Western Australian Current Regulations Western Australian Current Regulations (1) This rule applies
to the following CA matters —
(a) a
legal issue to which rule 67 applies and that has been referred to the Court
of Appeal under that rule;
(b) an
application for a prerogative writ that, under the RSC Order 56, is directed
to be decided by the Court of Appeal;
(c) a
rule nisi or an order to show cause that, under the Act section 43(2) or the
RSC Order 56, is made returnable before the Court of Appeal;
(d) a
review order that, under an order made under the RSC Order 56A, is to be heard
by the Court of Appeal;
(e) an
application for a writ of habeas corpus ad subjiciendum that, under the RSC
Order 57 —
(i)
is directed to be made to the Court of Appeal; or
(ii)
is made to the Court of Appeal;
(f) a
writ of habeas corpus ad subjiciendum that, under an order made under the RSC
Order 57, is returnable before the Court of Appeal;
(g) an
appeal that, under the Criminal Appeals Act 2004 section 13, has been
ordered to be dealt with by the Court of Appeal;
(h) any
other CA matter that is neither a criminal appeal nor a civil appeal.
(2) A single judge has
jurisdiction to make any order that will or may facilitate the CA matter being
conducted and decided efficiently, economically and expeditiously.
(3) Without limiting
subrule (2), a single judge has jurisdiction —
(a) if
it is uncertain who are the parties to the proceedings in the Court of Appeal
in respect of the CA matter, to decide the question;
(b) to
order a particular party to have the conduct of the CA matter;
(c) to
order that a rule in Part 5, with or without modifications, applies to the CA
matter;
(d) to
modify or dispense with the operation of a rule in, or any order made by the
General Division under, the RSC in respect of the CA matter.