Western Australian Current Regulations
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SUPREME COURT (COURT OF APPEAL) RULES 2005
TABLE OF PROVISIONS
PART 1 -- Preliminary
1. Citation
2. Commencement
3. Interpretation
4. Application of these rules
5. Application of the Rules of the Supreme Court 1971
PART 2 -- Delegated jurisdiction
Division 1 -- General
5A. Delegated jurisdiction may be exercised by Court of Appeal
Division 2 -- Single judge’s jurisdiction
7. General jurisdiction
Division 3 -- Reviewing decisions by a single judge
8. Application for review by Court of Appeal
9. Dealing with the application
Division 4 -- Registrar’s jurisdiction
10. General jurisdiction
11. Registrar may refer questions to single judge or Court of Appeal
12. Hearing before single judge or registrar, parties to be notified
13. Written order by registrar, issue and service of
Division 5 -- Reviewing decisions by a registrar
15. Application for review by single judge
16. Dealing with the application
Division 6 -- Miscellaneous
17. Consequences of non‑attendance by party
18. Decisions made in absence of party
19. Decisions made on the papers
PART 3 -- Administrative matters
20. Completion of forms
21. Filed documents, technical requirements
22. Filed documents to be served
22A. Service of documents
PART 4 -- Duties of legal practitioners who act for parties
23. Duty to notify when acting for a party
24. Presumptions as to who is acting for a party
PART 5 -- Procedure for appeals
Division 1 -- General
25. Nature of appeals
26. Time for appealing
26A. Parties to appeals
Division 2 -- Commencing an appeal
26B. Term used: alleged evidence
27. When appeal is commenced
28. Commencing appeal under Criminal Appeals Act 2004 Part 2 Division 3 or PART 3
28A. Commencing appeal under Criminal Appeals Act 2004 Part 3A
29. Commencing civil appeal
29A. Service of appeal documents
30. Primary court to be notified and to supply records
31. Respondent’s options
31A. Cross appeals
31B. Time within which to file “Appellant’s case”
32. “Appellant’s case” to be filed
33. “Respondent’s answer” to be filed
34. When “Appellant’s reply to respondent’s notice of contention” is required
Division 3 -- Appeal books
35. Appeal book, when required
36. Settling of indexes
37. Appeal book, general provisions
38. Contents of appeal book
39. Technical requirements for appeal books
40. Sentence appeal, appeal book for
41. Appeal book to be prepared by appellant
Division 4 -- Matters prior to the hearing of any appeal
42. Application of Division
42A. Matters requiring leave
43. Single judge’s jurisdiction
44. Applying for interim order
45. Consenting to orders
46. Urgent appeal order, nature of
47. Case management
48. Applications for adjournments to be made promptly
49. Offers of compromise
50. Court to be advised immediately of settlement etc.
Division 5 -- Matters prior to the hearing of a criminal appeal
51. Application of Division
52. Applications for certain orders under CAA s. 40(1)
53. Single judge’s jurisdiction
54. Orders made under Criminal Appeals Act 2004
55. Proceedings before an examiner
56. Special commissioners and assessors (CAA s. 40(1))
Division 6 -- Hearing an appeal
57. Hearing date to be set
58. Hearings by audio link or video link
Division 7 -- Concluding an appeal
59. Discontinuing an appeal
60. Settling an appeal
61. Guideline judgments
62. Criminal appeals, certificate of conclusion of
63. Other appeals, final orders on
64. Return of records and things
65. Enforcing judgments and orders
66. Costs
PART 6 -- Referred and other CA matters
67. Referring a legal issue to the Court of Appeal
68. Dealing with referred and other CA matters
PART 7 -- Miscellaneous
69. Removal of District Court appeal into Court of Appeal
SCHEDULE
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