Western Australian Current Regulations Western Australian Current Regulations (1) Subject to
rule 40, an appeal book must be comprised of 3 separate parts as
follows —
(a) the
first part, comprised of as many numbered volumes as are necessary with white
covers, to be referred to as the “White Appeal Book”;
(b) the
second part, comprised of as many numbered volumes as are necessary with light
blue covers, to be referred to as the “Blue Appeal Book”;
(c) the
third part, comprised of as many numbered volumes as are necessary with light
green covers, to be referred to as the “Green Appeal Book”.
(2) The White Appeal
Book must contain these documents in this order —
(a) a
cover page;
(b) an
index, with page numbers, of the book’s contents;
(c) the
appeal notice;
(ca) any
notice of the respondent’s intention (Form 4);
(cb) any
notice of a cross appeal by the respondent (Form 4A);
(d) any
order extending the time within which to appeal;
(e) any
order giving leave to appeal;
[(f) deleted]
(g) the
“Appellant’s case” filed in accordance with rule 32 as
amended by any order made under rule 43 but without —
(i)
the draft chronology; and
(ii)
the draft appeal book indexes;
(h) the
“Respondent’s answer” filed under rule 33 but
without —
(i)
the reply to the appellant’s draft chronology; and
(ii)
the reply to the appellant’s draft indexes;
(i)
the chronology, if it is required and has been agreed by
the parties;
(j) if a
chronology is required but has not been agreed by the parties —
(i)
the draft chronology filed under rule 32 as part of the
“Appellant’s case”; and
(ii)
the reply to the appellant’s draft chronology filed
under rule 33 as part of the “Respondent’s answer”;
(ja) any
affidavits filed with the appeal notice;
(k) the
signed Form 14A (Certificate of correctness of appeal book), required by
rule 41(c);
(l) any
other document filed in the Court of Appeal that a registrar orders to be
included.
(3) The Blue Appeal
Book must contain these documents in this order —
(a) a
cover page;
(b) an
index, with page numbers, of the book’s contents;
(c) the
primary court’s formal decision;
(d) the
primary court’s written reasons for its decision, if any;
(e) if
the appeal is against a primary court’s decision in civil proceedings at
first instance — the relevant pleadings in the primary court in
their final form;
(f) if
the appeal is against a primary court’s decision in criminal proceedings
at first instance the prosecution notice or indictment, as the case requires;
(g) if
the appeal is against a primary court’s decision in an
appeal — the documents filed in the primary court for the appeal;
(h) any
other document filed in the primary court that a registrar orders to be
included;
(i)
in the case of an appeal under the
Criminal Appeals Act 2004 Part 3A —
(i)
the Court of Appeal’s formal decision in each
previous appeal; and
(ii)
the Court of Appeal’s written reasons for its
decision in each previous appeal; and
(iii)
any document filed in a previous appeal that a registrar
orders to be included.
(4) The Green Appeal
Book must contain these documents in this order —
(a) a
cover page;
(b) an
index, with page numbers, of the book’s contents;
(c)
unless an order has been made that an electronic version of the transcript is
to be used, those parts of the primary court’s transcript required by
subrule (4A);
(ca) in
the case of an appeal under the Criminal Appeals Act 2004
Part 3A — an electronic version of each appeal hearing
transcript;
(d) a
copy of those documentary exhibits in the primary court and, if applicable,
the Court of Appeal, required by subrule (4A) arranged in accordance with
subrule (5);
(e) if
the appeal is a sentence appeal or a criminal appeal that includes an appeal
against a sentence — the accused’s antecedent report and
criminal record, as provided to the primary court;
(f) any
other document containing evidence considered by the primary court and, if
applicable, the Court of Appeal, when making its decision that a registrar
orders to be included.
(4A) In the Green
Appeal Book, the documents referred to in subrule (4)(c), (ca) and (d) must be
only those, or those parts of those, that are referred to specifically
in —
(a) the
“Appellant’s case”; or
(b) the
“Respondent’s answer”; or
(c) the
respondent’s notice of contention; or
(d) the
appellant’s reply to the respondent’s notice of contention,
unless a registrar
orders otherwise.
(5) The documentary
exhibits must be arranged in the Green Appeal Book in the order in which they
are lettered or numbered as exhibits in the primary court or the Court of
Appeal, as the case may be, unless a registrar orders otherwise.
(6) The Green Appeal
Book must not contain —
(a) in a
civil appeal — interrogatories or answers to them, an affidavit
verifying discovery, or any other affidavit, unless and to the extent that
they or it were admitted in evidence in the primary court;
(b) in a
criminal appeal — a pre-sentence report or a victim impact
statement or a confidential medical report.
[Rule 38 amended: Gazette
22 Aug 2017 p. 4531‑2 and 4544; SL 2022/209
r. 19.]