Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Rules of court may
be made under this Act, by the judges of the Supreme Court, for the following
purposes: —
(a) For
regulating and prescribing the procedure (including the method of pleading)
and the practice to be followed in the Supreme Court in all causes and matters
whatsoever in or with respect to which the Court has for the time being
jurisdiction (including the procedure and practice to be followed in the
offices of the Supreme Court), and any matters incidental to or relating to
any such procedure or practice, including (but without prejudice to the
generality of the foregoing provision) the manner in which, and the time
within which, any applications or appeals which under this or any other Act
are to be made to the Court shall be made.
(b) For
regulating the sittings of the Supreme Court, and of the judges whether
sitting in Court or in chambers.
(ba) For
conferring on a single judge of appeal, either generally or in particular
cases and under such circumstances and on such conditions as are prescribed,
such of the jurisdiction and powers of the Court of Appeal as the rules
specify.
(bb) For
conferring on a master or the Court of Appeal Registrar, either generally or
in particular cases and under such circumstances and on such conditions as are
prescribed, such of the jurisdiction and powers of the Court of Appeal as the
rules specify.
(c) For
conferring on a master, Principal Registrar, registrar or any other officer of
the Court either generally or in particular cases and under such circumstances
and on such conditions as are prescribed, power to do such things, to transact
such business and to exercise such authority and jurisdiction as a judge may
by virtue of a statute, custom or rule or practice of the Court, do, transact
or exercise.
(d) For
regulating any matters relating to the costs of proceedings fixed by costs
determination (as defined in the Legal Profession Act 2008
section 252).
(da) For
prescribing or regulating any matters relating to the costs of proceedings,
where those costs are not fixed by costs determination (as defined in the
Legal Profession Act 2008 section 252).
(e) For
regulating and prescribing the procedure and practice to be followed in cases
in which the procedure or practice is regulated by enactments in force
immediately before the commencement of this Act, or by any provisions of this
Act re-enacting any such enactments, or in relation to the master by any other
Act in force prior to the coming into operation of the Acts Amendment (Master,
Supreme Court) Act 1979 1 , and for prescribing the Acts to which
section 11E(1) does not apply.
(f) For
prescribing, subject to the provisions of this Act, in what cases trials in
the Supreme Court are to be with a jury, and in what cases they are to be
without a jury.
(g) For
regulating the means by which particular facts may be proved, and the mode in
which evidence thereof may be given, in any proceedings or on any application
in connection with or at any stage of any proceedings.
(h) For
regulating and directing the means by which and the mode in which an account
may be taken and vouched, and for providing that the Court or a judge may give
special directions or make special orders in relation thereto.
(i)
For enabling and regulating service out of the
jurisdiction of the Court of a writ of summons or other process, or notice
thereof.
(ia) For
allowing the Court of Appeal to review any decision made by a single judge of
appeal or the Court of Appeal Registrar.
(j) For
regulating the procedure and practice to be followed on appeals.
(k)
Relating to funds in Court, and for the investment by the Public Trustee of
any money under the control, or subject to any order of the Court.
(l) For
regulating or making provision with respect to any matters or proceedings
which were regulated, or with respect to which provision was made by the rules
of the Supreme Court in force at the commencement of this Act, or by any rules
or regulations so in force with respect to the practice and procedure in
matrimonial causes and matters, or with respect to applications and
proceedings relating to legitimacy declarations, and with respect to
non-contentious or common form probate business.
(m) For
the custody, preservation or disposal of all or any exhibits in the custody of
the Court which are not claimed by the owner thereof within the period
prescribed and of all or any records of the Court or of its proceedings or of
any division or special jurisdiction of the Court, including records relating
to the exercise of any federal jurisdiction or any jurisdiction conferred by
any Act enacted by the Parliament of the Commonwealth, or for the custody,
preservation or disposal of any portion of those records and of any documents
filed or deposited in connection therewith, or under any statute or law of the
State or the Commonwealth, and whether the person to be entrusted for the time
being and from time to time with the custody of those records or documents is
an officer in the Public Service of the Commonwealth or the State or
otherwise.
[(n) deleted]
(o) For
prescribing matters relating to evidence, including rules —
(i)
requiring the disclosure (by the furnishing of copies of
statements, reports, plans, photographs, models, or otherwise) of the nature
and substance of evidence to be given; and
(ii)
that depart from the law of evidence and provide for the
admission as evidence, and the exclusion from evidence, of any matter the
disclosure of which is required by a rule made pursuant to
subparagraph (i).
(oa) For
regulating and prescribing the procedure and the practice to be followed in
respect of —
(i)
access to;
(ii)
inspection, copying, preservation, or observing, of; and
(iii)
taking samples of or from,
any document or
property in or formerly in the possession, custody or power of any person
(whether or not that person is a party to the cause or matter).
(ob) For
regulating and prescribing the procedure and the practice to be followed in
respect of the making of applications by any person prior to the commencement
by that person of any cause.
(oc) For
prescribing the manner in which rules of court made under paragraphs (oa)
and (ob) may be enforced.
(p) For
prescribing the manner in which referees may conduct proceedings and the
manner in which evidence may be received by referees, including rules that
depart from the law of evidence.
(q) For
enabling and regulating the mediation of any of the differences between any
parties to a proceeding generally and, in particular, providing
for —
(i)
the reference of a proceeding or any part of a proceeding
to a mediator with or without the consent of any party to the proceeding;
(ii)
the conduct of the mediator and of the parties;
(iii)
the terms and conditions upon which the mediation
conference is to be held; and
(iv)
the admissibility of evidence in relation to a mediation
for the purpose of determining the costs of the mediation or the costs of the
proceedings between the parties to the mediation.
(r) For
regulating the practice and procedure in relation to applications under the
Vexatious Proceedings Restriction Act 2002 .
The power given by the
preceding paragraphs shall extend and apply to all matters with respect to
which rules of procedure might have been made under any enactment repealed by
this Act.
(2) No rule of the
Supreme Court which may involve the public revenue or expenditure out of the
public funds, or the manner of dealing with trust funds, shall be made without
the concurrence of the Treasurer, but the validity of a rule shall not in any
proceeding in any Court be called in question either by the Court or by any
party to the proceedings on the ground only that it was a rule to which the
concurrence of the Treasurer was necessary, and that the Treasurer did not
concur, or is not expressed to have concurred, in the making thereof.
(3) Nothing in the
rules of court made under subsection (1)(oa) or (ob) shall affect any
ground of privilege.
[Section 167 amended by No. 63 of 1957
s. 4; No. 39 of 1971 s. 17; No. 56 of 1974 s. 5;
No. 111 of 1976 s. 5; No. 67 of 1979 s. 17; No. 47 of
1983 s. 13; No. 65 of 1987 s. 22; No. 14 of 1991
s. 5; No. 3 of 1993 s. 3; No. 3 of 1996 s. 10;
No. 31 of 1998 s. 3; No. 27 of 2000 s. 22; No. 23 of
2002 s. 13; No. 65 of 2003 s. 69(8); No. 45 of 2004
s. 26; No. 59 of 2004 s. 128; No. 21 of 2008
s. 709(9) and (10).]