Western Australian Current Regulations

[Index] [Table] [Search] [Search this Regulation] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

SUPREME COURT (COURT OF APPEAL) RULES 2005 - REG 67

67 .         Referring a legal issue to the Court of Appeal

        (1)         In this rule —

        legal issue includes a question or point of law, a stated case and a petition;

        refer to includes to reserve for.

        (2)         This rule applies to and in respect of any legal issue that may be referred to the Court of Appeal under any written law.

        (3)         The requirements of this rule are in addition to any requirements of the written law under which a legal issue may be referred to the Court of Appeal.

        (4)         To refer a legal issue to the Court of Appeal, the court or person who may refer the issue must file a Form 18.

        (5)         The Form 18 and any documents attached to it must be served on the parties in the referring court and on any person who the referring person considers has a direct interest in the issue.

        (6)         When completing a Form 18 —

            (a)         if there is more than one legal issue being referred, they must be in numbered paragraphs; and

            (b)         the circumstances out of which the legal issue being referred arose must refer to all the facts out of which the issue arose; and

            (c)         the circumstances out of which the legal issue being referred arose must be set out in numbered paragraphs; and

            (d)         the list of materials to be considered must include any document to which the Court of Appeal may need to refer to decide the legal issue.

        [(e)         deleted]

        [Rule 67 amended: Gazette 22 Aug 2017 p. 4537‑8.]



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback