Western Australian Consolidated Regulations
[Index]
[Table]
[Search]
[Search this Regulation]
[Notes]
[Noteup]
[Download]
[Help]
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. Definitions
1.4A. Elimination of delays
1.4B. System of case flow management
1.4C. Parties to notify settlement
1.5. Construction of references to Orders, Rules etc.
1.6. Forms
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. “Month” means calendar month
3.2. Reckoning periods of time
3.3. Period between 24 December and 15 January excluded from time for filing etc. of pleading
3.4. Time expires on day on which Central Office closed
3.5. Extension etc. of time
3.6. Extension where security ordered
3.7. Notice of intention to proceed after year’s delay
ORDER 4 -- Mode of commencing proceedings: applications in pending proceedings
4.1. Commencement of civil proceedings
4.2. Applications in pending proceedings
4.3. Right to sue in person
ORDER 5 -- Writs of summons
5.1. Form of writ
5.2. Writs for service out of the State
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. Copy to be filed
5.9. Writs for service out of the State
5.10. All writs to be tested
5.11. Time for appearance to be stated in writ
ORDER 6 -- Indorsement of claim: other indorsements
6.1. Indorsement of claim
6.2. Actions for libel
6.3. Indorsement of statement of claim
6.4. Notice as to stay of proceedings
6.5. Representative character
6.6. Indorsement of 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. Evidence 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 whether writ issued by his authority
8.2. Change of solicitor
8.3. Notice of change of agent
8.4. Notice of appointment of solicitor
8.5. Notice of intention to act in person
8.5A. Notices to state party’s contact details
8.6. Removal of solicitor from the record
8.7. Withdrawal of a solicitor who has ceased to act for a party
8.8. Effect of order
8.9. Service details of party whose solicitor is removed
8.11. Solicitor not to act for adverse parties
8.12. Practitioner or clerk not to be security
ORDER 9 -- Service of originating process: general provisions
9.1. General provisions
9.2. Service of writ on agent of oversea principal
9.3. Service of writ in pursuance of contract
9.4. Service of writ in certain actions for possession of land
9.5. Service of originating summons, petition and notice of motion
ORDER 10 -- Service out of the jurisdiction
10.1A. Application
10.1. When service out of jurisdiction is permissible
10.2. Service out of the jurisdiction in certain actions in contract
10.3. Notice of writ
10.4. Application for leave
10.5. Time for appearance
10.6. Service of notice
10.7. Service of originating summons and other documents
10.8. Saving of existing practice
10.9. Service abroad through foreign governments, judicial authorities, and consuls
10.10. Service abroad: general and saving provisions
10.11. Undertaking to pay expenses of service
ORDER 11 -- Service of foreign process
11.1A. Application
11.1. Definitions
11.2. Service of foreign legal process
11.3. Service under Convention
11.4. Service to be through sheriff
11.5. Consequential orders
ORDER 11A -- Service of foreign judicial process originating in a country that is a party to the Hague Convention
11A.1. Definitions
11A.2. Application
11A.3. Request for service and accompanying documents
11A.4. Service
11A.5. Affidavit of service
11A.6. Certificate of service
11A.7. Application of Rules generally
ORDER 11B -- Service of judicial process in a country that is a party to the Hague Convention
11B.1. Definitions
11B.2. Application
11B.3. Records
11B.4. Documents required to be filed
11B.5. Procedure on filing application requesting service etc.
11B.6. Procedure on receipt of certificate in respect of service
11B.7. Payment of costs
11B.8. Evidence of service
11B.9. Application of Rules generally
ORDER 11C -- Judgments in default of appearance where originating process is transmitted for service under the Hague Convention
11C.1. Definitions
11C.2. Application
11C.3. Power to enter judgment in default of appearance where a certificate of service has been filed
11C.4. Filing of certificate of service deemed to be compliance with certain other Rules
11C.5. Power to enter judgment in default of appearance where a certificate of service has not been filed
11C.6. Interlocutory orders
11C.7. Setting aside a judgment in default of appearance
11C.8. Application of Rules generally
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 service before appearance
12.8. Person not named may defend for land
12.9. Person appearing to be named as defendant
12.10. Limited defence and notice thereof
ORDER 13 -- Default of appearance to writ
13.1. Affidavit of service
13.2. Claim for liquidated demand
13.3. Where liquidated demand judgment against several defendants
13.4. Claim in detinue
13.5. Claim for possession of land
13.6. Mixed claims
13.7. Claims for damages
13.8. Other cases
13.9. Reference to Court in case of doubt
13.10. Setting aside judgment
ORDER 14 -- Summary judgment
14.1. Plaintiff’s application for summary judgment
14.2. Application to be by summons
14.3. Judgment may be given for plaintiff
14.4. Leave to defend
14.6. Summary judgment on counterclaim
14.7. Directions
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 forfeiture
14.12. Setting aside judgment
ORDER 16 -- Summary judgment on application of defendant
16.1. Defendant may apply for summary judgment
16.2. Plaintiff may show cause
16.3. Directions
16.4. Judgment may be set aside or varied
ORDER 17 -- Interpleader
17.1. Relief by way of interpleader
17.2. Mode of application
17.3. Time for application by defendant
17.4. Stay of proceedings
17.5. Order on summons
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. Other powers of the Court
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. Provisions consequential on making of order under Rule 6 or
18.9. Failure to proceed after death of party
18.10. Actions for possession of land
18.11. Relator actions
18.12. Representative 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 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 a defendant and some other 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. Service of Statement of Claim
20.2. Statement of Claim
20.3. Pleadings etc. to be filed before service
20.4. Service of defence
20.5. Service of reply and defence to counterclaim
20.6. Pleadings subsequent to reply
20.7. Pleadings: formal requirements
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. Departure
20.12. Points of law may be pleaded
20.13. Particulars of pleading
20.13A. Particulars in defamation actions
20.14. Admissions and denials
20.15. Denial by joinder of issue
20.16. Defence of tender
20.17. Defence of set-off
20.18. Counterclaim and defence to counterclaim
20.19. Striking out pleadings and indorsements
20.20. Close of pleadings
20.21. Trial without pleadings
20.22. Preparation of issues
20.23. Preliminary Act -- collision between vessels
20.24. Failure to lodge Preliminary Act
ORDER 21 -- Amendment
21.1. Amendment of writ without leave
21.2. Amendment of appearance
21.3. Amendment of pleadings without leave
21.4. Application for disallowance of amendment made without leave
21.5. Amendment of writ or pleading with leave
21.6. Amendment of other originating process
21.7. Amendment of other documents
21.8. Failure to amend after order
21.9. Mode of amendment
21.10. Amendment of judgments and orders
ORDER 22 -- Default of pleadings
22.1. Default in service of statement of claim
22.2. Default of defence: claim for liquidated demand
22.3. Claim for unliquidated damages
22.4. Claim in detinue
22.5. Claim for possession of land
22.6. Mixed claims
22.7. Other claims
22.8. Default of defence to counterclaim
22.9. Reference to Court
22.10. Setting aside judgment
ORDER 23 -- Discontinuance
23.1. Withdrawal of appearance
23.2. Plaintiff may discontinue: defence 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. Amounts under $7 500 may be paid without administration
24.12. Regulations
ORDER 24A -- Offer of compromise
24A.1. Mode of making offer
24A.2. Application
24A.3. Time for making or accepting offer
24A.4. Time for payment
24A.5. Withdrawal of acceptance
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. Security generally
25.2. Grounds for ordering
25.3. Court has a discretion
25.4. Definition
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. Definitions
26.1. Discovery without order
26.2. Continuing obligation to give discovery
26.3. Determination of issue before discovery
26.4. Form of list and affidavit -- by whom made
26.5. Defendant entitled to copy of co-defendant’s list
26.6. Order for discovery of 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 the Court
26.11. Production only if necessary
26.11A. Costs of preparation of document to facilitate inspection
26.12. Claim of privilege
26.13. Production of business books
26.14. Where disclosure against public interest
26.15. Non-compliance with requirements for discovery etc.
26.15A. Certificate by solicitor
26.16. Revocation and variation of orders
ORDER 26A -- Discovery etc. from non-parties and potential parties
26A.1. Definitions
26A.2. Public interest immunity not affected
26A.3. Discovery etc. to identify a potential party
26A.4. Discovery from a potential party
26A.5. Discovery from a non-party
26A.6. Order 26 applies to discovery ordered under this Order
26A.7. Costs
ORDER 27 -- Interrogatories
27.1. Discovery by interrogatories
27.2. Answers
27.3. Note as to party required to answer
27.4. Statement in answer
27.5. Grounds for objection
27.6. Statements etc. -- by whom made
27.7. Order for answers or further answers
27.8. Non-compliance with order
27.9. Use of answers in evidence
27.10. Revocation and variation of orders
ORDER 28 -- Medical examination: Inspection of physical objects
28.1. Medical examination of parties
28.2. Inspection of physical objects
ORDER 29 -- Case flow management powers of the Court
29.1. Definitions
29.2. Court may review any case
29.3. Mediation conferences
29.3A. Application of Rules 4 and 4A
29.4. Compliance with standard times
29.4A. Failure to comply with standard times deemed in certain circumstances
29.5. Summons for directions
29.6. Directions hearings
ORDER 29A -- Case management
PART 1 -- Preliminary
29A.1. Application
29A.2. Definitions
29A.3. Case management directions
29A.4. Enforcement orders
29A.5. Inconsistencies with other Rules
PART 2 -- Case management conferences
29A.6. Status conference
29A.7. Case evaluation conference
29A.8. Listing conference
PART 3 -- General
29A.9. Other parties to be served within 24 hours
29A.10. Who is to attend conferences
29A.11. Mediation conferences
29A.12. Applications at case management conferences
29A.13. Judges and Masters may amend or cancel directions
29A.14. Non-compliance with case management direction: duty to notify etc.
29A.15. Cases that are struck out etc.
PART 4 -- Inactive Cases List
29A.16. Definition
29A.17. Registrar may issue summons to show cause
29A.18. Springing order that case be put on Inactive Cases List
29A.18A.Cases inactive for 12 months deemed inactive
29A.19. Parties to be notified of case being on Inactive Cases List and to advise clients
29A.20. Consequences of a case being on Inactive Cases List
29A.21. Cases on Inactive Cases List for 6 months to be taken to have been dismissed
ORDER 30 -- Admissions
30.1. Admission of other party’s case
30.2. Notice to admit facts
30.3. Judgment on admissions
30.4. Admission and production of documents
30.5. Notice to admit documents
ORDER 31 -- Special cases and stated cases
31.1. Questions of law
31.2. Preliminary question of law
31.3. Preparation of case
31.4. Person under disability -- leave to set down
31.5. Entry of 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 outside the Court
ORDER 31A -- Expedited List
31A.1. Definitions
31A.2. Entry into Expedited List
31A.3. Heading of documents
31A.4. Timetable
31A.5. Directions
31A.6. Amendment to pleadings
31A.7. Adjournments
31A.8. Interrogatories
31A.9. Plan, photograph or model
31A.10. Mediation
31A.11. Referees
31A.12. Entry for trial
31A.13. Removal from the Expedited List
31A.14. Inconsistencies with other Rules
ORDER 32 -- Place and mode of trial
32.1. Place of Trial
32.2. Application for trial by jury
32.3. Usual mode of trial
32.4. Time of trial of questions or issues
32.5. Issues may be tried differently
32.6. Trial with jury by a single Judge
32.7. Disposal of action
32.8. Trial by jury, precepts for etc.
ORDER 33 -- Entry for trial
33.1. Time for entering action
33.2. When plaintiff in default, other party may act
33.3. Notice of entry
33.4. Form of entry for trial
33.5. Time to elapse before hearing
33.6. Entry for Perth
33.7. Entry for Circuit Court
33.8. Certificate of readiness for trial required
33.8A. Affidavit of service of notice of entry for trial
33.8B. Application for adjournment to Judge in charge of Civil List
33.9. Application to countermand entry
33.10. After entry no interlocutory applications without leave
33.11. No withdrawal from list after date fixed except by leave
33.12. Fixing dates of trial
33.13. Re-listing for further consideration
33.14. Papers for the Judge
ORDER 34 -- Proceedings at trial
34.1. Failure of both parties to appear
34.2. Non-appearance of either party
34.3. Setting aside judgment given in absence of party
34.4. Adjournment of trial
34.5. Conduct of the trial
34.5A. Time etc. limits at trial
34.6. Evidence in mitigation of damages in libel or slander
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 or object to the person who produces the document or object
34.16. Death of party before judgment is given
34.17. Impounded documents
34.18. Assessment of damages by a 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 a Referee
35.3. Evidence before Referee
35.4. Authority of Referee
35.5. No power to imprison
35.6. Referee may submit question to the Court
35.7. Notice of report
35.8. Adoption etc. of report where further consideration adjourned
35.9. Application to adopt or vary report
35.10. Costs
35.11. Application of this Order to other references
ORDER 36 -- Evidence: General
36.1. General rule -- oral examination
36.2. Evidence by affidavit
36.3. Evidence of children and other witnesses
36.4. Reception of plans etc. in evidence
36.5. Orders may be revoked
36.6. Trials of issues, references etc.
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 the purposes of the Act s. 32
ORDER 36A -- Expert evidence
36A.1. Definitions
36A.2. Medical evidence in actions for personal injuries
36A.3. Other expert evidence
36A.4. Exceptions
36A.5. Limitation of expert evidence
36A.6. Disclosure of part of expert evidence
36A.7. Derogation of privilege
36A.8. Mode of application
36A.9. Revocation and variation of directions
ORDER 36B -- Subpoenas
36B.1. Definitions
36B.2. Issuing of subpoena
36B.3. Form of subpoena
36B.4. Setting aside or other relief
36B.5. Service
36B.6. Compliance with subpoena
36B.7. Production otherwise than upon attendance
36B.8. Removal, return, inspection, copying and disposal of documents and things
36B.9. Inspection of, and dealing with, documents and things produced otherwise than on attendance
36B.10. Disposal of documents and things produced
36B.11. Costs and expenses of compliance
36B.12. Failure to comply with subpoena -- contempt of court
36B.13. Documents and things in the custody of a court
ORDER 37 -- Affidavits
37.1. Title of affidavits
37.2. Form of affidavit
37.3. Affidavits by 2 or more deponents
37.5. Irregularity
37.6. Contents of affidavit
37.7. Scandalous matter
37.9. Exhibits
37.13. Affidavits to be filed
37.14. Special times for filing
37.15. Alterations in accounts
37.16. This Order additional to Oaths, Affidavits and Statutory Declarations Act 2005
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 for examination
38.7. Documents to be given to examiner
38.8. Practice on examination
38.9. Expenses of witnesses
38.10. Examination of additional witnesses
38.11. Mode of taking deposition
38.12. Objection to questions
38.13. 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. Definitions
38A.2. Application of this Order
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. Definitions
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
39A.1. Definitions
39A.2. Application
39A.3. Leave to serve subpoena
39A.4. Setting aside subpoena (Act s. 13)
39A.5. Failure to comply with subpoena (Act s. 16)
39A.6. Evidence by video link or telephone (Act s. 25)
39A.7. Fax copies
ORDER 40 -- Court experts
40.1. Definitions
40.2. Appointment of expert
40.3. Report of Court expert
40.4. Cross-examination
40.5. Remuneration
40.6. Further expert witnesses
ORDER 41 -- Motion for judgment
41.1. Judgment to be on motion
41.2. Judgment after issues tried
41.3. Where some issues only determined
41.4. Motion 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 perform any act
42.4. Judgment on production of affidavit or document
42.5. Judgment on production of order or certificate
42.6. Judgment on certificate of Master or Registrar
42.7. Judgment by consent when party appears by a solicitor
42.8. Consent of party in person
42.9. Satisfaction of judgments
ORDER 43 -- Drawing up judgments and orders
43.1. Drawing up of judgments etc.
43.2. When order need not be drawn up
43.3. Authentication of judgments and orders
43.4. Sealed duplicate to be issued
43.5. Amendment of order
43.6. Draft and documents to be lodged
43.7. Appointment to settle draft
43.8. Attendance on settling the draft
43.9. Default of attendance
43.10. Dispensing with appointment
43.11. Registrar’s powers and reference to the Court
43.12. Party to engross
43.13. Certificate for special allowance
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. Definitions
44A.2. Application
44A.3. Application for registration
44A.4. Evidence in support of application
44A.5. Security for costs
44A.6. Order for registration
44A.7. Register to be kept
44A.8. Notice of registration
44A.9. Indorsement of service
44A.10. Application to set aside registration
44A.11. Enforcement
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 accounts
45.2. Accounts etc. 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. Mode of vouching accounts
45.7. Surcharge or error
45.8. Just allowances
45.9. Expediting proceedings
45.10. Distribution of 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. Definitions
46.2. Applications that may be dealt with by a registrar
46.3. Enforcing judgment in action between partners
ORDER 51 -- Receivers
51.1. Application for receiver and injunction
51.3. Receiver’s security
51.4. Remuneration of receiver
51.5. Accounts
51.6. Payment of balances by receiver
51.7. Default by receiver
51.8. Books to be deposited
51.9. Compensation to party restrained
51.10. Compensation by applicant to party restrained
51.11. Application of this Order
ORDER 52 -- Interlocutory injunctions, interim preservation of property
52.1. Application for injunction
52.2. Detention, preservation or inspection of property
52.3. Power to order taking of samples etc.
52.4. Disposal of perishable property etc.
52.5. Order for early trial
52.6. Recovery of personal property subject to lien
52.7. Directions
52.8. Allowance of income or transfer of property pendente lite
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. Definitions
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. Definitions
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
52B.7. Costs
ORDER 53 -- Sales of land by the Court
53.1. Definition
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 Order
54.2. Application by motion
54.3. Notice of motion
54.4. Length 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
54.8. Adjournment etc.
ORDER 55 -- Committal and attachment
55.1. Definition
55.2. Committal for contempt of court
55.3. Contempt in the face of the Court
55.4. Other cases of contempt
55.5. Form of notice and service
55.6. Arrest
55.7. Punishment
55.8. Power to suspend execution of committal order
55.9. Discharge
55.10. Saving for other powers
55.11. Court may make peremptory order in first instance
55.12. Application of Rules to attachment
ORDER 56 -- Mandamus, Certiorari, Prohibition, Quo Warranto
Division 1 -- General
56.1. Application ex parte
56.2. Application for order to show cause, procedure on
56.3. Order to show cause, terms of
56.4. Service of order to show cause or notice of motion
56.6. Applicant limited to grounds etc. in order nisi
56.7. Right to be heard in opposition
56.8. Additional affidavits, determination of issue etc.
56.9. Order absolute, costs
56.10. Issue and filing of writs
Division 2 -- Certiorari
56.11. Time for application
56.12. Copy of warrant, order etc. to be produced
56.13. Order to quash in the first instance
56.14. Forms
Division 3 -- Mandamus
56.15. Prosecutor to show interest
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 and service
56.21. Pleading to return
56.22. No motion for judgment
56.23. Peremptory writ
56.24. Costs where peremptory writ awarded in first instance, or on obedience
56.25. Proceedings in nature of interpleader
56.26. Proceedings not to abate
56.27. Time
56.28. Mandamus by order
56.29. No action against party obeying writ or order
Division 4 -- Prohibition
56.30. Pleadings in Prohibition
56.31. Proceedings on judgment
56.32. Writ of Procedendo
56.33. Prohibition by order
Division 5 -- 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. Definitions
56A.2. Application for a 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 of habeas corpus
57.2. Power of Court when ex parte application made
57.3. Copies of affidavits to be supplied
57.4. Power to 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. Proceedings to be heard in chambers to be commenced by originating summons
Division 2 -- Administration and trusts
58.2. Originating summons for relief without administration
58.3. Summons for administration
58.4. Service
58.5. Decision without judgment for administration
58.6. Orders which may be made on application for administration or execution 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 statutes etc.
58.12. Discretion of Court
58.13. Application by vendor or purchaser of land
Division 5 -- General
58.14. Form and issue of originating summons
58.15. Duration and renewal: Concurrent summons
58.16. Time for appearance
58.17. Entry of appearance
58.18. Where appearance not required
58.18A. Time for service where appearance is not required
58.19. Fixing time for hearing
58.20. Notice of hearing
58.21. Evidence
58.22. Proceeding where a party fails to attend
58.23. Order made ex parte may be set aside
58.24. Costs thrown away by non-attendance of party
58.25. Further attendance where summons not fully disposed of
58.26. What matters may be included in the same summons
58.27. Directions etc.
58.28. Adjournment of summons
58.29. Further provisions as to powers and procedure
58.30. Directions regarding applications under Transfer of Land Act 1893 s. 129C
ORDER 59 -- Applications and proceedings in chambers
59.1. Business at chambers
59.2. Hearing of proceedings in open court
59.3. Form of applications in chambers
59.4. Form and issue of summons
59.5. Service of summons
59.6. Obtaining assistance of experts
59.7. Application of O. 58 R. 22 to 28
59.8. Summons operating as stay of proceedings
59.9. Parties to confer before making application
59.10. Form of order
ORDER 60 -- Masters’ jurisdiction
60.1. Masters’ general jurisdiction
60.2. Master may refer proceedings to Judge or Court of Appeal
ORDER 60A -- Jurisdiction of Registrars and appeals from Registrars’ decisions
60A.1. Powers of Registrars
60A.2. Powers of Case Management Registrars
60A.2A. Applications within Registrar’s jurisdiction to be made to Registrar
60A.3. Registrar may refer matters to a higher judicial officer
60A.4. Appeals from Registrars
60A.5. Appeal procedure
60A.6. Powers of Judge or Master on appeal
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 an order
Division 2 -- Summons to proceed
61.2. Summons to proceed and directions
61.3. Notice of judgment to be served on certain persons
61.4. Settling deed if parties differ
61.5. When service of notice of judgment may be dispensed with
61.6. Power to bind where service dispensed with
61.7. Procedure where some parties not served
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 may be directed
61.14. By whom prepared and signed
61.15. Form of advertisement
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. Adjudication on claims
61.19. Adjournment -- further evidence
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 of Master’s certificate
61.27. Parties may take opinion of the Judge
61.28. Discharge or variation of Master’s certificate
61.28A. Discharge or variation of Registrar’s certificate
Division 7 -- Further consideration
61.29. Summons to have matter further considered
ORDER 62 -- Trustees Act 1962 rules
62.1. Mode of application
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. and notice thereof
ORDER 62A -- Mortgage actions
62A.1. Application and definitions
62A.2. Claim for possession: non-appearance by a defendant
62A.3. Evidence in support of originating summons for possession or payment
62A.4. Action by writ: judgment in default
62A.5. Foreclosure in redemption action
ORDER 65 -- Appeals to the General Division
Division 1 -- Preliminary matters
65.1. Definitions
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 a 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. Definition
65C.2. Application of Order
65C.3. Application for review
65C.4. Title of the notice of review
65C.5. Hearing
65C.6. Date of hearing
65C.7. Review book
65C.8. Applicant limited to grounds in notice of originating motion
65C.9. Right to be heard in opposition
65C.10. Additional affidavits, determination of issue etc.
65C.11. Order
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 or several defendants etc.
66.3. Costs of amendment without leave: non-admission of facts or documents
66.4. Costs out of fund or property
66.5. Liability of solicitor
66.6. Costs of solicitor guardian ad litem
66.7. Set-off
66.8. Costs of Law Officers
66.8A. Costs where practitioner acts pro bono
66.9. Restriction of discretion to order costs
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 -- interim award
66.17. Costs in small claims
66.18. Matters not provided for in the scale
66.19. Allowances on taxation
66.20. Basis for calculation of costs
66.21. Costs where no substantial trial
66.23. Certain fees may be increased in special circumstances
66.24. Costs of solicitor when money recovered by or on behalf of infant etc.
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 to be lodged
66.37. Solicitor delaying taxation
66.38. Appointment 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. Where costs payable out of property notice to clients may be directed
66.42. Form of bills of costs
66.43. Taxing Officer determines questions of fact
66.44. Power of Taxing Officer
66.45. Reference to Court
66.46. Where proceedings adjourned into court
66.47. Costs of interrogatories, discovery
66.48. Costs of motion etc. following event
66.49. Where motion etc. stood over to trial and no order made as to costs
66.50. Costs reserved
66.51. Where Court may fix costs
66.52. Leave to refer to Judge where costs to be apportioned etc.
Division 3 -- Review of taxation
66.53. Party dissatisfied with taxation may object
66.54. Taxing Officer may review taxation
66.55. Taxation may be reviewed by a Judge
66.56. No further evidence on review except with leave
Division 4 -- Miscellaneous
66.57. Taxing Officer’s certificate enforceable as a judgment
66.58. Stay on review
66.59. Power of Taxing Officer where party liable to be paid and to pay costs
66.60. Taxing Officer to assist in settling costs on taking of accounts
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: Reference by Registrar to Judge
67.6. Office copies etc.
67.7. Petition, award etc. to be filed before judgment etc. passed
67.8. Indexes
67.9. Date of filing to be marked etc.
67.10. Custody and searches of records
67.11. Inspection
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. Application of certain rules to accounts etc. taken by Registrar
67.18. Reference in judgment to Registrar
67.19. Some documents may be filed by fax
67.20. Some documents may be filed using the Court’s website
ORDER 68 -- Sittings, vacations and office hours
68.1. Civil sittings
68.2. Criminal sittings
68.3. Vacations
68.4. Days included in sitting and vacation
68.5. Offices -- days on which open
68.6. Office hours
68.7. Vacation Judge
ORDER 69 -- Paper, printing, notice, and copies
69.1. Regulations as to printing and photography
69.2. Requirements as to documents
69.3. Direction of Court as to cost of printing, shorthand, recording
69.4. Copies of documents for the other parties
69.5. Requirements as to copies
69.6. Copies of affidavits on certain ex parte applications
ORDER 70 -- Disability
70.1. Definitions
70.2. Persons under disability suing or defending
70.3. Appointment of next friend or guardian ad litem
70.4. Probate actions, special provisions for
70.5. Where person under disability does not appear
70.6. Discharge or variation of certain orders
70.7. Removal of next friend or guardian
70.8. No implied admission from pleading
70.9. Discovery and interrogatories
70.10. Compromise of action by person under disability
70.10A. Compromise of appeal by person under disability
70.11. Compromise before action
70.12. Control of money recovered
70.13. Personal service on person under disability
ORDER 71 -- Partners, business names
71.1. Partners may sue or be sued in the firm name
71.2. Disclosure of partners’ names
71.3. Service
71.4. Notice of capacity in which person is served
71.5. Appearance of partners
71.6. No appearance except by partners
71.7. Appearance under protest of person served as a partner
71.9. Rules 1 to 7 apply also to some actions between a firm and its members etc.
71.11. Proceedings begun by originating summons
71.12. Application to person using a business name
71.13. Charge on partner’s interest in partnership
ORDER 71A -- Contact details of parties and others
71A.1. Addresses of places, requirements for
71A.2. Geographical addresses
71A.3. Service details
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 -- how effected
72.3. Personal service on body corporate
72.3A. Personal service on the State
72.4. Substituted service
72.5. Ordinary service, how effected
72.5A. Ordinary service, when effected
72.6. Service of documents by the Court
72.6A. Serving documents by email
72.7. Affidavit of service
72.8. No service required in certain cases
ORDER 73 -- Probate proceedings
73.1. Application and definitions
73.2. Issue of writ
73.3. Service out of the jurisdiction
73.4. Intervention
73.5. Citation to see proceedings
73.6. Person cited failing to appear
73.7. Entry of appearance
73.8. Citation to bring in grant
73.9. Citations
73.10. Service of citations
73.11. Affidavit of scripts
73.12. Where script in pencil
73.13. Default of appearance
73.14. Counterclaim
73.15. Party may give notice that he only requires 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 testamentary papers
73.21. Applications to the Court
73.22. Administration pending litigation
ORDER 75 -- Inheritance (Family and Dependants Provision) Act 1972 rules
75.1. Definitions
75.2. Mode of application
75.3. Copy of summons to be placed on probate 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
75.9. Appearance to originating summons for extension of time not required
ORDER 75A -- Legal Profession Act 2008 rules
75A.1. Terms used in this Order
75A.2. Application to the Supreme Court (full bench)
75A.3. Applicant to attend
75A.4. Oath or affirmation
ORDER 76 -- Public Notaries Act 1979 rules
76.1. Definitions
76.1A. Districts prescribed for the Act
76.2. Application for certificate of fitness
76.3. Notice of intention to apply (Act s. 9)
76.4. Application to Supreme Court (full bench)
76.5. Form of certificates
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. Definition
80.2. Mode of application
80.3. Notice
80.4. Evidence: Judge may direct inquiry
80.5. Affidavit verifying claim to be filed
80.6. Judge may order issue to be tried
80.7. Form of Order
80.8. Costs
ORDER 80A -- Royal Commission (Custody of Records) Act 1992 rules
80A.1. Definitions
80A.2. Applications to register
80A.3. Form of order
ORDER 81B -- Service and Execution of Process Act 1992 (Commonwealth) rules
81B.1. Application and definitions
81B.2. Enforcement of judgments under Act s. 105
81B.3. Interest under Act s.
81B.4. Appeals under the Act
ORDER 81C -- Road Traffic Act 1974 rules
81C.1. Definitions
81C.2. Applications under RTA s. 76 and 78, 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. Result of hearing, Director General to be notified
ORDER 81D -- Commercial Arbitration Act 1985 rules
81D.1. Definitions
81D.1A. Application
81D.2. Title of proceedings
81D.2A. Appeals under Act s. 38(2) and applications for leave to appeal
81D.3. Matters for a Judge in Court
81D.4. Time for applications to determine preliminary points of law
81D.5. Time for other applications and for appeals
81D.6. Interlocutory orders
81D.7. Subpoenas
81D.8. Orders for examination of witnesses
81D.9. Custody of records and exhibits
81D.11. Enforcement of arbitration awards
81D.12. Payment into and out of court
81D.13. Acceptance of money paid into court
81D.14. Money remaining in court
81D.15. Non-disclosure of payment into court
81D.16. Taxation of costs
ORDER 81E -- Cross-vesting
81E.1. Definitions
81E.2. Application of this Order
81E.3. Commencement of proceedings
81E.4. Special federal matters
81E.6. Directions
81E.7. Transfer of proceedings
81E.8. Applications to be dealt with by a Judge
81E.9. Transfer on Attorney General’s application
81E.10. Transfer to Court when no proceeding pending
81E.11. Conduct of proceedings
ORDER 81F -- Proceeds of Crime Act 2002 (Commonwealth) rules
81F.1. Definitions
81F.2. Applications under the Act, making of
81F.3. Service on the 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
81FA.1. Definitions
PART 2 -- Proceedings under the Confiscation Act 2000
81FA.2. Applications for confiscation declarations
81FA.3. Applications for other declarations or orders
81FA.4. Affidavit in support of an application
81FA.5. Objections to confiscation of property
81FA.6. Service on DPP
81FA.7. Directions
81FA.8. Conference not required
81FA.9. Representative defendant
PART 3 -- Registration of freezing notices and interstate orders
81FA.10.Registration of freezing notices
81FA.11.Registration of interstate orders
ORDER 81G -- Criminal and Found Property Disposal Act 2006 rules
81G.1. Terms used in this Order
81G.2. General matters
81G.3. Claims, making
81G.4. Defendant may file memorandum of appearance
81G.5. Defendant may file affidavit in response
81G.6. Applications in the course of proceedings on a claim
81G.7. Hearing a claim
81G.8. Costs
ORDER 81H -- Surveillance Devices Act 1998 rules
81H.1. Definition
81H.2. Application for warrant
81H.3. Reports to Judges
81H.4. Application for order allowing publication or communication in the public interest
81H.5. Identification of persons in documents
81H.6. Practice Directions
ORDER 82 -- Sheriff’s Rules
82.7. Service of process by sheriff
82.9. Taxation of fees
82.11. Deposit on account of fees
82.14. Service at a distance
82.16. Default in payment of fees
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. Seal and records in Federal Jurisdiction in Bankruptcy
84.5. Summary proceedings under Public Trustee Act 1941 s. 27
84.6. Affidavit of claim to purchase money paid into court
84.7. Account by solicitor
84.8. Interest and apportionment, certification of
84.9. Proceedings under Admiralty Act 1988 (Commonwealth)
ORDER 85 -- Federal Courts (State Jurisdiction) Act 1999 rules
85.1. Definitions
85.2. Title of proceedings
85.3. When ineffective judgment to be registered
85.4. Application for registration
85.5. Ineffective judgments may be registered
85.6. Applications for an order under Act s. 10
85.7. Applications under Act s. 11
85.8. Effect of order under Act s. 11
SECOND SCHEDULE
THIRD SCHEDULE
Compilation table
[Index]
[Table]
[Search]
[Search this Regulation]
[Notes]
[Noteup]
[Download]
[Help]