Western Australian Consolidated Regulations

RULES OF THE SUPREME COURT 1971 - ORDER 1 RULE 4

4 .         Definitions

        (1)         In these Rules, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, namely — 

        Accountant means the chief finance officer, designated under the Financial Management Act 2006 section 57, of the department of the Public Service principally assisting in the administration of the Act;

        Australian diplomatic or consular agent includes a person appointed to hold or act in any of the following offices (being an office of the Commonwealth) in a country or place outside Australia — 

            (a)         ambassador;

            (b)         high commissioner;

            (c)         minister;

            (d)         head of mission;

            (e)         commissioner;

            (f)         chargé d’affaires;

            (g)         counsellor, secretary or attaché at an embassy, high commissioner’s office, legation or other post;

            (h)         consul-general;

                  (i)         consul;

            (j)         vice-consul;

            (k)         trade commissioner; and

            (l)         consular agent;

        Case Management Registrar means a Registrar appointed as such by the Chief Justice;

        Cause Book means the book kept in the Central Office in which the number of and other details relating to a cause or matter are recorded;

        Central Office means the central office of the Supreme Court at Perth;

        Consular agent means a consul-general, consul, vice-consul, pro-consul or consular agent, or acting consul-general, acting consul, acting vice-consul, acting pro-consul, or acting consular agent;

        Costs includes fees to counsel, charges, disbursements, expenses and remuneration;

        Diplomatic agent means an ambassador, envoy, minister, chargé d’affaires, or secretary of an embassy or a legation;

        Folio means 72 words, each figure being counted as one word;

        geographical address of a person, has the meaning given by Order 71A rule 2;

        Master means a Master of the Supreme Court, and includes an Acting Master;

        Officer means an officer of the Supreme Court;

        Originating summons means every summons other than a summons in a pending cause or matter;

        practitioner means an Australian legal practitioner as defined in the Legal Profession Act 2008 section 3;

        Probate action has the meaning assigned to it by Order 73;

        Proper officer shall mean an officer to be ascertained as follows:

            (a)         where any duty to be discharged under any Act or these Rules is a duty which has heretofore been discharged by any officer, such officer shall unless otherwise provided by these Rules continue to be the proper officer to discharge the same;

            (b)         where under any Act or these Rules any new duty is to be discharged, the proper officer to discharge the same shall be the officer directed by these Rules, or if no such officer, such other officer as may from time to time be directed by the Chief Justice to discharge the same;

            (c)         when any doubt arises as to who is the proper officer to discharge any duty the Chief Justice may direct by what officer such duty is to be discharged;

        Receiver includes a manager or consignee;

        Registrar means a person for the time being holding or acting in an office designated under the Supreme Court Act 1935 , “Registrar of the Supreme Court”, and a reference to the Registrar or to a Registrar may include a reference to the Principal Registrar or a deputy Registrar;

        Rules , these Rules or rules of Court means these Rules, and includes — 

            (a)         any forms, fees and costs referred to in these Rules; and

            (b)         any other rules of Court, forms, fees and costs made or prescribed in amendment of, or in addition to, these Rules;

        service details of a person, has the meaning given by Order 71A rule 3;

        Taxing Officer includes a Registrar, and any other officer of the Court having power to tax costs;

        The Act means the Supreme Court Act 1935 ;

        to file means to file in the Central Office, and file , filed and filing have corresponding meanings;

        Trial includes hearing;

        Writ means a writ of summons.

        (2)         In these Rules, unless the context otherwise requires, the Court means the Supreme Court or any one or more Judges thereof, whether sitting in court or in chambers, or a Master: but this provision shall not be taken as affecting any provision of these Rules, and in particular Order 60, by virtue of which the authority and jurisdiction of the Masters is defined and regulated.

        [Rule 4 amended in Gazette 14 Dec 1979 p. 3869; 30 Nov 1984 p. 3951-2; 28 Oct 1996 p. 5674; 19 Apr 2005 p. 1298; 21 Feb 2007 p. 533-4; 3 Jul 2009 p. 2699.]