RULES OF THE SUPREME COURT 1971

Western Australian Consolidated Regulations

(1) If at any time after 6 months after a writ is issued it appears to the Court that —

(a) no affidavit of service of the writ has been filed by the plaintiff; and

(b) no appearance has been entered to the writ,

the Court may issue a summons (to a hearing at least 7 days after it is issued) to the plaintiff to show cause why the writ should not be struck out.

(2) If at the hearing the Court is not satisfied that the writ has not been served for good reason the Court may —

(a) strike out the writ; or

(b) make directions as to the service of or the time for serving the writ.

(3) On being struck out, a writ and any writ that is concurrent with it cease to be valid.

[Rule 4 inserted in Gazette 28 Oct 1996 p. 5674-5.]