Western Australian Consolidated Regulations Western Australian Consolidated Regulations (1) Where in beginning
or purporting to begin any proceedings or at any stage in the course of or in
connection with any proceedings, there has, by reason of anything done or left
undone, been a failure to comply with the requirements of these Rules, whether
in respect of time, place, manner, form or content or in any other respect,
the failure shall be treated as an irregularity and shall not nullify the
proceedings, any step taken in the proceedings, or any document, judgment or
order therein.
(2) Subject to
paragraph (3) the Court may, on the ground that there has been such a
failure as is mentioned in paragraph (1), and on such terms as to costs
or otherwise as it thinks just, set aside either wholly or in part the
proceedings in which the failure occurred, any step taken in those
proceedings, or any document, judgment or order therein or exercise its powers
under these Rules to allow such amendments (if any) to be made and to make
such order (if any) dealing with the proceedings generally as it thinks fit.
(3) The Court shall
not wholly set aside any proceedings or the writ or other originating process
by which they were begun on the ground that the proceedings were required by
any of these Rules to be begun by an originating process other than the one
employed.