RULES OF THE SUPREME COURT 1971
Table of Provisions
ORDER 1 -- Application, elimination of delay and forms
- 1.1 Short title
- 1.2 Commencement and saving
- 1.3 Certain proceedings excluded
- 1.3A Inherent powers not affected
- 1.4 Terms used
- 1.4A Delays, elimination of
- 1.4B Case flow management, use and objects of
- 1.4C Parties to notify settlement
- 1.6 Forms
- 1.6A Forms under Restraining Orders Act 1997
- 1.7 Court fees
- 1.8 Documents given to authorised users or Court by means of ECMS
ORDER 2 -- Effect of non‑compliance
- 2.1 Non‑compliance with rules
- 2.2 Application to set aside for irregularity
ORDER 3 -- Time
- 3.1 Term used: month
- 3.2 Reckoning periods of time
- 3.3 Period between 24 Dec and 15 Jan excluded when computing time
- 3.4 Time expiring on day Central Office closed, effect of
- 3.5 Extending and abridging time
- 3.6 Extension of time where security ordered
- 3.7 Notice of intention to proceed after year’s delay
ORDER 4A -- Case management
Division 1 -- Preliminary matters
- 4A.1 Terms used
- 4A.2 Term used: case management direction
- 4A.3 Term used: enforcement order
- 4A.4 Inconsistencies with other rules
Division 2 -- Provisions applicable to all cases
- 4A.4A Case management conferences
- 4A.5 Case manager may review case at any time
- 4A.5A Requesting interlocutory orders and case management directions
- 4A.5B Request under r. 5A by letter
- 4A.5C Request under r. 5A at case management conference or hearing
- 4A.6 Timetables
- 4A.7 Attendance at proceedings under this Order
- 4A.8 Conferences of parties with mediator
- 4A.9 Referees
Division 3 -- Cases on the CMC List
- 4A.10 Application of this Division
- 4A.11 Cases on CMC List
- 4A.12 Headings to documents
- 4A.13 CMC List case manager may direct case to be on or taken off CMC List
- 4A.14 Requesting case be put on CMC List
- 4A.14A Strategic conferences
- 4A.15 Interlocutory hearings
Division 4 -- Cases not on the CMC List
- 4A.16 Application of this Division
- 4A.18 Case management conferences for cases not on CMC List
- 4A.19 Powers of case manager at case management conferences for cases not on CMC List
- 4A.20 Listing conference
Division 5 -- Inactive Cases List
- 4A.21 Term used: Inactive Cases List
- 4A.22 Case manager may direct party to show cause
- 4A.23 Springing order that case be put on Inactive Cases List
- 4A.24 Cases inactive for 12 months deemed inactive
- 4A.25 Parties to be notified of case being on Inactive Cases List
- 4A.26 Consequences of case being on Inactive Cases List
- 4A.27 Removing cases from Inactive Cases List
- 4A.28 Certain cases taken to have been dismissed
ORDER 4 -- Mode of commencing proceedings: applications in pending proceedings
- 4.1 Commencing civil proceedings
- 4.2 Applications in pending proceedings
- 4.3 Individual may act in person or by solicitor; body corporate must act by solicitor
ORDER 4AA -- Mortgage actions
- 4AA.1 Terms used
- 4AA.2 Application
- 4AA.3 Commencing mortgage actions
4..4. Transitional provision for former ORDER 62A
ORDER 5 -- Writs of summons
- 5.1 Form of writ
- 5.2 Writ for service outside WA, form of
- 5.3 Place of trial to be shown
- 5.4 Place of issue
- 5.5 Preparation of writ
- 5.6 Sealing of writ
- 5.7 Copy to be left with officer
- 5.8 Writ to be recorded when issued
- 5.9 Writ for service outside Australia, leave to issue needed
- 5.10 All writs to be in name of Chief Justice or Senior Puisne Judge
- 5.11 Time for appearance to be stated in writ
ORDER 6 -- Indorsement of claim: other indorsements
- 6.1 Nature of claim etc. to be indorsed on writ
- 6.2 Action for defamation by publication
- 6.3 Statement of claim may be indorsed on writ in some actions
- 6.4 Claim for liquidated demand, indorsements required for, costs etc.
- 6.5 Representative character
- 6.6 Claim for account
- 6.7 Writ etc. to state contact details
ORDER 7 -- Duration and renewal of writ: concurrent writs
- 7.1 Duration and renewal of writ
- 7.2 Proof of extension of validity of writ
- 7.3 Concurrent writs
- 7.4 Unserved writs may be struck out
ORDER 8 -- Disclosure by solicitors: change of solicitors
- 8.1 Solicitor to declare, if required to, whether writ issued by him
- 8.2 Change of solicitor
- 8.4 Appointment of solicitor by self-represented person
- 8.5 Intention to act in person, notice of
- 8.5A Form and content of notices
- 8.6 Removal of solicitor from record
- 8.7 Withdrawal of solicitor who has ceased to act for party
- 8.8 Effect of order made under this Order
- 8.9 Service details of party whose solicitor is removed
- 8.11 Solicitor not to act for adverse parties
- 8.12 Legal practitioner or clerk not to be security
ORDER 9A -- Interested non‑parties
- 9A.1 Terms used
- 9A.2 Parties to advise identity of interested non‑parties
- 9A.3 Duties of interested non‑party
- 9A.4 Disclosure of agreements relating to litigation funding
ORDER 9 -- Service of originating process: general provisions
- 9.1 Service of writ: general provisions
- 9.2 Service of writ as to contract on agent of principal who is outside WA
- 9.3 Effect of serving writ in accordance with contract
- 9.4 Writ for possession of land where no person in possession, service of
- 9.5 Service of other originating process
ORDER 10 -- Service outside jurisdiction
Division 1 -- Preliminary
- 10.1 Term used: originating process
- 10.2 Application of this Order
Division 2 -- Service outside jurisdiction but in Australia
- 10.3 Service outside State but in Australia
Division 3 -- Service outside Australia
- 10.4 Service in New Zealand of documents in relation to Trans‑Tasman proceedings
- 10.5 When allowed without leave under Division
- 10.6 When allowed with leave
- 10.7 Court’s discretion whether to assume jurisdiction
- 10.8 Notice to person served outside Australia
- 10.9 Time for entering appearance
- 10.10 Leave to proceed where no appearance by person
- 10.11 Service of other documents outside Australia
- 10.12 Mode of service
Division 4 -- Service through foreign or diplomatic officials outside Australia in non‑Convention countries
- 10.13 Application of Division
- 10.14 Method of service of originating process and Form 5AB
- 10.15 Request for service of originating process
- 10.16 Serving documents under Division
- 10.17 Certification of service taken to be proof of service
- 10.18 Paying expenses
- 10.19 Other methods of service outside Australia not excluded by Division
ORDER 11 -- Service of foreign process
- 11.1 Terms used
- 11.2A Application of this Order
- 11.2 Service pursuant to letter of request for service
- 11.3 Service under Convention
- 11.4 Service to be through sheriff
- 11.5 Consequential orders
ORDER 11A -- Service under the Hague Convention
Division 1 -- Preliminary
- 11A.1 Terms used
- 11A.2 Provisions of this Order to prevail
Division 2 -- Service abroad of local judicial documents
- 11A.3 Application of this Division
- 11A.4 Application for request for service abroad
- 11A.5 How application to be dealt with
- 11A.6 Procedure on receipt of certificate of service
- 11A.7 Payment of costs
- 11A.8 Evidence of service
Division 3 -- Default judgment following service abroad of initiating process
- 11A.9 Application of this Division
- 11A.10 Restriction on power to enter default judgment if certificate of service filed
- 11A.11 Restriction on power to enter default judgment if certificate of service not filed
- 11A.12 Setting aside judgment in default of appearance
Division 4 -- Local service of foreign judicial documents
- 11A.13 Application of this Division
- 11A.14 Certain documents to be referred back to Attorney‑General’s Department of Commonwealth
- 11A.15 Service
- 11A.16 Affidavit as to service
ORDER 12 -- Appearance
- 12.1 Who may enter appearance
- 12.2 How to enter an appearance
- 12.3 Procedure on receipt of requisite documents
- 12.4 Appearance to be served on plaintiff
- 12.5 Late appearance
- 12.6 Conditional appearance
- 12.7 Setting aside writ etc. before appearance
- 12.8 Person not named may defend action for possession of land
- 12.9 Person appearing under r. 8 to be named as defendant
- 12.10 Limiting defence in action for possession of land
- 12.11 Defendant who wishes to abide by decision of court to file notice of intention to abide
ORDER 13 -- Judgment in default of appearance to writ
- 13.1 Plaintiff may enter judgment if defendant fails to enter appearance
- 13.2 Claim for liquidated demand
- 13.3 Claims for unliquidated damages
- 13.4 Claim relating to detention of goods (excluding mortgage actions)
- 13.5 Claim for possession of land (excluding mortgage actions)
- 13.6 Mortgage actions
- 13.7 Content of affidavit required by r. 6(2)(b)(ii)
- 13.8 Writs for 2 or more claims to which r. 2 to 6 apply
- 13.9 Writs for other claims
- 13.10 Entry of judgment for costs only upon writs for other claims
- 13.11 Reference to Court in case of doubt or difficulty
- 13.12 Default judgment to inform defendant of certain matters
- 13.13 Service of default judgment
- 13.14 Setting aside or varying default judgment
ORDER 14 -- Summary judgment
- 14.1 When plaintiff may apply for summary judgment
- 14.2 Application under r. 1, how to make
- 14.3 Judgment may be given for plaintiff
- 14.4 Defendant may be given leave to defend
- 14.6 Summary judgment on counterclaim
- 14.7 Court’s powers if leave to defend given etc.
- 14.8 Costs
- 14.9 Right to proceed with residue of action or counterclaim
- 14.10 Judgment for delivery of specific chattel
- 14.11 Relief from judgment for recovery of land
- 14.12 Summary judgment against absent party may be set aside or varied
ORDER 16 -- Summary judgment on application of defendant
- 16.1 Application by defendant for summary judgment
- 16.2 Plaintiff may show cause
- 16.3 Court’s powers if action to go to trial
- 16.4 Summary judgment against absent party may be set aside or varied
ORDER 17 -- Interpleader
- 17.1 When interpleader relief may be granted
- 17.2 How to apply for interpleader relief
- 17.3 Time for application by defendant
- 17.4 Stay of proceedings
- 17.5 Court’s powers on application
- 17.6 Summary determination
- 17.7 Where question of law only
- 17.8 Claimant failing to appear etc.
- 17.9 Power to order sale of goods
- 17.10 Discovery etc. and trial
- 17.11 One order where several causes pending
- 17.15 Orders as to costs etc.
ORDER 18 -- Causes of action, counterclaims and parties
- 18.1 Joinder of causes of action
- 18.2 Counterclaim against plaintiff
- 18.3 Counterclaim against additional parties
- 18.4 Joinder of parties
- 18.5 Court may order separate trials etc.
- 18.6 Misjoinder and nonjoinder of parties
- 18.7 Change of parties by reason of death etc.
- 18.8 Order made under r. 6 or 7, consequences of
- 18.9 Failure to proceed after death of party
- 18.10 Action for possession of land, joining non-party who is in possession
- 18.11 Relator actions
- 18.12 Representation of persons with same interest in proceedings
- 18.13 Representation of interested persons who cannot be ascertained etc.
- 18.14 Representation of beneficiaries by trustees etc.
- 18.15 Representation of deceased person interested in proceedings
- 18.16 Declaratory judgment
- 18.17 Conduct of proceedings
ORDER 18A -- Representative proceedings under the Civil Procedure (Representative Proceedings) Act 2022
- 18A.1 Terms used
- 18A.2 Person must act by legal practitioner
- 18A.3 Representative Proceedings List; headings to documents
- 18A.4 Form of consent to be group member
- 18A.5 Form of opt‑out notice
ORDER 19 -- Third party and similar proceedings
- 19.1 Third party notice
- 19.2 Application for leave to issue third party notice
- 19.3 Issue and service of, and entry of appearance to, third party notice
- 19.4 Third party directions
- 19.5 Default of third party etc.
- 19.6 Setting aside third party proceedings
- 19.7 Judgment between defendant and third party
- 19.8 Claims and issues between defendant and another party
- 19.9 Claims by third and subsequent parties
- 19.10 Offer of contribution
- 19.11 Counterclaim by defendant
- 19.12 Costs
ORDER 20 -- Pleadings
- 20.1 Statement of claim, service of
- 20.2 Statement of claim, content of
- 20.3 Pleadings etc. to be filed before service
- 20.4 Defence, service of
- 20.5 Reply and defence to counterclaim, service of
- 20.6 Pleadings subsequent to reply etc., leave required for
- 20.7 Pleadings, formal requirements of
- 20.8 Facts, not evidence, to be pleaded
- 20.9 Matters which must be specifically pleaded
- 20.10 Matter may be pleaded whenever arising
- 20.11 Party’s pleadings to be consistent
- 20.12 Points of law may be pleaded
- 20.13 Particulars of claims etc.
- 20.13A Particulars in defamation actions
- 20.14 Admissions, traverses etc.
- 20.15 Denial by joinder of issue
- 20.16 Defence of tender not available without payment into court
- 20.17 Defence of set‑off
- 20.18 Counterclaim and defence to counterclaim
- 20.19 Striking out pleadings etc.
- 20.20 Close of pleadings
- 20.21 Trial without pleadings
- 20.22 Preparation of issues
- 20.23 Collision between vessels, content etc. of Preliminary Act
- 20.24 Failure to file Preliminary Act
ORDER 21 -- Amendment
- 21.1 Amending writ without leave
- 21.2 Amending memorandum of appearance
- 21.3 Amending pleadings without leave
- 21.5 Amending writ or pleading with leave
- 21.6 Amending other originating process
- 21.7 Amending other documents
- 21.8 Failure to amend after order
- 21.9 How amendments to be made
- 21.10 Clerical errors etc., correcting (slip rule)
- 21.11 Service of amended documents
ORDER 23 -- Discontinuance
- 23.1 Withdrawing appearance
- 23.2 Plaintiff may discontinue; defence etc. may be withdrawn
- 23.3 Costs
- 23.4 Subsequent action stayed pending payment
- 23.5 Withdrawal of summons
ORDER 24 -- Payment into court -- offers to consent to judgment
- 24.9 In certain cases no payment out without order
- 24.11 Intestate’s estate, Court may direct some payments without administration
- 24.12 Regulations (Sch. 3)
ORDER 24A -- Offer of compromise
- 24A.1 Parties entitled to make offer
- 24A.2 Application of this Order to counterclaims and third party notices
- 24A.3A How to make offer
- 24A.3 Time etc. for making, accepting etc. offer
- 24A.4 Time for payment of sum offered
- 24A.5 Withdrawing acceptance of offer
- 24A.6 Offer without prejudice
- 24A.7 Disclosure of offer to Court
- 24A.8 Failure to comply with accepted offer
- 24A.9 Multiple defendants
- 24A.10 Costs
ORDER 25 -- Security for costs
- 25.1 Factors that are not grounds for ordering security for costs
- 25.2 Grounds for ordering security for costs
- 25.3 Court has discretion
- 25.4 Term used: plaintiff
- 25.5 Manner of giving security
- 25.6 Action may be stayed
- 25.7 Payment out
- 25.8 Saving
ORDER 26 -- Discovery and inspection
- 26.1A Terms used
- 26.1B Documents not wholly discoverable
- 26.1 Discovery without order
- 26.2 Continuing obligation to give discovery
- 26.3 Determination of issue relevant to right to discovery
- 26.4 List of documents and verifying affidavit, form, content and making of
- 26.5 Defendant entitled to copy of co‑defendant’s list etc.
- 26.6 Order for information as to particular documents
- 26.7 Orders as to discovery
- 26.8 Inspection of documents in list
- 26.8A Procedure on discovery
- 26.9 Order for inspection of documents
- 26.10 Order for production to Court
- 26.11 Order for production etc. only if necessary
- 26.11A Costs of preparing document to facilitate inspection
- 26.12 Claim of privilege
- 26.13 Inspection of copies of business books
- 26.14 Public interest immunity not affected
- 26.15 Non‑compliance with requirements for discovery etc.
- 26.16A Certificate by legal practitioner
- 26.16 Revocation and variation of orders
ORDER 26A -- Discovery etc. from non‑parties and potential parties
- 26A.1 Terms used
- 26A.2 Public interest immunity not affected
- 26A.3 Discovery etc. to identify a potential party
- 26A.4 Discovery from potential party
- 26A.5 Discovery from non‑party
- 26A.6 Order 26 applies to discovery ordered under this Order
- 26A.7 Costs
- 26A.8 Certificate by legal practitioner for non‑party or potential party
ORDER 27 -- Interrogatories
- 27.1 Notice of and answers to interrogatories
- 27.2 Answers, time for and manner of giving
- 27.3 Interrogatories given to 2 or more parties etc., who has to answer
- 27.4 Content of answers
- 27.5 Grounds for objecting to answer
- 27.6 Answers, who can make
- 27.7 Failing to answer or to answer sufficiently
- 27.8 Non‑compliance with order under r. 7
- 27.9 Use of answers in evidence
- 27.10 Revoking and varying orders
ORDER 28 -- Medical examination: inspection of physical objects
- 28.1 Medical examination of a party
- 28.2 Inspection of physical objects
ORDER 30 -- Admissions
- 30.1 Admission of other party’s case
- 30.2 Notice to admit facts
- 30.3 Judgment on admissions
- 30.4 Admissions as to and production of documents
- 30.5 Notice to admit authenticity of documents; notice requiring production of documents at trial
ORDER 31 -- Special cases and stated cases
- 31.1 Questions of law, stating of in special case
- 31.2 Preliminary question of law, orders as to
- 31.3 Preparing special case
- 31.4 Special case affecting person under disability, leave needed to enter for argument
- 31.5 Entering special case for argument
- 31.6 Agreement as to payment of money and costs
- 31.7 Reference of case to Court of Appeal (Act s. 58(1)(d))
- 31.8 Cases stated to Court (not Court of Appeal) by other courts etc.
ORDER 32 -- Place and mode of trial
- 32.1 Trial in circuit town
- 32.2 Application for trial by jury
- 32.3 Usual mode of trial, other modes
- 32.4 Time of trial of questions or issues
- 32.5 Issues may be tried differently
- 32.6 Trial with jury to be by single judge
- 32.7 Disposal of action
- 32.8 Trial by jury, precepts for etc.
ORDER 33 -- Entry for trial
- 33.1 Entry for trial
- 33.2 Consequences of failing to enter for trial as directed
- 33.3 Notice of entry
- 33.4 Form of entry for trial
- 33.14 Papers for judge
ORDER 34 -- Proceedings at trial
- 34.1A Outlines for trial
- 34.1 Absence of both parties at trial
- 34.2 Absence of one party at trial
- 34.3 Setting aside judgment given in absence of party
- 34.4 Adjournment of trial
- 34.5 Conduct of trial
- 34.5A Time etc. limits at trial
- 34.6 Evidence in mitigation of damages for defamation
- 34.7 Inspection by judge or jury
- 34.8 Judgment at or after trial
- 34.9 Record of proceedings
- 34.10 Where time occupied by trial excessive
- 34.11 Entry of findings of fact on trial
- 34.12 Certificate for entry of judgment
- 34.13 Exhibits
- 34.14 Return of exhibits
- 34.15A Return of document etc. to non-party who produced it under subpoena
- 34.16 Death of party before judgment is given
- 34.17 Impounded documents
- 34.18 Assessment of damages by master
- 34.19 Damages to time of assessment
- 34.20 Writ of inquiry not to be used
ORDER 35 -- Assessors and referees
- 35.1 Trial with assessors
- 35.2 Trial before referee
- 35.3 Evidence before referee
- 35.4 Authority of referee
- 35.5 Referee cannot order imprisonment
- 35.6 Referee may submit question to Court
- 35.7 Notice of referee’s report
- 35.8 Adoption etc. of referee’s report in adjourned case
- 35.9 Adoption etc. of referee’s report where case not adjourned
- 35.10 Costs
- 35.11 Application of this Order to other references
ORDER 36 -- Evidence: general
- 36.1 Facts to be proved usually by oral evidence in open court
- 36.2 Evidence by affidavit
- 36.3 Evidence of children etc. (Evidence Act 1906 s. 106S)
- 36.4 Reception of plans etc. in evidence
- 36.5 Orders under r. 2 or 4 may be revoked or varied
- 36.6 Trials of issues etc., evidence in
- 36.7 Depositions as evidence
- 36.8 Court documents admissible in evidence
- 36.9 Evidence at trial may be used in subsequent proceedings
- 36.10 Evidence in another cause
- 36.11 Production of documents
- 36.20 Interest for purposes of Act s. 32
ORDER 36A -- Expert evidence
ORDER 36B -- Subpoenas
- 36B.1 Terms used
- 36B.2 Issuing subpoenas
- 36B.3 Form of subpoena
- 36B.4 Service of subpoenas
- 36B.5 Party may request notice that subpoena to produce has been obeyed
- 36B.5A Altering date for attendance or production
- 36B.6 Compliance with subpoena
- 36B.7 Production otherwise than at a trial
- 36B.8 Setting aside subpoena to attend to give evidence
- 36B.8A Setting aside subpoena to produce and directions as to things to be produced
- 36B.8B How requests under r. 8 and 8A to be made
- 36B.9 Inspecting and dealing with documents and things produced otherwise than at a trial
- 36B.10 Disposal of documents and things produced
- 36B.11 Costs and expenses of compliance
- 36B.12 Failure to comply with subpoena is contempt of court
- 36B.13 Documents and things in custody of court
ORDER 37 -- Affidavits
ORDER 38 -- Evidence by deposition
- 38.1 Power to order depositions to be taken
- 38.4 Enforcing attendance of witness
- 38.5 Refusal of witness to attend or be sworn
- 38.6 Time and place of examination, notice of
- 38.7 Documents to be given to examiner
- 38.8 Practice on examination
- 38.9 Expenses of witnesses
- 38.10 Additional witnesses may be examined with parties’ consent
- 38.11 How depositions to be taken
- 38.12 Objection to questions
- 38.13 Examiner may give Court special report
- 38.14 Oaths
- 38.15 Perpetuating testimony
- 38.16 Examiner’s fees
- 38.17 Payment of examiner’s fees
ORDER 38A -- Examination of witnesses outside the State
- 38A.1 Terms used
- 38A.2 Order applies to Act s. 110 and
- 38A.3 Applications under Act s. 110 and 111 in civil proceedings
- 38A.4 Application under Act s. 110 and 111 in criminal proceedings
- 38A.5 Orders under Act s. 110 and 111
- 38A.6 Manner of examination
- 38A.7 Examiner’s remuneration
ORDER 39 -- Taking of evidence for foreign and Australian courts
- 39.1 Terms used
- 39.2 Applications under Act s. 116
- 39.3 Orders under Act s. 117
- 39.4 Examiner’s remuneration
- 39.4A Examiner’s power to administer oaths
- 39.5 Transmission of depositions
- 39.6 Procedure where witness claims privilege
ORDER 39A -- Trans‑Tasman Proceedings Act 2010 (Commonwealth) rules
Division 1 -- General
- 39A.1 Term used: Act
- 39A.2 Application of this Order
Division 2 -- Subpoenas to be served in New Zealand
- 39A.2A Form of subpoenas
- 39A.3 Leave to serve subpoena (Act s. 31)
- 39A.4 Setting aside subpoena (Act s. 35 and 36)
- 39A.5 Failure to comply with subpoena (Act s. 38)
Division 3 -- Remote appearances from New Zealand
- 39A.6A Appearances by audio link or audiovisual link (Act s. 48)
- 39A.6 Evidence by audio link or audiovisual link (Act s. 50)
Division 4 -- Registration and enforcement of NZ judgments
- 39A.7 Setting aside registration of NZ judgment (Act s. 72)
- 39A.8 Stay of enforcement of registered NZ judgment (Act s. 76)
ORDER 40 -- Court experts
- 40.1 Terms used
- 40.2 Court expert, appointment of etc.
- 40.3 Report of Court expert
- 40.4 Cross‑examination of Court expert
- 40.5 Remuneration of Court expert
- 40.6 Further expert witnesses
ORDER 41 -- Motion for judgment
- 41.1 Judgment to be on motion
- 41.2 When motion for judgment may be set down after trial etc.
- 41.3 Motion for judgment before trial etc. of all issues
- 41.4 Motion for judgment to be set down within one year
- 41.5 Court may draw inferences and determine questions
ORDER 42 -- Entry of judgment
- 42.1 Mode and form of entry
- 42.2 Date from which judgment or order takes effect
- 42.3 Orders to do an act, time for obeying to be specified
- 42.4 Entering judgment on filing of affidavit etc.
- 42.5 Entering judgment pursuant to order etc.
- 42.6 Entering judgment on certificate of master or registrar
- 42.7 Entering judgment by consent when party appears by solicitor
- 42.8 Entering judgment by consent where defendant has not appeared or is self‑represented
- 42.9 Satisfaction of judgments
ORDER 43 -- Drawing up judgments and orders
- 43.1 Drawing up etc. judgments etc.
- 43.2 When order need not be drawn up
- 43.3 Authentication of judgments and orders
- 43.4 Judgments and orders to be court record; issue and use of duplicates
- 43.5 Amending orders
- 43.6 Draft judgment or order to be filed
- 43.7 Appointment to settle draft
- 43.8 Attendance on settling draft
- 43.9 Default of attendance on settling draft
- 43.10 Dispensing with appointment
- 43.11 Registrar’s and Court’s powers to settle judgments etc.
- 43.12 Party to engross settled judgment or order
- 43.13 Certificate for special allowance on taxation of costs
- 43.14 Entry of judgments and orders
- 43.15 Application to vary
- 43.16 Consent orders
ORDER 44A -- Foreign Judgments Act 1991 (Commonwealth) rules
- 44A.1 Terms used
- 44A.2 Application of this Order
- 44A.3 Application for registration (Act s. 6)
- 44A.4 Evidence in support of application
- 44A.5 Security for costs
- 44A.6 Order for registration
- 44A.7 Record to be kept of registered judgments
- 44A.8 Notice of registration
- 44A.9 Indorsement of service
- 44A.10 Application to set aside registration
- 44A.11 Enforcing registered judgment
- 44A.12 Determination of certain questions
- 44A.13 Certified copy of judgment obtained in this State
ORDER 45 -- Accounts and inquiries
- 45.1 Summary order for account to be taken
- 45.2 Direction for accounts etc. may be made at any stage
- 45.3 Directions to be numbered
- 45.4 Directions as to mode of taking account
- 45.5 Account to be verified
- 45.6 Vouchers and contested etc. items, directions as to
- 45.7 Surcharge or error, notice of
- 45.8 Allowances that can be made without direction
- 45.9 Expediting proceedings
- 45.10 Distributing fund before all persons entitled are ascertained
- 45.11 Master etc. may be ordered to take accounts or make inquiries
- 45.12 Right to adjournment from registrar etc.
ORDER 46 -- Civil Judgments Enforcement Act 2004 rules
- 46.1 Terms used
- 46.2 Applications that may be dealt with by registrar
- 46.3 Enforcing judgment in action between partners
ORDER 51 -- Receivers
ORDER 52 -- Interlocutory injunctions, interim preservation of property
- 52.1 Application for injunction
- 52.2 Detention etc. of property; securing funds in dispute
- 52.3 Power to order taking of samples etc.
- 52.4 Disposal of perishable property etc.
- 52.5 Order for early trial on application for receiver, injunction etc.
- 52.6 Recovering personal property subject to lien
- 52.7 Directions
- 52.8 Allowance of income or transfer of property during case
- 52.9 Injunction to include undertaking as to compensation to party restrained
- 52.10 Compensation to party restrained by undertaking
ORDER 52A -- Freezing orders
- 52A.1 Terms used
- 52A.2 Freezing order
- 52A.3 Ancillary order
- 52A.4 Respondent need not be party to proceeding
- 52A.5 Order against judgment debtor, prospective judgment debtor or third party
- 52A.6 Court’s other jurisdiction not affected
- 52A.7 Service outside Australia of application for order
- 52A.8 Costs
ORDER 52B -- Search orders
- 52B.1 Terms used
- 52B.2 Search order
- 52B.3 Requirements for making of search order
- 52B.4 Court’s other jurisdiction not affected
- 52B.5 Terms of search order
- 52B.6 Independent solicitors, appointment of etc.
- 52B.7 Costs
ORDER 53 -- Sales of land by the Court
- 53.1 Term used: land
- 53.2 Power to order sale of land
- 53.3 Manner of sale
- 53.4 Directions
- 53.5 Certificate of sale
- 53.6 Mortgage, exchange or partition
- 53.7 Reference of matters to counsel
- 53.8 Objection to counsel’s opinion
ORDER 54 -- Originating and other motions
- 54.1 Application of this Order
- 54.2 Which applications to be made by motion
- 54.3 Notice of motion
- 54.4 Time of notice of motion
- 54.5 Form of notice of motion
- 54.6 Issue of notice of motion
- 54.7 Service of notice of motion with writ etc.
- 54.8 Adjournment etc.
ORDER 55 -- Committal and attachment
- 55.1 Term used: contemnor
- 55.2 Committal for contempt of court
- 55.3 Contempt in face of Court
- 55.4 Other cases of contempt
- 55.5 Form and service of notice or summons
- 55.6 Arresting contemnors
- 55.7 Punishing contemnors
- 55.8 Execution of committal order may be suspended
- 55.9 Discharge from committal
- 55.10 Saving for other powers
- 55.11 Court may make peremptory order in first instance
- 55.12 Application of r. 6 to 9 to attachment etc.
ORDER 56 -- Judicial review
Division 1 -- General
- 56.1 Terms used
- 56.2 Making an application
- 56.3 Serving an application
- 56.4 Options of person served with application
- 56.5 Procedure on application
- 56.6 Discovery and interrogatories
- 56.7 Costs
- 56.10 Issue and filing of writs
Division 2 -- Certiorari
Division 3 -- Mandamus
- 56.15 Applicant to show interest etc.
- 56.16 Form of writ
- 56.17 Time for return of writ
- 56.18 Service
- 56.19 Service on corporate body, or justices
- 56.20 Return, content etc. of
- 56.21 Pleading to return
- 56.22 No motion for judgment needed in some cases
- 56.23 Peremptory writ
- 56.24 Costs
- 56.25 Proceedings in nature of interpleader
- 56.26 Proceedings not to abate due to death etc.
- 56.28 Mandamus by order
- 56.29 No action against party obeying writ or order
Division 4 -- Prohibition and procedendo
- 56.30 Court may direct service of statement of claim instead of issuing prohibition
- 56.31 Proceedings on judgment
- 56.32 Writ of procedendo
- 56.33 Prohibition by order
Division 5 -- Quo warranto
- 56.34A Application for information of quo warranto
- 56.34 Rules of court applicable
- 56.35 Signature and service of information
ORDER 56A -- Review orders under the Magistrates Court Act 2004
- 56A.1 Terms used
- 56A.2 Application for review order, making
- 56A.3 Application for review order, procedure on
- 56A.4 Review order, service of
- 56A.5 Review order, hearing of
- 56A.6 Final order, making and service of
ORDER 57 -- Habeas corpus
- 57.1 Application for writ
- 57.2 Power of Court when ex parte application made
- 57.3 Copies of affidavits to be supplied
- 57.4 Court may order release of person restrained
- 57.5 Signed copy of writ to be filed
- 57.6 Order for issue of writ, contents of
- 57.7 Service of writ and notice
- 57.8 Return to writ of habeas corpus
- 57.9 Procedure on hearing
- 57.10 Form of writ
ORDER 58 -- Proceedings by originating summons
Division 1 -- Introductory
- 58.1 Which proceedings to be commenced by originating summons
Division 2 -- Administration and trusts
- 58.2 Executors etc. seeking certain relief without administration
- 58.3 Executors etc. applying for administration
- 58.4 Service of summons issued under r. 2 or 3
- 58.5 Decision without judgment for administration
- 58.6 Orders which may be made on application for administration etc. of trusts
- 58.7 Interference with discretion of trustee etc.
- 58.8 Conduct of sale of trust property
Division 4 -- Declaration on originating summons
- 58.10 Construction of written instruments
- 58.11 Construction or validity of legislation
- 58.12 Court may refuse to determine summons in some cases
- 58.13 Effect of contracts for sale etc. of land
Division 5 -- General
- 58.14 Form and issue of originating summons
- 58.15 Order 7 applies to originating summons
- 58.16 Time for appearance
- 58.17 Entry of appearance
- 58.18 When appearance not required
- 58.18A Time for service where appearance not required
- 58.19 Fixing time for hearing summons
- 58.21 Evidence at hearing to be by affidavit
- 58.22 Hearings in absence of party
- 58.23 Order made ex parte may be set aside
- 58.24 Costs thrown away by non‑attendance of party
- 58.25 Hearings not completed on hearing date
- 58.26 Other matters that may be included in one summons
- 58.27 Directions as to hearings, evidence etc.
- 58.28 Adjourning hearings
- 58.29 Court’s powers and procedure at hearings
- 58.30 Transfer of Land Act 1893 s. 129C applications, directions as to
ORDER 59 -- Applications and proceedings in chambers
- 59.1 Business to be dealt with in chambers
- 59.2 Hearings may be in open court or chambers
- 59.3 Applications in chambers
- 59.4 Form and issue of summons
- 59.5 Summons, service of
- 59.6 Experts, assistance of
- 59.7 Application of O. 58 r. 22 to 28
- 59.8 Stay of proceedings, ordering
- 59.9 Parties to confer before making application
- 59.10 Orders, form of
ORDER 60 -- Masters’ jurisdiction
- 60.1 Masters’ general jurisdiction
- 60.2 Master may refer matter to judge or Court of Appeal
ORDER 60A -- Jurisdiction of registrars and appeals from registrars’ decisions
- 60A.1 Registrars’ general jurisdiction
- 60A.2 Registrars’ jurisdiction with respect to case management
- 60A.2A Registrars to deal with applications within their jurisdiction
- 60A.3 Registrar may refer proceedings to judge or master
- 60A.4 Appeals from decisions of registrars
- 60A.5 Appeal procedure
- 60A.6A Other parties to appeal to advise certain matters
- 60A.6 Appeal is by way of new hearing
- 60A.7 This Order not to apply to Court of Appeal Registrar
ORDER 61 -- Proceedings under judgments and orders
Division 1 -- Application of order
- 61.1 Application to proceedings under orders
Division 2 -- Summons to proceed
- 61.2 Summons to proceed, requirement for and proceedings on
- 61.3 Notice of judgment, Court may order service of in some cases
- 61.4 Settling deed if parties differ, procedure for
- 61.5 When service of notice of judgment may be dispensed with
- 61.6 Judgment for accounts etc., power to bind persons in some cases
- 61.7 Procedure where some parties not served etc.
- 61.8 Course of proceedings in chambers
Division 3 -- Attendances
- 61.9 Classifying interests of parties
- 61.10 Judge may require distinct solicitor to represent parties
- 61.11 Attendance of parties not directed to attend
- 61.12 Order stating parties directed to attend
Division 4 -- Claims of creditors and other claimants
- 61.13 Advertisements for creditors etc., power to direct
- 61.14 Advertisements, preparation etc. of
- 61.15 Advertisements, contents of
- 61.15A Claims to state claimant’s contact details
- 61.16 Failure to claim within specified time
- 61.17 Examination and verification of claims
- 61.18 Adjudicating on claims
- 61.19 Adjourning adjudications; fixing time for filing evidence etc.
- 61.20 Service of notice of judgment on certain claimants
- 61.21 Notice of claims allowed or disallowed
Division 5 -- Interest
- 61.23 Interest on debts
- 61.24 Interest on legacies
Division 6 -- Masters’ and registrars’ certificates
- 61.25 Master’s certificate
- 61.26 Settling and filing master’s certificate
- 61.27 Judge may determine questions in proceedings before master
- 61.28 Appeal against master’s certificate
- 61.28A Judge may discharge or vary registrar’s certificate
Division 7 -- Further consideration
- 61.29 Summons to have matter in chambers further considered
ORDER 62 -- Trustees Act 1962 rules
- 62.1 Making applications under Act
- 62.2 Title of proceedings
- 62.3 Payment into court under Act s. 99
- 62.4 Notice of payment in etc.
- 62.5 Applications in respect of money etc. paid into court
ORDER 65 -- Appeals to the General Division
Division 1 -- Preliminary matters
- 65.1 Terms used
- 65.2 Application of this Order
Division 2 -- General matters
- 65.3 Hearings by telephone
- 65.4 Judge’s general jurisdiction
- 65.5 Non‑attendance by party, consequences of
- 65.6 Decisions made in absence of party
- 65.7 Decisions made on the papers
Division 3 -- Procedure on appeals
- 65.8 Nature of appeals
- 65.9 Time for appealing
- 65.10 Appeal, how to commence
- 65.11 Primary court to be notified and to supply records
- 65.12 Respondent’s options
- 65.13 Interim order, applying for
- 65.14 Urgent appeal order, nature of
- 65.15 Consenting to orders
- 65.16 Appeal books not needed unless ordered
Division 4 -- Concluding an appeal
- 65.17 Discontinuing an appeal
- 65.18 Settling an appeal
- 65.19 Return of exhibits
ORDER 65C -- Electoral Act 1907 section 62N rules
- 65C.1 Term used: Electoral Commissioner
- 65C.2 Application of this Order
- 65C.3 Application for review
- 65C.4 Title of proceedings
- 65C.5 Hearing the review
- 65C.6 Date of hearing
- 65C.7 Review book
- 65C.8 Applicant limited to grounds in originating motion
- 65C.9 Right to be heard in opposition
- 65C.10 Additional affidavits, determination of issue etc.
- 65C.11 Order as to result of review
- 65C.12 Application of rules of court
ORDER 66 -- Costs
Division 1 -- General
- 66.1 General rules as to costs
- 66.2 Costs where several causes of action, defendants etc.
- 66.3 Costs of amendment without leave or where facts or documents not admitted
- 66.4 Action as to property, ordering costs out of property
- 66.5 Lawyer may be ordered to pay costs etc.
- 66.6 Solicitor guardian ad litem, costs of
- 66.7 Set‑off may be allowed despite solicitor’s lien
- 66.8 State solicitors, costs of
- 66.8A Costs in case of legal practitioner acting pro bono
- 66.9 Restriction of discretion to order costs in some cases
- 66.10 Stage at which costs may be dealt with
- 66.11 Scale of costs
- 66.13 Costs where scale does not apply
- 66.14 Lump sum award for costs, interim award as to
- 66.17 Cases that Magistrates Court could have decided, costs in
- 66.18 Matters not provided for in scale
- 66.19 Disbursements etc. allowable on taxation
- 66.20 Basis for calculating costs
- 66.21 No substantial trial, costs in case of
- 66.23 Certain fees in scales may be increased if inadequate
- 66.24 Judgment for person under disability, solicitor’s costs in case of
- 66.25 Own costs orders
Division 2 -- Taxation of costs
- 66.32 Bills of costs to be taxed
- 66.33 Indorsements on bill of costs
- 66.34 When notice of taxation need not be given
- 66.35 Notice of taxation
- 66.36 Vouchers as to disbursements to be filed
- 66.37 Solicitor delaying taxation
- 66.38 Appointment to tax costs to be peremptory
- 66.39 Taxing officer may direct bills of costs to be brought in
- 66.40 Default by party in taxing costs
- 66.41 If costs payable out of property, notice to clients may be directed
- 66.42 Bills of costs, content of
- 66.43 Taxing officer’s decisions on fact are final
- 66.44 Taxing officer’s powers
- 66.45 Taxing officer may refer taxation question to Court
- 66.46 Where proceedings adjourned into court
- 66.47 Interrogatories and discovery, costs of
- 66.48 Costs of motion etc. follow event
- 66.49 Motion etc. stood over to trial and no order made as to costs, costs in case of
- 66.50 Costs reserved
- 66.51 When Court may fix costs
- 66.52 Taxing officer may refer question to judge if costs to be apportioned etc.
Division 3 -- Review of taxation
- 66.53 Party dissatisfied with taxation may object and apply for review
- 66.54 Review of taxation by taxing officer
- 66.55 Review of taxation by judge
- 66.56 No further evidence on review except with leave
Division 4 -- Miscellaneous
- 66.57 Taxing officer’s certificate enforceable as judgment
- 66.58 Stay on review
- 66.59 Party liable to be paid and to pay costs, taxing officer’s powers in case of
- 66.60 Taking of accounts, taxing officer’s duties and powers on
- 66.61 Interim certificate in matters of account
ORDER 67 -- Central Office, officers
- 67.1 Superintendence of Central Office
- 67.2 Ministerial acts of registrar
- 67.3 Taking of oaths and affidavits
- 67.4 Seals
- 67.5 Abuse of process etc., procedure in case of
- 67.6 Sealed documents, evidentiary status of
- 67.7 Petition, award etc. to be filed before judgment etc. passed
- 67.8 Indexes to filed documents
- 67.9 Date of filing to be marked etc.
- 67.10 Custody of documents and things
- 67.12 Deposit of documents
- 67.13 Restriction on removal of documents
- 67.14 Deposit for officer’s expenses
- 67.15 Admissions, awards etc. to be filed
- 67.16 New forms
- 67.17 Accounts etc. to be taken by registrar, rules applying to
- 67.18 Reference in judgment etc. to registrar, effect of
- 67.19 Principal Registrar may declare ECMS unavailable
ORDER 67A -- Filing documents
Division 1 -- Preliminary matters
Division 2 -- Filing documents
- 67A.2 General rules about filing documents
- 67A.3 Documents must be filed using ECMS
- 67A.4 Documents presented for filing using ECMS or email
- 67A.5 Delivering documents for filing
- 67A.6 Posting documents for filing
- 67A.7 Faxing documents for filing
- 67A.8 How filed paper documents are to be dealt with
Division 3 -- Documents containing sensitive information
- 67A.9 Terms used
- 67A.10 Person to advise Court if filing sensitive document
- 67A.11 Documents containing restricted information
- 67A.12 Documents containing information to which access should be restricted
- 67A.13 Restricted documents
- 67A.14 Documents that are not to be accessible to judiciary
Division 4 -- Miscellaneous matters
- 67A.15 Principal Registrar may delegate
- 67A.16 Principal Registrar may refer matters to judge or master
- 67A.17 Appeals from decisions made under this Order
ORDER 67B -- Access to information and things held by the Court
Division 1 -- Preliminary matters
- 67B.1 Terms used
- 67B.2 Application of this Order
- 67B.3 Access to information and things under other legislation
- 67B.4 Order does not limit Court’s general power to release information
Division 2 -- Orders restricting access
- 67B.5 Court’s powers to restrict access
Division 3 -- Entitlements to access
- 67B.6 Entitlements of every person
- 67B.7 Entitlements of parties
Division 4 -- Access with the Court’s permission
- 67B.8 Access with the Court’s permission
- 67B.9 When Court can give permission
- 67B.10 When media manager can give permission
Division 5 -- Applications for access
- 67B.11 Applying for access
- 67B.12 Court’s powers as to applications for permission
- 67B.13 How applications are determined
Division 6 -- How access is given
- 67B.14 How and when the Court gives access
Division 7 -- Access by non‑parties to documents in cases commenced before 1 March 2018
- 67B.15 Application of this Division
- 67B.16 Documents that can be inspected or copied
Division 8 -- Miscellaneous matters
- 67B.17 Registrars’ decisions may be dealt with by judge or master
ORDER 68 -- Sittings, vacations and office hours
- 68.1 Civil sittings
- 68.2 Criminal sittings
- 68.3 Court vacations
- 68.4 Days included in sitting and vacation
- 68.5 When Court’s offices are open
- 68.6 Office hours
- 68.7 Vacation Judge
ORDER 69 -- Paper, printing, notice, and copies
- 69.1 Printing of documents, rules as to
- 69.2 Requirements as to documents prepared by parties
- 69.4 Copies of documents for other parties
- 69.5 Requirements as to copies
- 69.6 Copies of affidavits on certain ex parte applications
ORDER 70 -- Disability
- 70.1 Terms used
- 70.2 Persons under disability suing or defending
- 70.3 Appointment of next friend or guardian ad litem
- 70.4 Special provisions for probate actions
- 70.5 Procedure on no appearance by person under disability
- 70.6 Time for application by person under disability to discharge or vary order under O. 18 r. 7
- 70.7 Removal of next friend or guardian
- 70.8 No implied admission from pleading
- 70.9 Discovery and interrogatories
- 70.10 Settlement etc. of action by person under disability
- 70.10A Settlement etc. of appeal by person under disability
- 70.11 Settlement etc. before action commenced
- 70.12 Control of money recovered for person under disability
- 70.13 Personal service on person under disability
ORDER 71 -- Partners, business names
- 71.1 Partners may sue or be sued in name of firm
- 71.2 Disclosure of partners’ names
- 71.3 Service on firm
- 71.4 Person served under r. 3 to be notified of character in which he is served
- 71.5 Appearance of partners
- 71.6 No appearance except by partners
- 71.7 Appearance under protest of person served as partner
- 71.9 Rules 1 to 7 apply also to some actions between firm and its members etc.
- 71.11 Rules 2 to 9 apply to proceedings begun by originating summons
- 71.12 Application to person using business name
- 71.13 Application to charge partner’s interest in partnership etc.
ORDER 71A -- Contact details of parties and others
- 71A.1 Addresses of places, requirements for
- 71A.2 Geographical addresses
- 71A.3A Court may dispense with requirement to state geographical address
- 71A.3 Service details, meaning of
- 71A.4 Documents without contact details to be rejected
- 71A.5 Changes of information to be notified
- 71A.6 Fictitious details in documents, court powers as to
ORDER 72 -- Service of documents
- 72.1 When personal service required
- 72.2 Personal service on individual
- 72.3 Personal service on body corporate
- 72.3A Personal service on State
- 72.4 Substituted service
- 72.5 Ordinary service, how effected
- 72.5A Ordinary service, when effected
- 72.6 Service of documents by Court
- 72.6A Serving documents by email
- 72.7 Affidavits of service, content of
- 72.8 No service required in certain cases
ORDER 73 -- Probate proceedings
- 73.1 Application of this Order and terms used
- 73.2 Commencing probate action
- 73.4 Intervention by person who is not defendant
- 73.5 Citation against non-party with adverse interest
- 73.6 Person cited failing to appear
- 73.7 Entry of appearance
- 73.8 Citation to executor etc. to bring in probate etc.
- 73.8A Applications to include draft citation
- 73.9 Citations, issue of
- 73.10 Service of citations
- 73.11 Affidavit of scripts
- 73.12 Scripts in pencil, affidavits as to; inspecting affidavits of scripts
- 73.13 Default of appearance
- 73.14 Counterclaim
- 73.15 Defendant may require only proof in solemn form
- 73.16 Pleadings
- 73.17 Default of pleadings
- 73.18 Discontinuance
- 73.19 Compromise
- 73.20 Orders etc. to bring in will etc.
- 73.21 Applications, making
- 73.22 Administrator or receiver appointed pending litigation
ORDER 75 -- Family Provision Act 1972 rules
- 75.1 Terms used
- 75.2 Applications under Act, making of
- 75.3 Copy of summons to be placed on probate file or linked to electronic file
- 75.5 Court may make inquiries etc.
- 75.6 Parties may be added
- 75.7 Representative defendant
- 75.8 Probate etc. to be lodged at Registry if judgment for plaintiff
- 75.9 Appearance to originating summons for extension of time not required
ORDER 75A -- Admission rules
- 75A.1 Terms used
- 75A.2 Application for admission
- 75A.2A Compliance certificates
- 75A.2B Appeals under Legal Profession Uniform Law (WA) section 26 or
- 75A.2C Objection to admission
- 75A.3 Attendance at hearing of application for admission
- 75A.4 Oath or affirmation
ORDER 76 -- Public Notaries Act 1979 rules
- 76.1 Terms used
- 76.1A Districts prescribed for Act
- 76.2 Application for certificate of fitness (Act s. 8)
- 76.3 Notice of intention to apply to be appointed Public Notary (Act s. 9)
- 76.4 Application to be appointed Public Notary
- 76.5 Certificates of appointment, form of
- 76.6 Applications to suspend or strike off Public Notaries
- 76.7 Fees payable on application for appointment
ORDER 80 -- Escheat (Procedure) Act 1940 rules
- 80.1 Term used: said Act
- 80.2 Applications for Order of Escheat, making
- 80.3 Notice of applications, form of
- 80.4 Evidence; judge may direct inquiry
- 80.5 Claimants to file affidavit verifying claim and may be heard
- 80.6 Judge may order issue to be tried
- 80.7 Order of Escheat, form of
- 80.8 Costs
ORDER 80A -- Royal Commission (Custody of Records) Act 1992 rules
- 80A.1 Terms used
- 80A.2 Applications for leave to have access (Act s. 14)
- 80A.3 Order granting leave, form of
ORDER 81B -- Service and Execution of Process Act 1992 (Commonwealth) rules
- 81B.1 Terms used; how applications to be made
- 81B.2 Enforcing judgments under Act s. 105, procedure for
- 81B.3 Claiming interest under Act s. 108, procedure for
- 81B.4 Appeals under Act
ORDER 81C -- Road traffic legislation rules
- 81C.1 Terms used
- 81C.2 Applications under RT (AD) Act s. 24, 27 or 35, how to be made
- 81C.3 Registrar’s functions when application is made
- 81C.4 Applicant to serve application etc.
- 81C.5 Hearing of application, appearance at
- 81C.6 Hearing of application, procedure on
- 81C.7 CEO to be notified of decision
ORDER 81E -- Cross‑vesting
- 81E.1 Terms used
- 81E.2 Application of this Order
- 81E.3 Commencing proceedings that rely on cross-vesting laws
- 81E.4 Special federal matters
- 81E.6 Directions for conduct of proceedings
- 81E.7 Transfer of proceedings
- 81E.8 Applications to be dealt with by judge
- 81E.9 Transfer on Attorney General’s application (Act s. 5 or 6)
- 81E.10 Transfer under Act s. 8, Court’s powers on
- 81E.11 Procedure if laws etc. of other place to apply under Act s. 11(1)
ORDER 81F -- Proceeds of Crime Act 2002 (Commonwealth) rules
- 81F.1 Terms used
- 81F.2 Applications under Act, how to be made
- 81F.3 Service on DPP (Cwlth) in Perth
- 81F.4 DPP to file grounds for contesting application
- 81F.5 Summons for directions
- 81F.6 Court may give directions at any time
- 81F.7 Representative respondent
- 81F.8 Evidence on applications
- 81F.9 Court may order separate hearing
ORDER 81FA -- Criminal Property Confiscation Act 2000 rules
PART 1 -- Preliminary
PART 2 -- Proceedings under the Confiscation Act 2000
- 81FA.2 Declarations under Act s. 30, applications for
- 81FA.3 Other declarations or orders, applications for
- 81FA.4 Affidavit in support required for some applications
- 81FA.5 Objections to confiscation of property, making of
- 81FA.6 DPP or CCC to be served
- 81FA.7 Directions
- 81FA.8 Conference not required
- 81FA.9 Representative defendant
PART 3 -- Registration of freezing notices and interstate orders
- 81FA.10 Freezing notices, registration of etc.
- 81FA.11 Interstate orders, registration of etc.
ORDER 81G -- Criminal and Found Property Disposal Act 2006 rules
- 81G.1 Terms used
- 81G.2 General matters
- 81G.3 Claims, how to be made
- 81G.4 Defendant may file memorandum of appearance
- 81G.5 Defendant may file affidavit in response
- 81G.6 Applications in course of proceedings on claim
- 81G.7 Hearing claims
- 81G.8 Costs
- 81G.9 Documents cannot be filed electronically
ORDER 81H -- Surveillance Devices Act 1998 rules
- 81H.1 Term used: Act
- 81H.2 Warrants, applications for
- 81H.3 Report to judge (Act s. 21 or 30)
- 81H.4 Order allowing publication etc. (Act s. 31), application for
- 81H.5 Identification of persons in documents
- 81H.6 Practice Directions
- 81H.7 Documents cannot be filed electronically
ORDER 82 -- Sheriff’s rules
- 82.7 Service of process by sheriff
- 82.9 Fees etc. payable to sheriff, disputes as to
- 82.11 Deposit on account of sheriff’s fees
- 82.14 Travel distance by sheriff for service
- 82.16 Non‑payment of sheriff’s fees, consequences of
ORDER 83 -- Consolidation of pending causes and matters
- 83.1 Causes may be consolidated
- 83.2 Consolidation with action removed from another court
- 83.3 Directions
ORDER 84 -- General rules
- 84.1 Repealed Orders not revived
- 84.2 Cases not provided for
- 84.3 Publication of written reasons for judgment
- 84.4 Bankruptcy jurisdiction, duty of Registrar in Bankruptcy as to seals, records etc.
- 84.5 Public Trustee Act 1941 s. 27, proceedings under
- 84.6 Sale proceeds paid into court, claimants to must file affidavit
- 84.7 Account by solicitor to client, applying for and order as to
- 84.8 Interest and apportionment, certification of
- 84.9 Admiralty Act 1988 (Cwlth) rules, registrar etc. may exercise powers etc. under
ORDER 85 -- Federal Courts (State Jurisdiction) Act 1999 rules
- 85.1 Terms used
- 85.2 Title of proceedings
- 85.3 No proceedings on ineffective judgment before application to have it registered
- 85.4 Ineffective judgment, application for registration of
- 85.5 Ineffective judgments, registration of
- 85.6 Act s. 10, application for order under
- 85.7 Act s. 11, application for order under
- 85.8 Act s. 11, effect of order under