Western Australian Current Regulations

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SUPREME COURT (COURT OF APPEAL) RULES 2005 - REG 47

47 .         Case management

        (1)         In this rule —

        approved mediator means —

            (a)         a registrar; or

            (b)         an approved mediator as defined in the RSC Order 4A rule 1.

        (2)         At any time after an appeal is commenced, a single judge has jurisdiction to make any order that will or may facilitate the appeal, or any application for an interim order in the appeal, being conducted and concluded efficiently, economically and expeditiously.

        (3)         Without limiting subrule (2), a single judge has jurisdiction —

            (a)         to order a party to file an affidavit as to any matter;

            (b)         to dispense with or modify a requirement of these rules;

            (c)         to require any or all of the parties to confer or exchange letters in order to identify the issues between them, to resolve as many of them as possible, and to identify the issues to be decided by the Court of Appeal;

            (d)         to make an order relating to the admission of additional evidence, either before or at the hearing of the appeal, by the Court of Appeal;

            (e)         to limit the time that a party has to present oral submissions at the hearing of the appeal;

            (f)         to limit the issues on which oral submissions may be made at the hearing of the appeal;

            (g)         if the appeal has been listed for hearing, to cancel the hearing on that date;

            (ga)         if a document, including an appeal book, has been filed electronically, to order the provision of a paper version of the document;

            (h)         to make any order it is necessary or convenient to make as a result of an order made under any of the above paragraphs.

        (4)         An order made under subrule (3)(c) requiring the parties to confer may require them to confer before an approved mediator but, unless the party consents, the order must not result in a party being liable to remunerate a mediator.

        [Rule 47 amended: Gazette 16 Aug 2017 p. 4427; SL 2021/34 r. 12; SL 2022/60 r. 23.]



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