schedule 2 Form 100:
(a) delete “Before His Honour in chambers.”;
(b) delete “it is ordered” and insert: the Court orders
30. Schedule 2 amended
(1) Delete Schedule 2 Form 64 and insert: 64. Notice of originating motion (O. 54 r. 5)
In the Supreme Court of Western Australia
*General Division/Court of Appeal No. Notice of originating motion
Parties Plaintiff Defendant Notice At the hearing below in the *Supreme Court/Court of Appeal, the [name of party] will apply for [state concisely the nature of the claim or the relief or remedy sought].
Grounds of application
The grounds of the application are:
[State grounds in numbered paragraphs]
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Rules of the Supreme Court 1971 amended Part 2 r. 30
Hearing details
The court will hear this application —
on [date] at [time],
at the *Supreme Court, David Malcolm Justice Centre, 28 Barrack Street,
Perth.
*Supreme Court of Western Australia, Court of Appeal, Stirling Gardens,Barrack Street, Perth.
*Short notice
On [date], under the Rules of the Supreme Court 1971 Order 54 rule 4, the
Court abridged the time for serving this notice.
Applicant’s service details1
*Name of lawyer:
*Address where lawyer conducts business:
Postal address for service of documents:
*Email address:*Fax no.: ........................................... *Telephone no.: .........................
Applicant’s signature
.......................................................... Date: .............................. Applicant/Applicant’s lawyer Footnotes to Form 64 — * Delete the inapplicable. 1. Must be provided unless otherwise ordered by the Court. See Order 71A r. 2 and 3A. (2) In Schedule 2 Form 74:
(a) delete “judge [or master] sitting to hear such summons” (each occurrence) and insert:
Court
4426 GOVERNMENT GAZETTE, WA 16 August 2017 Supreme Court Rules Amendment Rules 2017
Part 2 Rules of the Supreme Court 1971 amended r. 30
(b) delete “judge [or master] may think” and insert: Court thinks
(3) In Schedule 2 Form 75:
(a) delete “the judge [or master] in chambers at”; (b) delete “judge [or master] may think” and insert: Court thinks
16 August 2017 GOVERNMENT GAZETTE, WA 4427 Supreme Court Rules Amendment Rules 2017
Supreme Court (Court of Appeal) Rules 2005 amended Part 3 r. 31
Part 3 — Supreme Court (Court of Appeal)
Rules 2005 amended
31. Rules amended
This Part amends the Supreme Court (Court of Appeal)
Rules 2005.
32. Rule 47 amended
Delete rule 47(1) and insert:
(1) In this rule — approved mediator means —
(a) the Court of Appeal Registrar; or (b)
an approved mediator as defined in the RSC Order 4A rule 1.
The Hon. Chief Justice WAYNE MARTIN AC,
Chief Justice of Western Australia,Supreme Court of Western Australia.
Date 14 August 2017.
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