Western Australian Current Regulations
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RULES OF THE SUPREME COURT 1971
TABLE OF PROVISIONS
ORDER 1 -- Application, elimination of delay and forms
1.1. Short title
1.2. Commencement and saving
1.3. Certain proceedings excluded
1.3A. Inherent powers not affected
1.4. Terms used
1.4A. Delays, elimination of
1.4B. Case flow management, use and objects of
1.4C. Parties to notify settlement
1.6. Forms
1.6A. Forms under Restraining Orders Act 1997
1.7. Court fees
1.8. Documents given to authorised users or Court by means of ECMS
ORDER 2 -- Effect of non‑compliance
2.1. Non‑compliance with rules
2.2. Application to set aside for irregularity
ORDER 3 -- Time
3.1. Term used: month
3.2. Reckoning periods of time
3.3. Period between 24 Dec and 15 Jan excluded when computing time
3.4. Time expiring on day Central Office closed, effect of
3.5. Extending and abridging time
3.6. Extension of time where security ordered
3.7. Notice of intention to proceed after year’s delay
ORDER 4A -- Case management
Division 1 -- Preliminary matters
4A.1. Terms used
4A.2. Term used: case management direction
4A.3. Term used: enforcement order
4A.4. Inconsistencies with other rules
Division 2 -- Provisions applicable to all cases
4A.4A. Case management conferences
4A.5. Case manager may review case at any time
4A.5A. Requesting interlocutory orders and case management directions
4A.5B. Request under r. 5A by letter
4A.5C. Request under r. 5A at case management conference or hearing
4A.6. Timetables
4A.7. Attendance at proceedings under this Order
4A.8. Conferences of parties with mediator
4A.9. Referees
Division 3 -- Cases on the CMC List
4A.10. Application of this Division
4A.11. Cases on CMC List
4A.12. Headings to documents
4A.13. CMC List case manager may direct case to be on or taken off CMC List
4A.14. Requesting case be put on CMC List
4A.14A. Strategic conferences
4A.15. Interlocutory hearings
Division 4 -- Cases not on the CMC List
4A.16. Application of this Division
4A.18. Case management conferences for cases not on CMC List
4A.19. Powers of case manager at case management conferences for cases not on CMC List
4A.20. Listing conference
Division 5 -- Inactive Cases List
4A.21. Term used: Inactive Cases List
4A.22. Case manager may direct party to show cause
4A.23. Springing order that case be put on Inactive Cases List
4A.24. Cases inactive for 12 months deemed inactive
4A.25. Parties to be notified of case being on Inactive Cases List
4A.26. Consequences of case being on Inactive Cases List
4A.27. Removing cases from Inactive Cases List
4A.28. Certain cases taken to have been dismissed
ORDER 4 -- Mode of commencing proceedings: applications in pending proceedings
4.1. Commencing civil proceedings
4.2. Applications in pending proceedings
4.3. Individual may act in person or by solicitor; body corporate must act by solicitor
ORDER 4AA -- Mortgage actions
4AA.1. Terms used
4AA.2. Application
4AA.3. Commencing mortgage actions
4..4. Transitional provision for former ORDER 62A
ORDER 5 -- Writs of summons
5.1. Form of writ
5.2. Writ for service outside WA, form of
5.3. Place of trial to be shown
5.4. Place of issue
5.5. Preparation of writ
5.6. Sealing of writ
5.7. Copy to be left with officer
5.8. Writ to be recorded when issued
5.9. Writ for service outside Australia, leave to issue needed
5.10. All writs to be in name of Chief Justice or Senior Puisne Judge
5.11. Time for appearance to be stated in writ
ORDER 6 -- Indorsement of claim: other indorsements
6.1. Nature of claim etc. to be indorsed on writ
6.2. Action for defamation by publication
6.3. Statement of claim may be indorsed on writ in some actions
6.4. Claim for liquidated demand, indorsements required for, costs etc.
6.5. Representative character
6.6. Claim for account
6.7. Writ etc. to state contact details
ORDER 7 -- Duration and renewal of writ: concurrent writs
7.1. Duration and renewal of writ
7.2. Proof of extension of validity of writ
7.3. Concurrent writs
7.4. Unserved writs may be struck out
ORDER 8 -- Disclosure by solicitors: change of solicitors
8.1. Solicitor to declare, if required to, whether writ issued by him
8.2. Change of solicitor
8.4. Appointment of solicitor by self-represented person
8.5. Intention to act in person, notice of
8.5A. Form and content of notices
8.6. Removal of solicitor from record
8.7. Withdrawal of solicitor who has ceased to act for party
8.8. Effect of order made under this Order
8.9. Service details of party whose solicitor is removed
8.11. Solicitor not to act for adverse parties
8.12. Legal practitioner or clerk not to be security
ORDER 9A -- Interested non‑parties
9A.1. Terms used
9A.2. Parties to advise identity of interested non‑parties
9A.3. Duties of interested non‑party
9A.4. Disclosure of agreements relating to litigation funding
ORDER 9 -- Service of originating process: general provisions
9.1. Service of writ, general provisions
9.2. Service of writ as to contract on agent of principal who is outside WA
9.3. Serving writ in accordance with contract, effect of
9.4. Writ for possession of land where no person in possession, service of
9.5. Service of other originating process
ORDER 10 -- Service out of the jurisdiction
10.1A. When leave to serve is required; application of r. 9 to
10.1. When service out of jurisdiction is permissible
10.2. Service out of jurisdiction of writ etc. as to contract
10.4. Application for leave under r. 1 or
10.5. Time for appearance
10.7. Other documents, service of outside Australia
10.8. Saving of existing practice
10.9. Service abroad through foreign or diplomatic officials
10.10. Service abroad, general and saving provisions
10.11. Undertaking to pay expenses of service
ORDER 11 -- Service of foreign process
11.1. Terms used
11.2A. Application of this Order
11.2. Service pursuant to letter of request for service
11.3. Service under Convention
11.4. Service to be through sheriff
11.5. Consequential orders
ORDER 11A -- Service under the Hague Convention
Division 1 -- Preliminary
11A.1. Terms used
11A.2. Provisions of this Order to prevail
Division 2 -- Service abroad of local judicial documents
11A.3. Application of this Division
11A.4. Application for request for service abroad
11A.5. How application to be dealt with
11A.6. Procedure on receipt of certificate of service
11A.7. Payment of costs
11A.8. Evidence of service
Division 3 -- Default judgment following service abroad of initiating process
11A.9. Application of this Division
11A.10. Restriction on power to enter default judgment if certificate of service filed
11A.11. Restriction on power to enter default judgment if certificate of service not filed
11A.12. Setting aside judgment in default of appearance
Division 4 -- Local service of foreign judicial documents
11A.13. Application of this Division
11A.14. Certain documents to be referred back to Attorney‑General’s Department of Commonwealth
11A.15. Service
11A.16. Affidavit as to service
ORDER 12 -- Appearance
12.1. Who may enter appearance
12.2. How to enter an appearance
12.3. Procedure on receipt of requisite documents
12.4. Appearance to be served on plaintiff
12.5. Late appearance
12.6. Conditional appearance
12.7. Setting aside writ etc. before appearance
12.8. Person not named may defend action for possession of land
12.9. Person appearing under r. 8 to be named as defendant
12.10. Limiting defence in action for possession of land
ORDER 13 -- Judgment in default of appearance to writ
13.1. Plaintiff may enter judgment if defendant fails to enter appearance
13.2. Claim for liquidated demand
13.3. Claims for unliquidated damages
13.4. Claim relating to detention of goods (excluding mortgage actions)
13.5. Claim for possession of land (excluding mortgage actions)
13.6. Mortgage actions
13.7. Content of affidavit required by r. 6(2)(b)(ii)
13.8. Writs for 2 or more claims to which r. 2 to 6 apply
13.9. Writs for other claims
13.10. Entry of judgment for costs only upon writs for other claims
13.11. Reference to Court in case of doubt or difficulty
13.12. Default judgment to inform defendant of certain matters
13.13. Service of default judgment
13.14. Setting aside or varying default judgment
ORDER 14 -- Summary judgment
14.1. When plaintiff may apply for summary judgment
14.2. Application under r. 1, how to make
14.3. Judgment may be given for plaintiff
14.4. Defendant may be given leave to defend
14.6. Summary judgment on counterclaim
14.7. Court’s powers if leave to defend given etc.
14.8. Costs
14.9. Right to proceed with residue of action or counterclaim
14.10. Judgment for delivery of specific chattel
14.11. Relief from judgment for recovery of land
14.12. Summary judgment against absent party may be set aside or varied
ORDER 16 -- Summary judgment on application of defendant
16.1. Application by defendant for summary judgment
16.2. Plaintiff may show cause
16.3. Court’s powers if action to go to trial
16.4. Summary judgment against absent party may be set aside or varied
ORDER 17 -- Interpleader
17.1. When interpleader relief may be granted
17.2. How to apply for interpleader relief
17.3. Time for application by defendant
17.4. Stay of proceedings
17.5. Court’s powers on application
17.6. Summary determination
17.7. Where question of law only
17.8. Claimant failing to appear etc.
17.9. Power to order sale of goods
17.10. Discovery etc. and trial
17.11. One order where several causes pending
17.15. Orders as to costs etc.
ORDER 18 -- Causes of action, counterclaims and parties
18.1. Joinder of causes of action
18.2. Counterclaim against plaintiff
18.3. Counterclaim against additional parties
18.4. Joinder of parties
18.5. Court may order separate trials etc.
18.6. Misjoinder and nonjoinder of parties
18.7. Change of parties by reason of death etc.
18.8. Order made under r. 6 or 7, consequences of
18.9. Failure to proceed after death of party
18.10. Action for possession of land, joining non-party who is in possession
18.11. Relator actions
18.12. Representation of persons with same interest in proceedings
18.13. Representation of interested persons who cannot be ascertained etc.
18.14. Representation of beneficiaries by trustees etc.
18.15. Representation of deceased person interested in proceedings
18.16. Declaratory judgment
18.17. Conduct of proceedings
ORDER 18A -- Representative proceedings under the Civil Procedure (Representative Proceedings) Act 2022
18A.1. Terms used
18A.2. Person must act by legal practitioner
18A.3. Representative Proceedings List; headings to documents
18A.4. Form of consent to be group member
18A.5. Form of opt‑out notice
ORDER 19 -- Third party and similar proceedings
19.1. Third party notice
19.2. Application for leave to issue third party notice
19.3. Issue and service of, and entry of appearance to, third party notice
19.4. Third party directions
19.5. Default of third party etc.
19.6. Setting aside third party proceedings
19.7. Judgment between defendant and third party
19.8. Claims and issues between defendant and another party
19.9. Claims by third and subsequent parties
19.10. Offer of contribution
19.11. Counterclaim by defendant
19.12. Costs
ORDER 20 -- Pleadings
20.1. Statement of claim, service of
20.2. Statement of claim, content of
20.3. Pleadings etc. to be filed before service
20.4. Defence, service of
20.5. Reply and defence to counterclaim, service of
20.6. Pleadings subsequent to reply etc., leave required for
20.7. Pleadings, formal requirements of
20.8. Facts, not evidence, to be pleaded
20.9. Matters which must be specifically pleaded
20.10. Matter may be pleaded whenever arising
20.11. Party’s pleadings to be consistent
20.12. Points of law may be pleaded
20.13. Particulars of claims etc.
20.13A. Particulars in defamation actions
20.14. Admissions, traverses etc.
20.15. Denial by joinder of issue
20.16. Defence of tender not available without payment into court
20.17. Defence of set‑off
20.18. Counterclaim and defence to counterclaim
20.19. Striking out pleadings etc.
20.20. Close of pleadings
20.21. Trial without pleadings
20.22. Preparation of issues
20.23. Collision between vessels, content etc. of Preliminary Act
20.24. Failure to file Preliminary Act
ORDER 21 -- Amendment
21.1. Amending writ without leave
21.2. Amending memorandum of appearance
21.3. Amending pleadings without leave
21.5. Amending writ or pleading with leave
21.6. Amending other originating process
21.7. Amending other documents
21.8. Failure to amend after order
21.9. How amendments to be made
21.10. Clerical errors etc., correcting (slip rule)
21.11. Service of amended documents
ORDER 23 -- Discontinuance
23.1. Withdrawing appearance
23.2. Plaintiff may discontinue; defence etc. may be withdrawn
23.3. Costs
23.4. Subsequent action stayed pending payment
23.5. Withdrawal of summons
ORDER 24 -- Payment into court -- offers to consent to judgment
24.9. In certain cases no payment out without order
24.11. Intestate’s estate, Court may direct some payments without administration
24.12. Regulations (Sch. 3)
ORDER 24A -- Offer of compromise
24A.1. Parties entitled to make offer
24A.2. Application of this Order to counterclaims and third party notices
24A.3A. How to make offer
24A.3. Time etc. for making, accepting etc. offer
24A.4. Time for payment of sum offered
24A.5. Withdrawing acceptance of offer
24A.6. Offer without prejudice
24A.7. Disclosure of offer to Court
24A.8. Failure to comply with accepted offer
24A.9. Multiple defendants
24A.10. Costs
ORDER 25 -- Security for costs
25.1. Factors that are not grounds for ordering security for costs
25.2. Grounds for ordering security for costs
25.3. Court has discretion
25.4. Term used: plaintiff
25.5. Manner of giving security
25.6. Action may be stayed
25.7. Payment out
25.8. Saving
ORDER 26 -- Discovery and inspection
26.1A. Terms used
26.1B. Documents not wholly discoverable
26.1. Discovery without order
26.2. Continuing obligation to give discovery
26.3. Determination of issue relevant to right to discovery
26.4. List of documents and verifying affidavit, form, content and making of
26.5. Defendant entitled to copy of co‑defendant’s list etc.
26.6. Order for information as to particular documents
26.7. Orders as to discovery
26.8. Inspection of documents in list
26.8A. Procedure on discovery
26.9. Order for inspection of documents
26.10. Order for production to Court
26.11. Order for production etc. only if necessary
26.11A. Costs of preparing document to facilitate inspection
26.12. Claim of privilege
26.13. Inspection of copies of business books
26.14. Public interest immunity not affected
26.15. Non‑compliance with requirements for discovery etc.
26.16A. Certificate by legal practitioner
26.16. Revocation and variation of orders
ORDER 26A -- Discovery etc. from non‑parties and potential parties
26A.1. Terms used
26A.2. Public interest immunity not affected
26A.3. Discovery etc. to identify a potential party
26A.4. Discovery from potential party
26A.5. Discovery from non‑party
26A.6. Order 26 applies to discovery ordered under this Order
26A.7. Costs
26A.8. Certificate by legal practitioner for non‑party or potential party
ORDER 27 -- Interrogatories
27.1. Notice of and answers to interrogatories
27.2. Answers, time for and manner of giving
27.3. Interrogatories given to 2 or more parties etc., who has to answer
27.4. Content of answers
27.5. Grounds for objecting to answer
27.6. Answers, who can make
27.7. Failing to answer or to answer sufficiently
27.8. Non‑compliance with order under r. 7
27.9. Use of answers in evidence
27.10. Revoking and varying orders
ORDER 28 -- Medical examination: inspection of physical objects
28.1. Medical examination of a party
28.2. Inspection of physical objects
ORDER 30 -- Admissions
30.1. Admission of other party’s case
30.2. Notice to admit facts
30.3. Judgment on admissions
30.4. Admissions as to and production of documents
30.5. Notice to admit authenticity of documents; notice requiring production of documents at trial
ORDER 31 -- Special cases and stated cases
31.1. Questions of law, stating of in special case
31.2. Preliminary question of law, orders as to
31.3. Preparing special case
31.4. Special case affecting person under disability, leave needed to enter for argument
31.5. Entering special case for argument
31.6. Agreement as to payment of money and costs
31.7. Reference of case to Court of Appeal (Act s. 58(1)(d))
31.8. Cases stated to Court (not Court of Appeal) by other courts etc.
ORDER 32 -- Place and mode of trial
32.1. Trial in circuit town
32.2. Application for trial by jury
32.3. Usual mode of trial, other modes
32.4. Time of trial of questions or issues
32.5. Issues may be tried differently
32.6. Trial with jury to be by single judge
32.7. Disposal of action
32.8. Trial by jury, precepts for etc.
ORDER 33 -- Entry for trial
33.1. Entry for trial
33.2. Consequences of failing to enter for trial as directed
33.3. Notice of entry
33.4. Form of entry for trial
33.14. Papers for judge
ORDER 34 -- Proceedings at trial
34.1A. Outlines for trial
34.1. Absence of both parties at trial
34.2. Absence of one party at trial
34.3. Setting aside judgment given in absence of party
34.4. Adjournment of trial
34.5. Conduct of trial
34.5A. Time etc. limits at trial
34.6. Evidence in mitigation of damages for defamation
34.7. Inspection by judge or jury
34.8. Judgment at or after trial
34.9. Record of proceedings
34.10. Where time occupied by trial excessive
34.11. Entry of findings of fact on trial
34.12. Certificate for entry of judgment
34.13. Exhibits
34.14. Return of exhibits
34.15A. Return of document etc. to non-party who produced it under subpoena
34.16. Death of party before judgment is given
34.17. Impounded documents
34.18. Assessment of damages by master
34.19. Damages to time of assessment
34.20. Writ of inquiry not to be used
ORDER 35 -- Assessors and referees
35.1. Trial with assessors
35.2. Trial before referee
35.3. Evidence before referee
35.4. Authority of referee
35.5. Referee cannot order imprisonment
35.6. Referee may submit question to Court
35.7. Notice of referee’s report
35.8. Adoption etc. of referee’s report in adjourned case
35.9. Adoption etc. of referee’s report where case not adjourned
35.10. Costs
35.11. Application of this Order to other references
ORDER 36 -- Evidence: general
36.1. Facts to be proved usually by oral evidence in open court
36.2. Evidence by affidavit
36.3. Evidence of children etc. (Evidence Act 1906 s. 106S)
36.4. Reception of plans etc. in evidence
36.5. Orders under r. 2 or 4 may be revoked or varied
36.6. Trials of issues etc., evidence in
36.7. Depositions as evidence
36.8. Court documents admissible in evidence
36.9. Evidence at trial may be used in subsequent proceedings
36.10. Evidence in another cause
36.11. Production of documents
36.20. Interest for purposes of Act s. 32
ORDER 36A -- Expert evidence
36A.1. Expert evidence
ORDER 36B -- Subpoenas
36B.1. Terms used
36B.2. Issuing subpoenas
36B.3. Form of subpoena
36B.4. Service of subpoenas
36B.5. Party may request notice that subpoena to produce has been obeyed
36B.5A. Altering date for attendance or production
36B.6. Compliance with subpoena
36B.7. Production otherwise than at a trial
36B.8. Setting aside subpoena to attend to give evidence
36B.8A. Setting aside subpoena to produce and directions as to things to be produced
36B.8B. How requests under r. 8 and 8A to be made
36B.9. Inspecting and dealing with documents and things produced otherwise than at a trial
36B.10. Disposal of documents and things produced
36B.11. Costs and expenses of compliance
36B.12. Failure to comply with subpoena is contempt of court
36B.13. Documents and things in custody of court
ORDER 37 -- Affidavits
37.1. Title of affidavits
37.2. Form of affidavits
37.3. Affidavits by 2 or more deponents
37.5. Irregularity
37.6. Contents of affidavits
37.7. Scandalous matter
37.9. Exhibits
37.13. Affidavits to be filed
37.14. Affidavits not to be filed out of time without leave
37.15. Alterations in accounts
37.16. This Order additional to Oaths, Affidavits and Statutory Declarations Act 2005
ORDER 38 -- Evidence by deposition
38.1. Power to order depositions to be taken
38.4. Enforcing attendance of witness
38.5. Refusal of witness to attend or be sworn
38.6. Time and place of examination, notice of
38.7. Documents to be given to examiner
38.8. Practice on examination
38.9. Expenses of witnesses
38.10. Additional witnesses may be examined with parties’ consent
38.11. How depositions to be taken
38.12. Objection to questions
38.13. Examiner may give Court special report
38.14. Oaths
38.15. Perpetuating testimony
38.16. Examiner’s fees
38.17. Payment of examiner’s fees
ORDER 38A -- Examination of witnesses outside the State
38A.1. Terms used
38A.2. Order applies to Act s. 110 and
38A.3. Applications under Act s. 110 and 111 in civil proceedings
38A.4. Application under Act s. 110 and 111 in criminal proceedings
38A.5. Orders under Act s. 110 and 111
38A.6. Manner of examination
38A.7. Examiner’s remuneration
ORDER 39 -- Taking of evidence for foreign and Australian courts
39.1. Terms used
39.2. Applications under Act s. 116
39.3. Orders under Act s. 117
39.4. Examiner’s remuneration
39.4A. Examiner’s power to administer oaths
39.5. Transmission of depositions
39.6. Procedure where witness claims privilege
ORDER 39A -- Trans‑Tasman Proceedings Act 2010 (Commonwealth) rules
Division 1 -- General
39A.1. Term used: Act
39A.2. Application of this Order
Division 2 -- Subpoenas to be served in New Zealand
39A.2A. Form of subpoenas
39A.3. Leave to serve subpoena (Act s. 31)
39A.4. Setting aside subpoena (Act s. 35 and 36)
39A.5. Failure to comply with subpoena (Act s. 38)
Division 3 -- Remote appearances from New Zealand
39A.6A. Appearances by audio link or audiovisual link (Act s. 48)
39A.6. Evidence by audio link or audiovisual link (Act s. 50)
Division 4 -- Registration and enforcement of NZ judgments
39A.7. Setting aside registration of NZ judgment (Act s. 72)
39A.8. Stay of enforcement of registered NZ judgment (Act s. 76)
ORDER 40 -- Court experts
40.1. Terms used
40.2. Court expert, appointment of etc.
40.3. Report of Court expert
40.4. Cross‑examination of Court expert
40.5. Remuneration of Court expert
40.6. Further expert witnesses
ORDER 41 -- Motion for judgment
41.1. Judgment to be on motion
41.2. When motion for judgment may be set down after trial etc.
41.3. Motion for judgment before trial etc. of all issues
41.4. Motion for judgment to be set down within one year
41.5. Court may draw inferences and determine questions
ORDER 42 -- Entry of judgment
42.1. Mode and form of entry
42.2. Date from which judgment or order takes effect
42.3. Orders to do an act, time for obeying to be specified
42.4. Entering judgment on filing of affidavit etc.
42.5. Entering judgment pursuant to order etc.
42.6. Entering judgment on certificate of master or registrar
42.7. Entering judgment by consent when party appears by solicitor
42.8. Entering judgment by consent where defendant has not appeared or is self‑represented
42.9. Satisfaction of judgments
ORDER 43 -- Drawing up judgments and orders
43.1. Drawing up etc. judgments etc.
43.2. When order need not be drawn up
43.3. Authentication of judgments and orders
43.4. Judgments and orders to be court record; issue and use of duplicates
43.5. Amending orders
43.6. Draft judgment or order to be filed
43.7. Appointment to settle draft
43.8. Attendance on settling draft
43.9. Default of attendance on settling draft
43.10. Dispensing with appointment
43.11. Registrar’s and Court’s powers to settle judgments etc.
43.12. Party to engross settled judgment or order
43.13. Certificate for special allowance on taxation of costs
43.14. Entry of judgments and orders
43.15. Application to vary
43.16. Consent orders
ORDER 44A -- Foreign Judgments Act 1991 (Commonwealth) rules
44A.1. Terms used
44A.2. Application of this Order
44A.3. Application for registration (Act s. 6)
44A.4. Evidence in support of application
44A.5. Security for costs
44A.6. Order for registration
44A.7. Record to be kept of registered judgments
44A.8. Notice of registration
44A.9. Indorsement of service
44A.10. Application to set aside registration
44A.11. Enforcing registered judgment
44A.12. Determination of certain questions
44A.13. Certified copy of judgment obtained in this State
ORDER 45 -- Accounts and inquiries
45.1. Summary order for account to be taken
45.2. Direction for accounts etc. may be made at any stage
45.3. Directions to be numbered
45.4. Directions as to mode of taking account
45.5. Account to be verified
45.6. Vouchers and contested etc. items, directions as to
45.7. Surcharge or error, notice of
45.8. Allowances that can be made without direction
45.9. Expediting proceedings
45.10. Distributing fund before all persons entitled are ascertained
45.11. Master etc. may be ordered to take accounts or make inquiries
45.12. Right to adjournment from registrar etc.
ORDER 46 -- Civil Judgments Enforcement Act 2004 rules
46.1. Terms used
46.2. Applications that may be dealt with by registrar
46.3. Enforcing judgment in action between partners
ORDER 51 -- Receivers
51.1. Application for receiver and injunction
51.3. Security to be given by receiver
51.4. Remuneration of receiver
51.5. Accounts by receiver
51.6. Payment of balances by receiver
51.7. Default by receiver
51.8. Final accounts to be filed
51.9. Compensation to party restrained
51.10. Compensation by applicant to party restrained
51.11. Application to Civil Judgments Enforcement Act 2004
ORDER 52 -- Interlocutory injunctions, interim preservation of property
52.1. Application for injunction
52.2. Detention etc. of property; securing funds in dispute
52.3. Power to order taking of samples etc.
52.4. Disposal of perishable property etc.
52.5. Order for early trial on application for receiver, injunction etc.
52.6. Recovering personal property subject to lien
52.7. Directions
52.8. Allowance of income or transfer of property during case
52.9. Injunction to include undertaking as to compensation to party restrained
52.10. Compensation to party restrained by undertaking
ORDER 52A -- Freezing orders
52A.1. Terms used
52A.2. Freezing order
52A.3. Ancillary order
52A.4. Respondent need not be party to proceeding
52A.5. Order against judgment debtor, prospective judgment debtor or third party
52A.6. Court’s other jurisdiction not affected
52A.7. Service outside Australia of application for order
52A.8. Costs
ORDER 52B -- Search orders
52B.1. Terms used
52B.2. Search order
52B.3. Requirements for making of search order
52B.4. Court’s other jurisdiction not affected
52B.5. Terms of search order
52B.6. Independent solicitors, appointment of etc.
52B.7. Costs
ORDER 53 -- Sales of land by the Court
53.1. Term used: land
53.2. Power to order sale of land
53.3. Manner of sale
53.4. Directions
53.5. Certificate of sale
53.6. Mortgage, exchange or partition
53.7. Reference of matters to counsel
53.8. Objection to counsel’s opinion
ORDER 54 -- Originating and other motions
54.1. Application of this Order
54.2. Which applications to be made by motion
54.3. Notice of motion
54.4. Time of notice of motion
54.5. Form of notice of motion
54.6. Issue of notice of motion
54.7. Service of notice of motion with writ etc.
54.8. Adjournment etc.
ORDER 55 -- Committal and attachment
55.1. Term used: contemnor
55.2. Committal for contempt of court
55.3. Contempt in face of Court
55.4. Other cases of contempt
55.5. Form and service of notice or summons
55.6. Arresting contemnors
55.7. Punishing contemnors
55.8. Execution of committal order may be suspended
55.9. Discharge from committal
55.10. Saving for other powers
55.11. Court may make peremptory order in first instance
55.12. Application of r. 6 to 9 to attachment etc.
ORDER 56 -- Judicial review
Division 1 -- General
56.1. Terms used
56.2. Making an application
56.3. Serving an application
56.4. Options of person served with application
56.5. Procedure on application
56.6. Discovery and interrogatories
56.7. Costs
56.10. Issue and filing of writs
Division 2 -- Certiorari
56.14. Forms
Division 3 -- Mandamus
56.15. Applicant to show interest etc.
56.16. Form of writ
56.17. Time for return of writ
56.18. Service
56.19. Service on corporate body, or justices
56.20. Return, content etc. of
56.21. Pleading to return
56.22. No motion for judgment needed in some cases
56.23. Peremptory writ
56.24. Costs
56.25. Proceedings in nature of interpleader
56.26. Proceedings not to abate due to death etc.
56.28. Mandamus by order
56.29. No action against party obeying writ or order
Division 4 -- Prohibition and procedendo
56.30. Court may direct service of statement of claim instead of issuing prohibition
56.31. Proceedings on judgment
56.32. Writ of procedendo
56.33. Prohibition by order
Division 5 -- Quo warranto
56.34A. Application for information of quo warranto
56.34. Rules of court applicable
56.35. Signature and service of information
ORDER 56A -- Review orders under the Magistrates Court Act 2004
56A.1. Terms used
56A.2. Application for review order, making
56A.3. Application for review order, procedure on
56A.4. Review order, service of
56A.5. Review order, hearing of
56A.6. Final order, making and service of
ORDER 57 -- Habeas corpus
57.1. Application for writ
57.2. Power of Court when ex parte application made
57.3. Copies of affidavits to be supplied
57.4. Court may order release of person restrained
57.5. Signed copy of writ to be filed
57.6. Order for issue of writ, contents of
57.7. Service of writ and notice
57.8. Return to writ of habeas corpus
57.9. Procedure on hearing
57.10. Form of writ
ORDER 58 -- Proceedings by originating summons
Division 1 -- Introductory
58.1. Which proceedings to be commenced by originating summons
Division 2 -- Administration and trusts
58.2. Executors etc. seeking certain relief without administration
58.3. Executors etc. applying for administration
58.4. Service of summons issued under r. 2 or 3
58.5. Decision without judgment for administration
58.6. Orders which may be made on application for administration etc. of trusts
58.7. Interference with discretion of trustee etc.
58.8. Conduct of sale of trust property
Division 4 -- Declaration on originating summons
58.10. Construction of written instruments
58.11. Construction or validity of legislation
58.12. Court may refuse to determine summons in some cases
58.13. Effect of contracts for sale etc. of land
Division 5 -- General
58.14. Form and issue of originating summons
58.15. Order 7 applies to originating summons
58.16. Time for appearance
58.17. Entry of appearance
58.18. When appearance not required
58.18A. Time for service where appearance not required
58.19. Fixing time for hearing summons
58.21. Evidence at hearing to be by affidavit
58.22. Hearings in absence of party
58.23. Order made ex parte may be set aside
58.24. Costs thrown away by non‑attendance of party
58.25. Hearings not completed on hearing date
58.26. Other matters that may be included in one summons
58.27. Directions as to hearings, evidence etc.
58.28. Adjourning hearings
58.29. Court’s powers and procedure at hearings
58.30. Transfer of Land Act 1893 s. 129C applications, directions as to
ORDER 59 -- Applications and proceedings in chambers
59.1. Business to be dealt with in chambers
59.2. Hearings may be in open court or chambers
59.3. Applications in chambers
59.4. Form and issue of summons
59.5. Summons, service of
59.6. Experts, assistance of
59.7. Application of O. 58 r. 22 to 28
59.8. Stay of proceedings, ordering
59.9. Parties to confer before making application
59.10. Orders, form of
ORDER 60 -- Masters’ jurisdiction
60.1. Masters’ general jurisdiction
60.2. Master may refer matter to judge or Court of Appeal
ORDER 60A -- Jurisdiction of registrars and appeals from registrars’ decisions
60A.1. Registrars’ general jurisdiction
60A.2. Registrars’ jurisdiction with respect to case management
60A.2A. Registrars to deal with applications within their jurisdiction
60A.3. Registrar may refer proceedings to judge or master
60A.4. Appeals from decisions of registrars
60A.5. Appeal procedure
60A.6A. Other parties to appeal to advise certain matters
60A.6. Appeal is by way of new hearing
60A.7. This Order not to apply to Court of Appeal Registrar
ORDER 61 -- Proceedings under judgments and orders
Division 1 -- Application of order
61.1. Application to proceedings under orders
Division 2 -- Summons to proceed
61.2. Summons to proceed, requirement for and proceedings on
61.3. Notice of judgment, Court may order service of in some cases
61.4. Settling deed if parties differ, procedure for
61.5. When service of notice of judgment may be dispensed with
61.6. Judgment for accounts etc., power to bind persons in some cases
61.7. Procedure where some parties not served etc.
61.8. Course of proceedings in chambers
Division 3 -- Attendances
61.9. Classifying interests of parties
61.10. Judge may require distinct solicitor to represent parties
61.11. Attendance of parties not directed to attend
61.12. Order stating parties directed to attend
Division 4 -- Claims of creditors and other claimants
61.13. Advertisements for creditors etc., power to direct
61.14. Advertisements, preparation etc. of
61.15. Advertisements, contents of
61.15A. Claims to state claimant’s contact details
61.16. Failure to claim within specified time
61.17. Examination and verification of claims
61.18. Adjudicating on claims
61.19. Adjourning adjudications; fixing time for filing evidence etc.
61.20. Service of notice of judgment on certain claimants
61.21. Notice of claims allowed or disallowed
Division 5 -- Interest
61.23. Interest on debts
61.24. Interest on legacies
Division 6 -- Masters’ and registrars’ certificates
61.25. Master’s certificate
61.26. Settling and filing master’s certificate
61.27. Judge may determine questions in proceedings before master
61.28. Appeal against master’s certificate
61.28A. Judge may discharge or vary registrar’s certificate
Division 7 -- Further consideration
61.29. Summons to have matter in chambers further considered
ORDER 62 -- Trustees Act 1962 rules
62.1. Making applications under Act
62.2. Title of proceedings
62.3. Payment into court under Act s. 99
62.4. Notice of payment in etc.
62.5. Applications in respect of money etc. paid into court
ORDER 65 -- Appeals to the General Division
Division 1 -- Preliminary matters
65.1. Terms used
65.2. Application of this Order
Division 2 -- General matters
65.3. Hearings by telephone
65.4. Judge’s general jurisdiction
65.5. Non‑attendance by party, consequences of
65.6. Decisions made in absence of party
65.7. Decisions made on the papers
Division 3 -- Procedure on appeals
65.8. Nature of appeals
65.9. Time for appealing
65.10. Appeal, how to commence
65.11. Primary court to be notified and to supply records
65.12. Respondent’s options
65.13. Interim order, applying for
65.14. Urgent appeal order, nature of
65.15. Consenting to orders
65.16. Appeal books not needed unless ordered
Division 4 -- Concluding an appeal
65.17. Discontinuing an appeal
65.18. Settling an appeal
65.19. Return of exhibits
ORDER 65C -- Electoral Act 1907 section 62N rules
65C.1. Term used: Electoral Commissioner
65C.2. Application of this Order
65C.3. Application for review
65C.4. Title of proceedings
65C.5. Hearing the review
65C.6. Date of hearing
65C.7. Review book
65C.8. Applicant limited to grounds in originating motion
65C.9. Right to be heard in opposition
65C.10. Additional affidavits, determination of issue etc.
65C.11. Order as to result of review
65C.12. Application of rules of court
ORDER 66 -- Costs
Division 1 -- General
66.1. General rules as to costs
66.2. Costs where several causes of action, defendants etc.
66.3. Costs of amendment without leave or where facts or documents not admitted
66.4. Action as to property, ordering costs out of property
66.5. Lawyer may be ordered to pay costs etc.
66.6. Solicitor guardian ad litem, costs of
66.7. Set‑off may be allowed despite solicitor’s lien
66.8. State solicitors, costs of
66.8A. Costs in case of legal practitioner acting pro bono
66.9. Restriction of discretion to order costs in some cases
66.10. Stage at which costs may be dealt with
66.11. Scale of costs
66.13. Costs where scale does not apply
66.14. Lump sum award for costs, interim award as to
66.17. Cases that Magistrates Court could have decided, costs in
66.18. Matters not provided for in scale
66.19. Disbursements etc. allowable on taxation
66.20. Basis for calculating costs
66.21. No substantial trial, costs in case of
66.23. Certain fees in scales may be increased if inadequate
66.24. Judgment for person under disability, solicitor’s costs in case of
66.25. Own costs orders
Division 2 -- Taxation of costs
66.32. Bills of costs to be taxed
66.33. Indorsements on bill of costs
66.34. When notice of taxation need not be given
66.35. Notice of taxation
66.36. Vouchers as to disbursements to be filed
66.37. Solicitor delaying taxation
66.38. Appointment to tax costs to be peremptory
66.39. Taxing officer may direct bills of costs to be brought in
66.40. Default by party in taxing costs
66.41. If costs payable out of property, notice to clients may be directed
66.42. Bills of costs, content of
66.43. Taxing officer’s decisions on fact are final
66.44. Taxing officer’s powers
66.45. Taxing officer may refer taxation question to Court
66.46. Where proceedings adjourned into court
66.47. Interrogatories and discovery, costs of
66.48. Costs of motion etc. follow event
66.49. Motion etc. stood over to trial and no order made as to costs, costs in case of
66.50. Costs reserved
66.51. When Court may fix costs
66.52. Taxing officer may refer question to judge if costs to be apportioned etc.
Division 3 -- Review of taxation
66.53. Party dissatisfied with taxation may object and apply for review
66.54. Review of taxation by taxing officer
66.55. Review of taxation by judge
66.56. No further evidence on review except with leave
Division 4 -- Miscellaneous
66.57. Taxing officer’s certificate enforceable as judgment
66.58. Stay on review
66.59. Party liable to be paid and to pay costs, taxing officer’s powers in case of
66.60. Taking of accounts, taxing officer’s duties and powers on
66.61. Interim certificate in matters of account
ORDER 67 -- Central Office, officers
67.1. Superintendence of Central Office
67.2. Ministerial acts of registrar
67.3. Taking of oaths and affidavits
67.4. Seals
67.5. Abuse of process etc., procedure in case of
67.6. Sealed documents, evidentiary status of
67.7. Petition, award etc. to be filed before judgment etc. passed
67.8. Indexes to filed documents
67.9. Date of filing to be marked etc.
67.10. Custody of documents and things
67.12. Deposit of documents
67.13. Restriction on removal of documents
67.14. Deposit for officer’s expenses
67.15. Admissions, awards etc. to be filed
67.16. New forms
67.17. Accounts etc. to be taken by registrar, rules applying to
67.18. Reference in judgment etc. to registrar, effect of
67.19. Principal Registrar may declare ECMS unavailable
ORDER 67A -- Filing documents
Division 1 -- Preliminary matters
67A.1. Terms used
Division 2 -- Filing documents
67A.2. General rules about filing documents
67A.3. Documents must be filed using ECMS
67A.4. Documents presented for filing using ECMS or email
67A.5. Delivering documents for filing
67A.6. Posting documents for filing
67A.7. Faxing documents for filing
67A.8. How filed paper documents are to be dealt with
Division 3 -- Documents containing sensitive information
67A.9. Terms used
67A.10. Person to advise Court if filing sensitive document
67A.11. Documents containing restricted information
67A.12. Documents containing information to which access should be restricted
67A.13. Restricted documents
67A.14. Documents that are not to be accessible to judiciary
Division 4 -- Miscellaneous matters
67A.15. Principal Registrar may delegate
67A.16. Principal Registrar may refer matters to judge or master
67A.17. Appeals from decisions made under this Order
ORDER 67B -- Access to information and things held by the Court
Division 1 -- Preliminary matters
67B.1. Terms used
67B.2. Application of this Order
67B.3. Access to information and things under other legislation
67B.4. Order does not limit Court’s general power to release information
Division 2 -- Orders restricting access
67B.5. Court’s powers to restrict access
Division 3 -- Entitlements to access
67B.6. Entitlements of every person
67B.7. Entitlements of parties
Division 4 -- Access with the Court’s permission
67B.8. Access with the Court’s permission
67B.9. When Court can give permission
67B.10. When media manager can give permission
Division 5 -- Applications for access
67B.11. Applying for access
67B.12. Court’s powers as to applications for permission
67B.13. How applications are determined
Division 6 -- How access is given
67B.14. How and when the Court gives access
Division 7 -- Access by non‑parties to documents in cases commenced before 1 March 2018
67B.15. Application of this Division
67B.16. Documents that can be inspected or copied
Division 8 -- Miscellaneous matters
67B.17. Registrars’ decisions may be dealt with by judge or master
ORDER 68 -- Sittings, vacations and office hours
68.1. Civil sittings
68.2. Criminal sittings
68.3. Court vacations
68.4. Days included in sitting and vacation
68.5. When Court’s offices are open
68.6. Office hours
68.7. Vacation Judge
ORDER 69 -- Paper, printing, notice, and copies
69.1. Printing of documents, rules as to
69.2. Requirements as to documents prepared by parties
69.4. Copies of documents for other parties
69.5. Requirements as to copies
69.6. Copies of affidavits on certain ex parte applications
ORDER 70 -- Disability
70.1. Terms used
70.2. Persons under disability suing or defending
70.3. Appointment of next friend or guardian ad litem
70.4. Special provisions for probate actions
70.5. Procedure on no appearance by person under disability
70.6. Time for application by person under disability to discharge or vary order under O. 18 r. 7
70.7. Removal of next friend or guardian
70.8. No implied admission from pleading
70.9. Discovery and interrogatories
70.10. Settlement etc. of action by person under disability
70.10A. Settlement etc. of appeal by person under disability
70.11. Settlement etc. before action commenced
70.12. Control of money recovered for person under disability
70.13. Personal service on person under disability
ORDER 71 -- Partners, business names
71.1. Partners may sue or be sued in name of firm
71.2. Disclosure of partners’ names
71.3. Service on firm
71.4. Person served under r. 3 to be notified of character in which he is served
71.5. Appearance of partners
71.6. No appearance except by partners
71.7. Appearance under protest of person served as partner
71.9. Rules 1 to 7 apply also to some actions between firm and its members etc.
71.11. Rules 2 to 9 apply to proceedings begun by originating summons
71.12. Application to person using business name
71.13. Application to charge partner’s interest in partnership etc.
ORDER 71A -- Contact details of parties and others
71A.1. Addresses of places, requirements for
71A.2. Geographical addresses
71A.3A. Court may dispense with requirement to state geographical address
71A.3. Service details, meaning of
71A.4. Documents without contact details to be rejected
71A.5. Changes of information to be notified
71A.6. Fictitious details in documents, court powers as to
ORDER 72 -- Service of documents
72.1. When personal service required
72.2. Personal service on individual
72.3. Personal service on body corporate
72.3A. Personal service on State
72.4. Substituted service
72.5. Ordinary service, how effected
72.5A. Ordinary service, when effected
72.6. Service of documents by Court
72.6A. Serving documents by email
72.7. Affidavits of service, content of
72.8. No service required in certain cases
ORDER 73 -- Probate proceedings
73.1. Application of this Order and terms used
73.2. Commencing probate action
73.4. Intervention by person who is not defendant
73.5. Citation against non-party with adverse interest
73.6. Person cited failing to appear
73.7. Entry of appearance
73.8. Citation to executor etc. to bring in probate etc.
73.8A. Applications to include draft citation
73.9. Citations, issue of
73.10. Citations, service of
73.11. Affidavit of scripts
73.12. Scripts in pencil, affidavits as to; inspecting affidavits of scripts
73.13. Default of appearance
73.14. Counterclaim
73.15. Defendant may require only proof in solemn form
73.16. Pleadings
73.17. Default of pleadings
73.18. Discontinuance
73.19. Compromise
73.20. Orders etc. to bring in will etc.
73.21. Applications, making
73.22. Administrator or receiver appointed pending litigation
ORDER 75 -- Family Provision Act 1972 rules
75.1. Terms used
75.2. Applications under Act, making of
75.3. Copy of summons to be placed on probate file or linked to electronic file
75.5. Court may make inquiries etc.
75.6. Parties may be added
75.7. Representative defendant
75.8. Probate etc. to be lodged at Registry if judgment for plaintiff
75.9. Appearance to originating summons for extension of time not required
ORDER 75A -- Admission rules
75A.1. Terms used
75A.2. Application for admission
75A.2A. Compliance certificates
75A.2B. Appeals under Legal Profession Uniform Law (WA) section 26 or
75A.2C. Objection to admission
75A.3. Attendance at hearing of application for admission
75A.4. Oath or affirmation
ORDER 76 -- Public Notaries Act 1979 rules
76.1. Terms used
76.1A. Districts prescribed for Act
76.2. Application for certificate of fitness (Act s. 8)
76.3. Notice of intention to apply to be appointed Public Notary (Act s. 9)
76.4. Application to be appointed Public Notary
76.5. Certificates of appointment, form of
76.6. Applications to suspend or strike off Public Notaries
76.7. Fees payable on application for appointment
ORDER 80 -- Escheat (Procedure) Act 1940 rules
80.1. Term used: said Act
80.2. Applications for Order of Escheat, making
80.3. Notice of applications, form of
80.4. Evidence; judge may direct inquiry
80.5. Claimants to file affidavit verifying claim and may be heard
80.6. Judge may order issue to be tried
80.7. Order of Escheat, form of
80.8. Costs
ORDER 80A -- Royal Commission (Custody of Records) Act 1992 rules
80A.1. Terms used
80A.2. Applications for leave to have access (Act s. 14)
80A.3. Order granting leave, form of
ORDER 81B -- Service and Execution of Process Act 1992 (Commonwealth) rules
81B.1. Terms used; how applications to be made
81B.2. Enforcing judgments under Act s. 105, procedure for
81B.3. Claiming interest under Act s. 108, procedure for
81B.4. Appeals under Act
ORDER 81C -- Road traffic legislation rules
81C.1. Terms used
81C.2. Applications under RT (AD) Act s. 24, 27 or 35, how to be made
81C.3. Registrar’s functions when application is made
81C.4. Applicant to serve application etc.
81C.5. Hearing of application, appearance at
81C.6. Hearing of application, procedure on
81C.7. CEO to be notified of decision
ORDER 81E -- Cross‑vesting
81E.1. Terms used
81E.2. Application of this Order
81E.3. Commencing proceedings that rely on cross-vesting laws
81E.4. Special federal matters
81E.6. Directions for conduct of proceedings
81E.7. Transfer of proceedings
81E.8. Applications to be dealt with by judge
81E.9. Transfer on Attorney General’s application (Act s. 5 or 6)
81E.10. Transfer under Act s. 8, Court’s powers on
81E.11. Procedure if laws etc. of other place to apply under Act s. 11(1)
ORDER 81F -- Proceeds of Crime Act 2002 (Commonwealth) rules
81F.1. Terms used
81F.2. Applications under Act, how to be made
81F.3. Service on DPP (Cwlth) in Perth
81F.4. DPP to file grounds for contesting application
81F.5. Summons for directions
81F.6. Court may give directions at any time
81F.7. Representative respondent
81F.8. Evidence on applications
81F.9. Court may order separate hearing
ORDER 81FA -- Criminal Property Confiscation Act 2000 rules
PART 1 -- Preliminary
81FA.1. Terms used
PART 2 -- Proceedings under the Confiscation Act 2000
81FA.2. Declarations under Act s. 30, applications for
81FA.3. Other declarations or orders, applications for
81FA.4. Affidavit in support required for some applications
81FA.5. Objections to confiscation of property, making of
81FA.6. DPP or CCC to be served
81FA.7. Directions
81FA.8. Conference not required
81FA.9. Representative defendant
PART 3 -- Registration of freezing notices and interstate orders
81FA.10.Freezing notices, registration of etc.
81FA.11.Interstate orders, registration of etc.
ORDER 81G -- Criminal and Found Property Disposal Act 2006 rules
81G.1. Terms used
81G.2. General matters
81G.3. Claims, how to be made
81G.4. Defendant may file memorandum of appearance
81G.5. Defendant may file affidavit in response
81G.6. Applications in course of proceedings on claim
81G.7. Hearing claims
81G.8. Costs
81G.9. Documents cannot be filed electronically
ORDER 81H -- Surveillance Devices Act 1998 rules
81H.1. Term used: Act
81H.2. Warrants, applications for
81H.3. Report to judge (Act s. 21 or 30)
81H.4. Order allowing publication etc. (Act s. 31), application for
81H.5. Identification of persons in documents
81H.6. Practice Directions
81H.7. Documents cannot be filed electronically
ORDER 82 -- Sheriff’s rules
82.7. Service of process by sheriff
82.9. Fees etc. payable to sheriff, disputes as to
82.11. Deposit on account of sheriff’s fees
82.14. Travel distance by sheriff for service
82.16. Non‑payment of sheriff’s fees, consequences of
ORDER 83 -- Consolidation of pending causes and matters
83.1. Causes may be consolidated
83.2. Consolidation with action removed from another court
83.3. Directions
ORDER 84 -- General rules
84.1. Repealed Orders not revived
84.2. Cases not provided for
84.3. Publication of written reasons for judgment
84.4. Bankruptcy jurisdiction, duty of Registrar in Bankruptcy as to seals, records etc.
84.5. Public Trustee Act 1941 s. 27, proceedings under
84.6. Sale proceeds paid into court, claimants to must file affidavit
84.7. Account by solicitor to client, applying for and order as to
84.8. Interest and apportionment, certification of
84.9. Admiralty Act 1988 (Cwlth) rules, registrar etc. may exercise powers etc. under
ORDER 85 -- Federal Courts (State Jurisdiction) Act 1999 rules
85.1. Terms used
85.2. Title of proceedings
85.3. No proceedings on ineffective judgment before application to have it registered
85.4. Ineffective judgment, application for registration of
85.5. Ineffective judgments, registration of
85.6. Act s. 10, application for order under
85.7. Act s. 11, application for order under
85.8. Act s. 11, effect of order under
SCHEDULE 2 -- Forms
SCHEDULE 3 -- Payment into and out of court
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