District Court of Western Australia Act 1969

District Court Rules 2005

 

District Court Rules 2005

CONTENTS

Part 1 — Preliminary

1.Citation1

2.Commencement1

3.Terms used1

4.File and serve a document, meaning of3

5.Application of these rules3

6.Rules of the Supreme Court 1971, application of3

Part 2 — Administrative matters

Division 1 — Registry matters

7.Court’s seal applied electronically, effect of5

Division 2 — Registrars’ jurisdiction

8.Registrars’ general jurisdiction5

9.Legally qualified registrar may be ordered to take account etc.6

10.Registrar may be required to calculate interest etc.6

11.Registrars’ matters, when may be listed before judge7

12.Registrar may refer matter to judge7

13.Registrars’ powers to obtain evidence etc.7

14.Registrars’ office taken to be judges’ chambers8

Division 3 — Appeals from Registrars

15.Appeal lies from registrar to a judge8

16.Directions hearing for appeals from registrars9

Part 3 — Filing and service of documents

Division 2 — Filing documents electronically

19.Some documents may be filed by fax10

20.Some documents may be filed using Court’s website11

Division 3 — Serving documents

21.Service of documents13

21A.Service of documents by Court13

Division 4 — Miscellaneous

22.Summonses for matters in chambers14

23A.Affidavits, form of15

Part 4 — Case management

Division 1 — Preliminary

23.Terms used16

24.Case management direction, meaning of16

25.Enforcement order, meaning of19

Division 2 — Case management generally

26.Court may make case management directions etc.19

27.Case management hearing, registrar may hold20

Division 3 — Case management of cases commenced by writ

Subdivision 1 — Preliminary

28.Application20

29.Various RSC provisions do not apply20

30.Standard timetable for cases commenced by writ20

31.Case management hearing, holding of21

32.Case management hearing, conduct of22

33.Case management directions etc. may be made in other proceedings23

34.Duties of parties at case management hearing etc.23

Subdivision 2 — Mediations

35.Mediations23

35A.Mediation may serve as pre‑trial conference25

Subdivision 3 — Entry for trial, and ancillary matters

36.Legal costs, lawyer to notify client of25

37.Entering a case for trial26

38.Plaintiff failing to enter case for trial, consequences27

Subdivision 4 — Pre‑trial conference, and ancillary matters

39.Pre‑trial conference, preliminary matters27

40.Pre‑trial conference28

41.Pre‑trial conference, ancillary matters29

Subdivision 5 — Listing conference

42.Listing conference, orders for the purpose of30

43.Listing conference31

Subdivision 6 — Inactive cases

43A.Term used: Inactive Cases List32

44.Notice of default, effect of disobedience to32

44A.Cases inactive for 12 months deemed inactive33

44B.Registrar may issue summons to show cause33

44C.Springing order that case be put on Inactive Cases List33

44D.Parties to be notified of case being on Inactive Cases List and to advise clients34

44E.Consequences of case being on Inactive Cases List34

44F.Removing cases from Inactive Cases List35

44G.Certain inactive cases taken to have been dismissed35

Part 4A — Documents to be filed, served or delivered before trial

45A.Application36

45B.Term used: trial date36

45C.Particulars of damages36

45D.Building and engineering contracts, actions involving claims under37

45E.Index of expert witness reports38

45F.Papers for the judge39

45G.Reception of plans etc. in evidence39

45H.Outline of submissions40

45I.List of witnesses42

Part 5 — Obtaining evidence

Division 1 — Discovery

46.RSC Order 26 modified in actions commenced by writ43

Division 2 — Interrogatories

47.RSC Order 27 modified43

Part 5A — Expert evidence

48.Expert witnesses, certification as to compliance with practice directions45

Part 5B — Applications before trial

48A.Amending pleadings, RSC Order 21 modified46

48B.Interlocutory applications after listing for trial46

Part 6 — Appeals to the Court

49.Terms used48

50.Appeal, nature of48

51A.Time for appealing48

51.Appeal, commencement of49

52.Primary court to supply records when given notice50

53.Appeal, responding to51

55.Directions hearing52

56A.Dismissing appeals for want of prosecution53

56.New grounds of appeal etc. only with leave54

57.Court’s powers as to appeals54

58A.Interim orders in appeals, applying for55

58B.Consenting to orders55

58.Discontinuance55

59.Costs56

60.Final orders on appeal57

Part 7 — Hearings and trials

61.Outline of submissions etc. for certain hearings58

Part 8 — Civil Judgments Enforcement Act 2004 rules

62.Terms used59

63.Applications etc. that may be dealt with by a registrar59

64.Registrar’s decision, review of59

Part 9 — Misuse of Drugs Act 1981 rules

65.Terms used60

66.Applications, how they are to be made60

67.Respondent’s rights and obligations61

68.Court may order parties to be added61

69.Deponents to attend for cross examination61

70.Evidentiary matters61

Part 10A  Prohibited Behaviour Orders Act 2010 rules

71A.Terms used63

71B.Application under Act s. 5, how to make63

71C.Application under Act s. 21, how to make65

71D.Responding to applications65

71E.Corrected PBO, registrar’s duties as to65

Part 10 — Miscellaneous

71.Access to records and things66

Part 11  Transitional and savings provisions

73.Terms used68

74.Cases to which former rules apply68

75.Outline of submissions for certain hearings68

Schedule 1 — Forms

1A.Affidavit (r. 23A)69

1.Entry for trial (r. 37)71

2.Notice of default (entry for trial) (r. 38)73

3.Outline of submissions (r. 45H, 61)73

4.Prohibited Behaviour Orders Act 2010 s. 5 application (r. 71B)74

5.Prohibited Behaviour Orders Act 2010 s. 21 application (r. 71C)75

6.Appeal notice (r. 51(1))76

7.Service certificate (r. 51(7))77

8.Notice of respondent’s intention (r. 53)78

9.Application in an appeal (r. 58A)80

10.Consent notice (r. 58B)81

11.Discontinuance notice (r. 58)81

Notes

Compilation table82

Provisions that have not come into operation82

Defined Terms

 

District Court of Western Australia Act 1969

District Court Rules 2005

Part 1  Preliminary

1.Citation

These rules are the District Court Rules 2005.

2.Commencement

These rules come into operation on 30 May 2005.

3. Terms used

In these rules, unless the contrary intention appears —

address for service has a meaning affected by rule 17;

audio link has the meaning given to that term by the Evidence Act 1906 section 120;

case means any proceeding in the Court involving or in connection with the Court’s civil or appellate jurisdiction, irrespective of how it was commenced;

file a document, means to file it at the relevant registry together with any fee required to be paid under the District Court (Fees) Regulations 2002;

file and serve has the meaning given by rule 4;

Form, if followed by a number, means the form of that number in Schedule 1;

judge means a District Court judge;

lawyer means a certificated practitioner within the meaning of the Legal Practice Act 2003 2;

lay registrar means a registrar who is not a legally qualified registrar;

legally qualified registrar means a registrar who is or has been a legal practitioner within the meaning of the Legal Practice Act 2003 2;

personal injuries action means an action in which a claim is made in respect of —

(a)a person’s personal injuries (including any illness suffered by him or her and any impairment of his or her physical or mental condition); or

(b)a person’s death;

record means any thing or process —

(a)on or by which information is recorded or stored; or

(b)by means of which a meaning can be conveyed by any means in a visible or recoverable form,

whether or not the use or assistance of some electronic, electrical, mechanical, chemical or other device or process is required to recover or convey the information or meaning;

registry means a registry of the Court;

relevant registry to a case, means the registry of the Court where the documents relating to the case are being held;

RSC means the Rules of the Supreme Court 1971;

rules of court means these rules and, where applicable, the RSC;

serve means to serve in accordance with rule 21;

settle a case, includes to compromise the case;

video link has the meaning given to that term by the Evidence Act 1906 section 120;

working day means a day other than a Saturday, a Sunday, or a public holiday throughout the State.

4.F ile and serve a document, meaning of

If these rules require a person to file and serve a document, then unless these rules expressly provide otherwise, the person must —

(a)file the document within any time limit for doing so; and

(b)after filing the document, serve it on the other party or parties within 5 working days after the date on which it is filed.

5.Application of these rules

(1)These rules apply to and in respect of every case other than a case —

(a)that was commenced by writ before 30 May 2005; and

(b)in which an appearance was entered before 30 May 2005.

(2)If a case is one to which these rules do not apply by virtue of subrule (1) —

(a)the District Court Rules 1996 3 apply to and in respect of it, despite rule 72; and

(b)the Court may at any time order that these rules apply to and in respect of it, despite subrule (1).

(3)If an order is made under subrule (2)(b) in respect of a case, then, subject to the order, the District Court Rules 1996 3 cease to apply to and in respect of the case.

(4)Despite subrules (1) and (2), Part 8 applies to and in respect of any case in which there is a judgment, as that term is defined in the Civil Judgments Enforcement Act 2004, that may be enforced under that Act.

[Rule 5 inserted in Gazette 23 Dec 2005 p. 6271.]

6.Rules of the Supreme Court 1971 , application of

(1)The RSC apply to and in respect of any case in the Court.

(2)For the purposes of subrule (1) —

(a)a reference in the RSC to “the Court” is to be taken as being a reference to the District Court, unless the context requires otherwise; and

(ba)a reference in the RSC to “case manager” or to “case management registrar” is to be taken as being a reference to a legally qualified registrar, unless the context requires otherwise; and

(bb)a reference in the RSC to a case management direction under Order 4A is to be taken as being a reference to a case management direction made under Part 4 of these rules;

(b)a reference in the RSC to the RSC (whether “these Rules” or other words are used) is to be taken as including a reference to these rules, unless the context requires otherwise.

(3)If there is a conflict or inconsistency between these rules and the RSC, these rules prevail.

[Rule 6 amended in Gazette 17 Jun 2011 p. 2159.]

Part 2Administrative matters

Division 1 — Registry matters

7.Court’s seal applied electronically, effect of

If the Court issues a document in an electronic form that bears a facsimile of the Court’s seal, the sealed document as it appears electronically, or as it appears when printed on paper, is to be taken to have the same effect as if the Court’s seal had been lawfully applied to it by hand by an officer of the Court.

Division 2Registrars ’ jurisdiction

8.Registrars’ general jurisdiction

(1)A legally qualified registrar may deal with any proceedings that a judge may deal with in chambers other than —

(a)proceedings involving a review of the taxation of costs; and

(b)proceedings in relation to an originating summons that raises for determination —

(i)a question of law; or

(ii)a question as to the construction of a statute or document; or

(iii)a question arising out of an interest in land; or

(iv)a question arising out of or connected with a contract between a vendor and purchaser of land;

and

(c)proceedings claiming an injunction or other order under the Supreme Court Act 1935 section 25(9); and

(d)proceedings that under rules of court are to be dealt with by a judge; and

(e)proceedings that the Chief Judge directs are to be dealt with by a judge.

(2)A lay registrar may do any of the following —

(a)conduct a case management hearing under Part 4 and make any order that may be made at such a hearing;

(b)conduct a pre‑trial conference under Part 4 and make any order that may be made at such a conference;

(c)conduct a listing conference under Part 4 and make any order that may be made at such a conference;

(d)during the conduct of a pre‑trial conference or a listing conference, settle, sign and seal an order under the RSC Order 43 rule 16;

(e)at times other than during the conduct of a pre‑trial conference or a listing conference, settle, sign and seal an order under the RSC Order 43 rule 16 if the solicitors for the parties to proceedings have, under that rule, filed a written consent to the making of the order.

[Rule 8 amended in Gazette 31 Jul 2007 p. 3808.]

9.Legally qualified registrar may be ordered to take account etc.

(1)If in any proceedings the Court orders that an account be taken or that an inquiry be made, it may order that it be done by a legally qualified registrar.

(2)When or after making an order under subrule (1) the Court may give orders or directions to assist the registrar.

(3)While a registrar is taking an account or making an inquiry, a party may apply at any time, without a summons, to have the proceedings dealt with by a judge in which case the registrar must adjourn the proceedings accordingly.

[Rule 9 amended in Gazette 31 Jul 2007 p. 3808.]

10.Registrar may be required to calculate interest etc.

(1)A judge may direct that the calculation of any interest, or the apportionment of any fund, for the purposes of a judgment be done and certified by a legally qualified registrar on the judgment.

(2)The certificate of a registrar has effect according to its tenor without any further order of the Court.

[Rule 10 amended in Gazette 31 Jul 2007 p. 3808.]

11.Registrars’ matters, when may be listed before judge

Proceedings that may be dealt with by a registrar are not to be listed before a judge except —

(a)as provided for in rule 9(3); or

(b)on the reference of a registrar under rule 12; or

(c)on an appeal to a judge under rule 15; or

(d)in the case of a case management hearing, pre‑trial conference, or a listing conference, under Part 4, on the order of a judge; or

(e)in the case of an application in an action or matter that is made after the action or matter is listed for trial; or

(f)with leave from a judge.

12.Registrar may refer matter to judge

(1)A registrar may refer any proceedings before him or her to a judge who may deal with them or refer them back with or without directions.

(2)Pending the determination of the proceedings the registrar may make an interim order.

13.Registrars’ powers to obtain evidence etc.

For the purpose of any proceedings that are to be dealt with by a legally qualified registrar, the registrar may —

(a)summons a person to appear before him or her to give evidence orally; and

(b)summons a person to appear before him or her to produce a document or other thing; and

(c)examine a person, either orally or by written interrogatories; and

(d)issue advertisements.

[Rule 13 amended in Gazette 31 Jul 2007 p. 3808.]

14.Registrars’ office taken to be judges’ chambers

(1)Any place where a legally qualified registrar sits is to be taken to be a judge’s chambers for the purpose of any proceedings which under rules of court may be dealt with by a registrar.

(2)Subject to rule 8, for the purpose of proceedings before a registrar, a reference in rules of court to the Court includes a reference to a registrar.

[Rule 14 amended in Gazette 31 Jul 2007 p. 3808‑9.]

Division 3 — Appeals from Registrars

15.Appeal lies from registrar to a judge

(1)If a party is dissatisfied with a decision of a registrar the party may appeal to a judge.

(2)The appeal must be commenced within 10 days after the date of the decision or such longer period as a judge or legally qualified registrar may allow.

(3)The appeal must be commenced by filing and serving a notice that —

(a)sets out the particulars of the registrar’s decision or that part of it to which the appeal relates; and

(b)sets out the final orders that it is proposed the Court should make on the appeal.

(4)There must be at least 7 clear days between service of the notice and the date for the hearing of the appeal, unless otherwise ordered.

(4a)On receiving notice from the Court of the date of the hearing of the appeal, a party who appeals under this rule must serve notice of the hearing date on each other party within 5 days after the date on which the party received that notice from the Court.

(5)The appeal does not operate as a stay of proceedings unless a judge or legally qualified registrar orders otherwise.

(6)The appeal is to be by way of a new hearing of the matter that was before the registrar.

[Rule 15 amended in Gazette 31 Jul 2007 p. 3809; 18 Nov 2011 p. 4811.]

16.Directions hearing for appeals from registrars

(1)Not less than 7 days after an appeal is commenced, a legally qualified registrar may summons the parties to the appeal to a directions hearing before a legally qualified registrar.

(2)At the directions hearing the registrar may make any order or direction that in his or her opinion will or may facilitate the appeal being conducted efficiently, economically and expeditiously, including —

(a)directions as to how the material necessary to determine the appeal is to be presented; and

(b)directions setting the date, time and length of time for the hearing of the appeal.

(3)At the directions hearing the registrar, with the consent of the parties, may make an order that concludes the appeal.

[Rule 16 amended in Gazette 31 Jul 2007 p. 3809.]

Part 3 Filing and service of documents

[Heading amended in Gazette 31 Jul 2007 p. 3809.]

[Division 1 (r. 17, 18) deleted in Gazette 31 Jul 2007 p. 3809.]

Division 2 — Filing documents electronically

19.Some documents may be filed by fax

(1)Subject to this rule, a document may be filed by fax.

(2)A person wanting to file a document at a registry by fax must use the published fax number for that registry.

(3)A document that, with any attachments and a cover page, is more than 20 pages long, must not be filed by fax and any such document received by a registry is to be taken not to have been filed.

(4)A document that is sent by fax to a registry must have a cover page stating —

(a)the sender’s name, postal address, document exchange number (if any), telephone number and fax number; and

(b)the number of pages (including the cover page) being sent by fax.

(5)A person that files a document by fax must —

(a)endorse the first page of the original document with —

(i)a statement that the document is the original of a document sent by fax; and

(ii)the date and time the document was sent by fax;

and

(b)keep the endorsed original document and the fax machine’s report evidencing the successful transmission of the document; and

(c)if directed to do so by the Court, produce the items in paragraph (b) to the Court.

(6)A document filed by fax at a registry is to be taken to have been filed —

(a)if the whole document is received before 4.00 p.m. on a day when the registry is open for business, on that day;

(b)otherwise, on the next day when the registry is open for business.

(7)A person who files a document by fax must have the original paper version of the document with him or her at any conference or hearing in the course of the case concerned.

(8)The Court may at any time, on the application of a party or on its own initiative, order a person who has filed a document by fax to file the paper version of the document.

20.Some documents may be filed using Court’s website

(1)Subject to the requirements of the Court’s website and this rule, a person may file a document electronically by filing an electronic version of it by means of the Court’s website.

(2)If the rules of court require a document to be signed by a person who is not, or who is not acting on behalf of, the person filing it, the document cannot be filed electronically unless it is an affidavit.

(3)If the rules of court require a document, before it is filed, to be signed by or on behalf of the person filing it and the document is being filed electronically —

(a)the document need not be signed by that person; and

(b)the person filing the document electronically must ensure that the electronic version of the document, instead of showing a signature at any place where a signature is required, states the name of the person whose signature is required at the place.

(4)A person who files an affidavit electronically must either file an electronic version of it that includes the signatures on it or —

(a)file an electronic version of it that does not include the signatures on it; and

(b)ensure that the electronic version, instead of showing a signature at any place where a signature appears in the paper version, states the name of the person whose signature it is; and

(c)also file an undertaking that the person —

(i)has possession of the paper version signed according to law; and

(ii)will retain the paper version subject to any order of the Court.

(5)A document filed electronically at a registry is to be taken to have been filed —

(a)if the whole document is received before 4.00 p.m. on a day when the registry is open for business, on that day;

(b)otherwise, on the next day when the registry is open for business.

(6)A document that is sent electronically to a registry but not in accordance with the requirements of the Court’s website and this rule is to be taken not to have been filed at the registry.

(7)A person who files a document electronically must have the original paper version of the document with him or her at any conference or hearing in the course of the case concerned.

(8)The Court may at any time, on the application of a party or on its own initiative, order a person who has filed a document electronically to file the paper version of the document.

Division 3 — Serving documents

21.Service of documents

[(1)deleted]

(2)A document cannot be served by email under the RSC Order 72 if under rule 20(2) it cannot be filed electronically.

(3)Rule 20(3) and (4), with any necessary changes, apply to a document being served by email in the same way as they apply to a document being filed electronically.

[(4), (5)deleted]

(6)This rule does not prevent a person from consenting to being served in a manner other than in accordance with the rules of court.

[Rule 21 amended in Gazette 23 Dec 2005 p. 6271; 31 Jul 2007 p. 3809.]

21A.Service of documents by Court

(1)The service of a document on a person by the Court must be by one of the methods in the Table to this rule.

(2)A document that is served by the Court by a method in the Table to this rule is to be taken to have been served at the time stated opposite the method in the Table, unless the contrary is proved.

Table

No.

How a document may be served on a person

When the document is to be taken to have been served

1.

By posting it to the person’s address.

When it would be delivered to the address in the ordinary course of post.

2.

By putting it in a pigeonhole at the Court that is used by the person’s lawyer.

On the next working day after it is put in the pigeonhole.

3.

If the person has provided a fax number under the RSC Order 71A, by sending it by fax to that number.

If the fax is sent before 4.00 p.m. on a working day, on that day. Otherwise, on the next working day after the fax is sent.

4.

If the person has provided an email address under the RSC Order 71A, by emailing it (whether or not as an attachment) to that address.

If the email is sent before 4.00 p.m. on a working day, on that day. Otherwise, on the next working day after the email is sent.

5.

If the person has provided an email address under the RSC Order 71A, by putting it in an electronic mailbox maintained by the Court and sending the person an email at that address that says it is in the mailbox.

On the next working day after the email is sent.

[Rule 21A inserted in Gazette 23 Dec 2005 p. 6271‑2; amended in Gazette 31 Jul 2007 p. 3809.]

Division 4 — Miscellaneous

22.Summonses for matters in chambers

(1)Before filing a summons to be dealt with in chambers the parties to the summons must, in good faith, attempt to resolve as many of the issues giving rise to the summons as possible.

(2)A person filing a summons to be dealt with in chambers must include in the summons or file with the summons —

(a)a certificate that the parties to the summons have conferred about the issues giving rise to the summons and have not resolved them; or

(b)a certificate that the parties to the summons have not conferred about the issues giving rise to the summons and the reasons why they have not conferred.

[Rule 22 amended in Gazette 31 Jul 2007 p. 3810.]

23A.Affidavits, form of

An affidavit filed in the Court may be in the form of Form 1A.

[Rule 23A inserted in Gazette 17 Jun 2011 p. 2153.]

Part 4Case management

Division 1 — Preliminary

23. Terms used

In this Part, unless the contrary intention appears —

case management direction is defined by rule 24;

enforcement order is defined by rule 25;

mediator means a legally qualified registrar, or another person, who is approved as a mediator by the Chief Judge.

[Rule 23 amended in Gazette 31 Jul 2007 p. 3810.]

24.Case management direction , meaning of

(1)A case management direction is any procedural direction that in the Court’s opinion it is just to make in a case to facilitate the case being conducted and concluded efficiently, economically and expeditiously.

(2)Without limiting subrule (1), a case management direction may —

(a)dispense with all or any or any further pleadings;

(b)direct that specified pleadings be filed;

(c)dispense with any interlocutory proceedings;

(d)as to the hearing of any interlocutory application —

(i)direct the parties to confer in order to identify the issues between them and resolve as many as possible before the hearing and to identify the issues to be heard;

(ii)direct the parties to file and exchange memoranda before the hearing in order to identify the issues to be heard;

(iii)give directions as to the use of videotapes, films, computers and other technology at the hearing;

(iv)give directions for the speedier and more effective recording of evidence at the hearing;

(e)direct some or all of the parties to confer on a “without prejudice” basis in order to settle the case or, failing settlement, to resolve as many of the issues between them as possible and to identify the issues to be tried and, as to the conference —

(i)direct that it be conducted by a mediator; but not, unless the parties consent, a mediator who is not a registrar and whom a party would become liable to remunerate;

(ii)give directions for the purpose of rule 35(7);

(iii)if good cause is shown, direct that it operates as a stay of proceedings;

(iv)give any other directions that are necessary;

(f)direct that experts, whose reports have been exchanged, confer on a “without prejudice” basis in order to identify the differences between them and to resolve as many as possible;

(g)as to —

(i)the hearing of any interlocutory application; or

(ii)any conference directed under paragraph (d)(i), (e) or (f),

direct that it be conducted, and any evidence in relation to it be provided, by fax or email or by an audio link or a video link;

(ga)direct that a party file and serve a concise statement of the issues of fact or law that the party contends will need to be determined at trial;

(gb)direct that a party file and serve a chronology of events relevant to the party’s case;

(gc)dispense with a requirement to file and serve a document under Part 4A, or alter the day on or by which a party must comply with such a requirement;

(h)direct the mode by which particular facts may be proved at trial;

(i)direct that evidence of any particular fact, to be specified in the direction, shall be given at the trial by statement on oath of information and belief, or by production of documents or entries in books or by copies of documents or entries or otherwise as the Court may direct;

(j)direct a party to serve on the other parties, at such times as shall be directed, a signed written statement of the proposed evidence in chief of each witness to be called by that party;

(k)direct that a signed written statement referred to in paragraph (j) or any part of it stand as the evidence in chief of the witness;

[(l), (m)deleted]

(n)direct a lawyer for a party to give the party written notice of any or all of the legal costs and disbursements referred to in rule 36(1);

(o)direct a party or the lawyer for a party to attend certain proceedings specified in the direction;

(p)in special circumstances direct that an application by a party made under this Division operate as a stay of proceedings;

(q)in exceptional circumstances or if not to do so would frustrate the appeal, direct that an appeal against a decision made under this Part operate as a stay of proceedings;

(r)direct that an application for an adjournment of any proceeding be supported by affidavits of specified people;

(s)give directions to assist the convenience of the parties or witnesses;

(t)give directions as to the manner in which the parties shall defray the costs of giving effect to any case management direction;

(u)direct that a specified case management direction be complied with by a set date.

(3)A case management direction shall not order the attachment or committal of a person.

(4)A case management direction is not enforceable by a writ of attachment or an order of committal.

[Rule 24 amended in Gazette 31 Jul 2007 p. 3810.]

25.Enforcement order , meaning of

An enforcement order is —

(a)an order as to the payment of costs;

(b)an order as to the payment of costs of the parties on an indemnity basis, to be fixed in a manner specified in the order, and payable within 14 days after the order;

(c)a self‑­executing order for judgment, striking out pleadings, or otherwise;

(d)an order under the RSC Order 66 rule 5.

Division 2 — Case management generally

26.Court may make case management directions etc.

At any time in a case the Court, on its own initiative after notifying the parties, or when hearing a summons for directions or any other application in a case, may review the progress of the case and may make any order that may be made under rule 32(2).

27.Case management hearing, registrar may hold

(1)At any time before the trial or the hearing of a case, a registrar may summons the parties to a case management hearing.

(2)Rules 32 to 35 apply to and in respect of the case management hearing.

[Rule 27 amended in Gazette 31 Jul 2007 p. 3810.]

Division 3 — Case management of cases commenced by writ

Subdivision 1 — Preliminary

[Heading inserted in Gazette 31 Jul 2007 p. 3811.]

28.Application

This Division applies only to a case that is an action commenced by writ.

29.Various RSC provisions do not apply

These provisions of the RSC do not apply to a case —

Order 4A

Order 29

Order 33 (other than rules 9 and 10)

Order 59 rule 3(2)

Order 59 rule 9

Order 60A rule 2

[Rule 29 inserted in Gazette 17 Jun 2011 p. 2159.]

30.Standard timetable for cases commenced by writ

(1)For the purposes of making orders and directions under this Division in relation to a case, each stage of the case listed in the Standard timetable to this subrule should be completed within the period stated as calculated from the date on which a defence (or if there is more than one defendant, the first defence) is filed.

Standard timetable

Stage of case

Period after defence

Entry for trial

120 days

Commencement of pre‑trial conference

160 days

Commencement of listing conference

200 days

Commencement of trial

290 days

Judgment

360 days

(2)If the trial of a case takes more than one day, the period after defence for judgment is extended by the period of the trial.

(3)The judge who tries a case may at any time extend the period after defence for judgment.

31.Case management hearing , holding of

(1)In this rule —

appearance means a memorandum of appearance.

(2)This rule does not limit rule 27.

(3)When the first appearance is filed in a case, a registrar may summons the parties to the case to attend a case management hearing before a registrar.

(4)The date for the case management hearing must be at least 14 days after the date the summons is issued.

(5)If after the first appearance is filed and before the date for the case management hearing another party files an appearance, the registrar must summons the party to attend the case management hearing for which a summons has been issued under subrule (3), despite subrule (4).

(6)The case management hearing may be held even if, at the time of the hearing, not all parties to the case have been served with the writ or have filed appearances.

[Rule 31 amended in Gazette 31 Jul 2007 p. 3811.]

32.Case management hearing, conduct of

(1)At a case management hearing a registrar must review the documents on the Court file and inquire into these matters —

(a)the complexity of the case;

(b)the need for interlocutory proceedings;

(c)whether the Standard timetable in rule 30 is appropriate to the case;

(d)whether rule 38(1) should not apply to the case;

(e)the readiness of the parties for trial.

(2)At a case management hearing, either on the oral application of a party or, after notifying the parties, on the registrar’s own initiative, a registrar may —

(a)order that the standard timetable in rule 30 or some variation of it applies;

(b)order that any of the other rules in this Division do not apply to the case;

(c)make, amend or cancel any interlocutory order;

(d)make, amend or cancel any case management direction;

(e)make, amend or cancel any enforcement order;

(f)order that the case be managed by a judge.

(3)A registrar may adjourn the case management hearing from time to time.

33.Case management directions etc. may be made in other proceedings

(1)Without limiting rule 32, a direction or order referred to in rule 32(2) may be made, amended or cancelled —

(a)at any time while a case management hearing is adjourned, or after a case management hearing, on the application of a party made by summons with a supporting affidavit; or

(b)at the hearing of a summons for —

(i)an interlocutory order; or

(ii)third party directions issued under the RSC Order 19 rule 4.

(2)An application made under subrule (1)(a) must specify any direction or order referred to in rule 32(2) that the party wants.

34.Duties of parties at case management hearing etc.

(1)At a case management hearing or at the hearing of an application made under rule 33(1)(a), the parties and their lawyers must give any information and produce any documents that the Court reasonably requires other than information or documents that are privileged.

(2)As far as is practicable a party must give another party at least 2 clear days’ notice of any direction or order referred to in rule 32(2) that the party wants made, whether at a case management hearing or otherwise, and that is not stated in a written application.

Subdivision 2 — Mediations

[Heading inserted in Gazette 31 Jul 2007 p. 3811.]

35.Mediations

(1)This rule applies if the Court makes a case management direction that directs any parties to confer with a mediator.

(2)The direction does not operate as a stay of proceedings unless the Court orders otherwise.

(3)Unless the Court has specified a time and place for the conference, the parties must take any steps necessary and obey any relevant case management directions to ensure that it takes place without delay.

(4)A party must attend the conference in person or, if the party is a body corporate, by an agent who is authorised by the body to conduct settlement negotiations and to settle the case.

(5)Each party’s costs of and incidental to the conference shall be the party’s costs in the cause, unless the Court orders, or the parties agree, otherwise.

(6)The remuneration and expenses of a mediator who is not a registrar are to be paid by the parties in equal shares, unless the Court orders, or the parties agree, otherwise.

(7)Within 2 weeks after the conclusion of the conference, the party ordered by the Court to do so must file a report signed by or on behalf of the parties concerned —

(a)confirming that the conference took place as directed; and

(b)recording the substance of any resolution or narrowing of the differences between the parties achieved as a result of the conference.

(8)The mediator —

(a)must not, unless the parties agree, report to the Court about the conference;

(b)whether or not the parties agree, may report to the Court any failure by a party to cooperate in the conference.

(9)A report made under subrule (8)(b) must not be disclosed to the trial judge except for the purposes of determining any question as to costs or as to the remuneration and expenses of a mediator.

(10)Rule 41, other than subrule (3), applies to the conference as if any reference in it to a pre‑trial conference were a reference to the conference.

[Rule 35 amended in Gazette 23 Dec 2005 p. 6272.]

35A.Mediation may serve as pre‑trial conference

(1)If, pursuant to a case management direction, the parties to a case have conferred with a mediator, the Court may order that there is not to be a pre‑trial conference in the case.

(2)An order under subrule (1) may be made —

(a)at the conference with the mediator, if the mediator is a legally qualified registrar;

(b)after the conference with the mediator;

(c)before or after the case is entered for trial;

(d)even if notice of a pre‑trial conference has been given under rule 39;

(e)on the application of a party or, after notifying the parties, on the Court’s own initiative.

(3)If the Court makes an order under subrule (1), rules 40(5), (6) and (7), 41 and 42 apply as if the conference with the mediator had occurred at, or as ordered in, a pre‑trial conference.

[Rule 35A inserted in Gazette 23 Dec 2005 p. 6272‑3; amended in Gazette 31 Jul 2007 p. 3811.]

Subdivision 3 — Entry for trial, and ancillary matters

[Heading inserted in Gazette 31 Jul 2007 p. 3811.]

36.Legal costs, lawyer to notify client of

(1)Unless otherwise ordered, a lawyer for a party to a case must not enter the case for trial unless the lawyer has given the party written notice of —

(a)the approximate legal costs and disbursements of the party up to and including giving the notice;

(b)the estimated future legal costs and disbursements of the party up to but not including the trial;

(c)the estimated length of the trial and the legal costs and disbursements associated with it;

(d)the estimated legal costs and disbursements that the party would have to pay to another party if the party were to lose the case.

(2)Within 14 days after the date on which a party is served with a Form 1 (Entry for trial), the lawyer for the party must give the party written notice of the legal costs and disbursements referred to in subrule (1).

37.Entering a case for trial

(1)The plaintiff must enter the case for trial on or before the date for entry for trial in the timetable applicable to the case.

(2)Subrule (1) does not affect the operation of the RSC Order 36A.

(3)To enter a case for trial the plaintiff must file and serve a Form 1 (Entry for trial) which must state the dates, within 40 days after the date of the form, when the parties are not available to attend a pre‑trial conference.

(4)For the purposes of completing Form 1 —

(a)the plaintiff, at least 14 days before the date on which the plaintiff intends to enter the case for trial, must ask each other party to tell the plaintiff on which dates, within 40 days after that date, the party will not be available to attend a pre‑trial conference; and

(b)a party that does not advise the plaintiff within 7 days after the plaintiff’s request of the dates on which that party will not be available to attend a pre‑trial conference is to be taken to be available on any date.

[Rule 37 amended in Gazette 31 Jul 2007 p. 3811.]

38.Plaintiff failing to enter case for trial, consequences

(1)If the plaintiff does not enter the case for trial on or before the date for entry for trial in the timetable applicable to the case, the relevant registry must send each party a Form 2 (Notice of default (entry for trial)).

(2)At any time after receiving a Form 2, a party, other than the plaintiff, may enter the case for trial.

(3)Rule 37(3), with any necessary changes, applies if a party other than the plaintiff enters the case for trial.

(4)If a party other than the plaintiff enters the case for trial, then, for the purposes of completing Form 1, all other parties (including the plaintiff) are to be taken to be available to attend a pre‑trial conference on any date unless notice to the contrary is filed prior to when the date of the pre‑trial conference is set.

(5)If under subrule (2) a case is entered for trial at a time when, by virtue of the Form 2 sent to the parties and rule 44(2) the case is inactive, the case ceases to be inactive.

(6)Subrules (2) and (5) do not prevent the plaintiff from complying with rule 44(1).

[Rule 38 amended in Gazette 17 Jun 2011 p. 2159.]

Subdivision 4 — Pre‑trial conference, and ancillary matters

[Heading inserted in Gazette 31 Jul 2007 p. 3811.]

39.Pre‑trial conference, preliminary matters

(1)When a case is entered for trial the relevant registry must give each party notice of the date, time and place of the pre‑trial conference, unless an order has been made under rule 35A.

(2)A pre‑trial conference must be held before a registrar unless a judge or legally qualified registrar has ordered otherwise.

[Rule 39 amended in Gazette 23 Dec 2005 p. 6273; 31 Jul 2007 p. 3811.]

40.Pre‑trial conference

(1)Unless otherwise ordered, a party must attend a pre‑trial conference in person or, if the party is a body corporate, by an agent who is authorised by the body to conduct settlement negotiations and to settle the case.

(2)If at a pre‑trial conference the presiding officer is satisfied that a party is not ready for trial, the officer may adjourn the conference and make, amend or cancel any direction or order referred to in rule 32(2).

(3)At a pre‑trial conference the parties must, in good faith, attempt to settle the case or, failing settlement, to resolve as many of the issues between them as possible and to identify the issues to be tried.

(4)At a pre‑trial conference the presiding officer may either —

(a)mediate between the parties; or

(b)order the parties to attend before a mediator, arbitrator or other person who provides alternative dispute resolution services (but not, unless the parties consent, a person whom a party would become liable to remunerate),

in order to settle the case or, failing settlement, to resolve as many of the issues between them as possible and to identify the issues to be tried.

(4a)The presiding officer need not act under subrule (4) if, pursuant to a case management direction, the parties have conferred with a mediator.

(5)If the mediation referred to in subrule (4) or (4a) has not resulted in the settlement of the case, the presiding officer must either —

(a)order the parties to attend a listing conference and make any orders under rule 42 that are needed; or

(b)list the case for trial if satisfied about the matters in subrule (6).

(6)The presiding officer must not list a case for trial under subrule (5) unless satisfied —

(a)that the lawyers who will appear at trial for the parties have all been fully briefed and that all parties have been advised by their lawyers about their prospects at trial; and

(b)that all parties have made reasonable efforts to agree on —

(i)facts that are not the subject of real controversy;

(ii)the tender of any expert’s report without the need for the expert to be called;

and

(c)that a reliable estimate has been made as to the probable length of the trial; and

(d)that no useful purpose would be served by ordering the parties to attend a listing conference and making any order under rule 42.

(7)At a pre‑trial conference the presiding officer may make orders as to costs including, if a case is settled, orders as to costs reserved and the costs of interrogatories.

(8)The presiding officer may adjourn a pre‑trial conference from time to time.

[Rule 40 amended in Gazette 23 Dec 2005 p. 6273.]

41.Pre‑trial conference, ancillary matters

(1)Evidence of anything said or any admission made in the course of a pre‑trial conference is not admissible at the trial of the case.

(2)Subrule (1) does not apply —

(a)to the hearing of an application for costs arising out of a pre‑trial conference; or

(b)to anything said or any admission made that all parties at the conference, in an agreement recorded in writing by the presiding officer, agree is admissible at the trial.

(3)If the parties at a pre‑trial conference agree to settle the case, then unless otherwise ordered —

(a)each party and the party’s lawyer must sign and file and serve a written consent to the making of an order giving effect to the settlement; and

(b)judgment is to be entered, or final orders are to be made, at the pre‑trial conference unless a judge’s approval of the judgment or orders is required and a registrar is presiding.

(4)The presiding officer, whether or not the parties agree, may report to the Court any failure by a party to cooperate in the pre‑trial conference.

[Rule 41 amended in Gazette 31 Jul 2007 p. 3812.]

Subdivision 5 — Listing conference

[Heading inserted in Gazette 31 Jul 2007 p. 3812.]

42.Listing conference, orders for the purpose of

(1)If under rule 40(5)(a) the presiding officer orders the parties to attend a listing conference, then, either at the request of the parties or, after notifying the parties, on the officer’s own initiative, the officer may —

[(a), (b)deleted]

(c)order the parties to exchange, within such period as the officer orders, any medical or expert evidence that has not already been exchanged under the RSC Order 36A;

(d)make, amend or cancel any case management direction;

(e)make, amend or cancel any enforcement order;

(f)order that the case be managed by a judge.

[(2)deleted]

[Rule 42 amended in Gazette 31 Jul 2007 p. 3812.]

43.Listing conference

(1)A listing conference must be held before a registrar unless a registrar or a judge has ordered otherwise.

(2)A listing conference must be attended by the lawyers who will appear at trial for the parties unless subrule (3) applies.

(3)The lawyer who will appear at trial for a party need not attend a listing conference if his or her instructing lawyer attends and tenders the other’s certificate as to —

(a)the estimated length of the trial; and

(b)the number of witnesses that the party intends to call; and

(c)whether there are any special circumstances affecting the date or time when any particular witness can be called; and

(d)whether any particular witness will be attending from a long distance or from outside the State; and

(e)whether an interpreter will be needed; and

(f)whether an audio link or a video link will be needed; and

(g)whether the use of any technology would allow the trial to be conducted more efficiently, economically or expeditiously; and

(h)whether there is any matter known to the lawyer that is likely to interfere with the trial being conducted efficiently, economically and expeditiously; and

(i)the fact that the parties have made reasonable efforts to reach agreement on —

(i)facts that are not the subject of real controversy; and

(ii)the tender of experts’ reports (if any) without the need for the experts to be called.

(3a)The lawyer who will appear at trial for a party must certify that he or she has reviewed the pleadings and is satisfied that they adequately define all the issues of fact or law that the party contends will need to be determined at trial, and the document containing this certification must be tendered at the listing conference.

(4)At a listing conference the presiding officer must list the case for trial only if any order or direction previously made has been complied with or, if not, if appropriate orders in default have been made.

(5)At a listing conference the presiding officer may make orders as to costs including, if a case is settled, orders as to costs reserved and the costs of interrogatories.

(6)The presiding officer may adjourn a listing conference from time to time.

[Rule 43 amended in Gazette 31 Jul 2007 p. 3812.]

Subdivision 6 — Inactive cases

[Heading inserted in Gazette 31 Jul 2007 p. 3812.]

43A.Term used: Inactive Cases List

In this Subdivision —

Inactive Cases List means a list of inactive cases kept by the Court under rule 44D.

[Rule 43A inserted in Gazette 17 Jun 2011 p. 2159.]

44.Notice of default, effect of disobedience to

(1)If a Form 2 is sent in relation to a case, the plaintiff must, on or before the date specified in the form (which must be at least 14 days after the date of the form), enter the case for trial.

(2)If a plaintiff does not obey a Form 2, the case is taken to be inactive.

[Rule 44 amended in Gazette 17 Jun 2011 p. 2160.]

44A.Cases inactive for 12 months deemed inactive

If no document is filed in a case for 12 months by any party to the case, the case is taken to be inactive unless the Court orders otherwise.

[Rule 44A inserted in Gazette 17 Jun 2011 p. 2160.]

44B.Registrar may issue summons to show cause

(1)A registrar may at any time summons the parties to a case to attend a hearing before a registrar to show cause why the case should not be put on the Inactive Cases List.

(2)The hearing date for the summons must be at least 7 days after the date on which it is issued.

(3)The issue of the summons does not prevent any party to the case from filing any document in the case.

(4)At the hearing the registrar may order that the case be put on the Inactive Cases List if not satisfied that the case is being conducted in a timely way, having regard to the requirements of these rules and the circumstances of the case.

(5)An order may be made under subrule (4) in the absence of any party.

[Rule 44B inserted in Gazette 17 Jun 2011 p. 2160.]

44C.Springing order that case be put on Inactive Cases List

(1)A judge or registrar making an interlocutory order or case management direction in a case may include an order that unless the interlocutory order or direction is complied with by a date stated in the order or direction, the case is taken to be inactive.

(2)Unless countermanded by a judge or registrar before it has effect, the order has effect according to its terms.

[Rule 44C inserted in Gazette 17 Jun 2011 p. 2160.]

44D.Parties to be notified of case being on Inactive Cases List and to advise clients

(1)When a case is taken to be inactive under rule 44(2) or 44A, or an order is made under rule 44B(4), or an order made under rule 44C(1) takes effect, the Principal Registrar must —

(a)put the case on the Inactive Cases List; and

(b)give all parties to the case written notice that the case is on the Inactive Cases List and of the effect of rules 44E and 44G.

(2)If under subrule (1) a practitioner for a party is notified, the practitioner must, as soon as practicable, notify the party of —

(a)the fact that the case is on the Inactive Cases List and why; and

(b)the effect of rules 44E and 44G.

[Rule 44D inserted in Gazette 17 Jun 2011 p. 2160‑1.]

44E.Consequences of case being on Inactive Cases List

If a case is on the Inactive Cases List, only these documents can be filed in the case —

(a)a Form 1 (Entry for trial);

(b)a consent order finalising the case;

(c)a summons for an order under rule 44F(3);

(d)a summons for an order dismissing the case for want of prosecution;

(e)any document that relates to a document listed above.

[Rule 44E inserted in Gazette 17 Jun 2011 p. 2161.]

44F.Removing cases from Inactive Cases List

(1)If a Form 1 (Entry for trial), or a consent order finalising the case, is filed in a case on the Inactive Cases List, the case is taken to have been taken off the list.

(2)Any party to a case on the Inactive Cases List may apply to the Court for an order that the case be taken off the Inactive Cases List.

(3)The Court may order a case be taken off the Inactive Cases List if satisfied the case will be conducted in a timely way or for any other good reason.

(4)An order that a case be taken off the Inactive Cases List may include any conditions necessary to ensure the case is conducted in a timely way.

[Rule 44F inserted in Gazette 17 Jun 2011 p. 2161.]

44G.Certain inactive cases taken to have been dismissed

(1)A case that is on the Inactive Cases List for 6 continuous months is taken to have been dismissed for want of prosecution.

(2)If a case is dismissed under subrule (1), the Principal Registrar must give all parties to the case written notice of the fact.

(3)If under subrule (2) a practitioner for a party is notified, the practitioner must, as soon as practicable, send a copy of the notice to the party.

(4)If a case is dismissed under subrule (1), any party to it may apply to the Court for, and the Court may make, any order needed as a consequence of the dismissal.

[Rule 44G inserted in Gazette 17 Jun 2011 p. 2161‑2.]

[45.Deleted in Gazette 17 Jun 2011 p. 2162.]

Part 4A  Documents to be filed, served or delivered before trial

[Heading inserted in Gazette 31 Jul 2007 p. 3812.]

45A.Application

This Part applies only to a case that is an action commenced by writ.

[Rule 45A inserted in Gazette 31 Jul 2007 p. 3812.]

45B. Term used: trial date

In this Part —

trial date of a case means the day on which the trial of the case is listed to start.

[Rule 45B inserted in Gazette 31 Jul 2007 p. 3812.]

45C.Particulars of damages

(1)This rule applies to any party to a case who claims damages in the case.

(2)The party must file and serve particulars of damages within 60 days after the day the defence (or if there is more than one defendant, the first defence) is filed.

(3)If the case is a personal injuries action, the particulars of damages must set out in detail the amount of money claimed for any of the following, the justification for claiming it, and how it is calculated —

(a)loss of earning capacity —

(i)past; and

(ii)future;

(b)loss of superannuation due to —

(i)past loss of earning capacity; and

(ii)future loss of earning capacity;

(c)special damages;

(d)past gratuitous services;

(e)interest on past loss and expenditure;

(f)future need —

(i)for medical services; and

(ii)for nursing and other care and assistance services, whether paid or gratuitous; and

(iii)for appliances, and modifications to equipment and environment;

(g)any other discrete item of damages.

(4)If the case is not a personal injuries action, the particulars of damages must set out in detail any amount of money claimed, the justification for claiming it, and how it is calculated.

[Rule 45C inserted in Gazette 31 Jul 2007 p. 3813.]

45D.Building and engineering contracts, actions involving claims under

(1)In this rule —

Scott Schedule means a statement of the issues of fact and law that the plaintiff contends will need to be determined at trial.

(2)This rule applies to a case in which a claim is made under a building or engineering contract.

(3)The plaintiff must apply to the Court for a direction as to whether the plaintiff is to lodge a Scott Schedule.

(4)The application must be made within 75 days after the day the defence (or if there is more than one defendant, the first defence) is filed.

[Rule 45D inserted in Gazette 31 Jul 2007 p. 3813.]

45E.Index of expert witness reports

(1)In this rule —

report of an expert witness includes the notes of a treating medical practitioner.

(2)This rule applies if under rule 40(5)(a) the presiding officer orders the parties to attend a listing conference.

(3)A party must file and serve an index of the reports of any expert witness that the party intends to tender as evidence at trial and must do so —

(a)at least 14 days before the day of the listing conference, if the party is the plaintiff; and

(b) at least 7 days before the day of the listing conference, in the case of any other party.

(4A)If a party has filed an index under subrule (3) and —

(a)the party receives a written notification from an expert witness that the witness has changed his or her view expressed in a report included in the index; or

(b)the party has changed his or her intention as to any report of an expert witness from that set out in the index,

the party must file and serve an amended index of the reports of any expert witness that the party intends to tender as evidence at trial and must do so —

(c)in the case of a change of view, within 7 days of receiving the notification; or

(d)in the case of a change of intention, immediately after the change of intention and in any event at least 14 days before the commencement of the trial.

(4)At any time before the 21 day period preceding the trial date, a party served with an index (A) may serve the party who served the index (B) with a notice requiring information as to the qualifications and experience of an expert witness whose report is listed in the index.

(5)On A serving B with a notice, B must provide the information within 7 days.

(6)Except with the leave of the Court, a party cannot tender the report of an expert witness as evidence unless the party has complied with this rule in relation to that report.

[Rule 45E inserted in Gazette 31 Jul 2007 p. 3814; amended in Gazette 18 Nov 2011 p. 4811‑12.]

45F.Papers for the judge

(1)At least 42 days before the trial date, the plaintiff must file and serve the papers for the judge comprising —

(a)the pleadings, and any affidavits ordered to stand as pleadings, with any amendments to them incorporated and the dates of those amendments; and

(b)the particulars of damages filed and served under rule 45C; and

(c)any request or order for particulars that has been made together with the particulars given; and

(d)any order for directions made under the RSC Order 19 rule 4.

(2)If the pleadings are amended after the plaintiff has filed and served the papers referred to in subrule (1), the plaintiff must file and serve the whole of the pleadings as amended unless the Court orders otherwise.

[Rule 45F inserted in Gazette 31 Jul 2007 p. 3814.]

45G.Reception of plans etc. in evidence

(1)The RSC Order 36 rule 4 does not apply to a case.

(2)Unless before or at the trial the Court otherwise orders, no plan, photograph or model shall be receivable in evidence at the trial in a case unless at least 28 days before the trial the parties, other than the party who intends to produce it, are given the opportunity to inspect it and to agree to its admission without further proof.

[Rule 45G inserted in Gazette 10 Dec 2010 p. 6265.]

45H.Outline of submissions

(1)A party must file and serve the “Outline of submissions” —

(a)42 days before the trial date, if the party is the plaintiff; or

(b)28 days before the trial date, in the case of any other party.

(2)The Outline of submissions consists of a Form 3 to which is attached —

(a)a document titled “Submissions”; and

(b)a document titled “Legal authorities”; and

(c)if the party wants the Court to make orders, a document titled “List of orders wanted”; and

(d)if the party chooses, a document titled “Draft chronology”.

(3)The document titled “Submissions” —

(a)must contain the contentions of law or fact the party intends to make at the trial, expressed so as to convey the substance of them clearly and as succinctly as possible; and

(b)must set out the contentions in numbered paragraphs; and

(c)must refer to each principal legal authority on which the party relies in support of the contention; and

(d)must not be more than 10 pages long; and

(e)must be signed by the person who prepared it.

(4)The document titled “Legal authorities” —

(a)must list, and number consecutively, each principal legal authority to which the Court is referred, under these headings in this order —

(i)“Written laws”;

(ii)“Judgments”;

(iii)“Legal texts”;

and

(b)must mark with an asterisk any legal authority from which it is intended to read any text to the Court at the hearing; and

(c)for each written law listed, include its short title, its jurisdiction and each relevant rule or provision of it; and

[Example:
Written laws:
*1.Interpretation Act 1984 (WA) s. 5 “under”; s. 61.
2.Acts Interpretation Act 1901 (Cth) s. 22(1).]

(d)for each judgment listed, include —

(i)first, its citation in an authorised law report (if any) and any page of it on which is a relevant passage; and

(ii)second, its media neutral citation (if any);

[Example:
Judgments:
*3.Ward v The Queen (2000) 23 WAR 254 at 274; [2000] WASCA 413 at [106].
4.Talbot v Lane (1994) 14 WAR 120.]

and

(e)for each authoritative legal text listed, refer to the edition concerned and to each relevant passage.

(5)The document titled “List of orders wanted” must set out the orders that the party wants the Court to make.

(6)The document titled “Draft chronology” must state succinctly in numbered paragraphs arranged in date order the date and facts of each event that is material to the case.

[Rule 45H inserted in Gazette 31 Jul 2007 p. 3816‑17; amended in Gazette 10 Dec 2010 p. 6265.]

45I.List of witnesses

(1)At least 7 days before the trial date for a case, a party to the case must file and serve a document listing, in the order in which they will be called, each witness that the party intends to call to give evidence and stating —

(a)any special circumstances that affect the date or time when the witness can be called; and

(b)any directions that the Court has made in relation to the taking of evidence from the witness by audio link or video link.

(2)Except with the leave of the Court, a party cannot call a witness at a trial unless the party has complied with this rule in relation to that witness.

[Rule 45I inserted in Gazette 31 Jul 2007 p. 3817.]

Part 5Obtaining evidence

Division 1Discovery

46.RSC Order 26 modified in actions commenced by writ

(1)The RSC Order 26 applies to an action commenced by writ, subject to this rule.

(2)Subject to any order made by the Court, each party to the action must give each other party discovery of all documents that are or have been in the party’s possession, custody or power relating to any matter in question in the action.

(2a)If a plaintiff in a personal injuries action is required under subrule (2) to give discovery of income tax returns, the plaintiff must discover the returns lodged by the plaintiff for, at least —

(a)the financial year during which the incident pleaded as the cause of the personal injuries occurred; and

(b)each of the 2 preceding financial years.

(3)With the consent of each other party to the action, discovery may be by way of an informal list, but otherwise shall be by way of affidavit served on the other parties.

(4)Discovery must be given by all parties within 60 days after a defence (or if there is more than one defendant, the first defence) is filed.

(5)The RSC Order 26 rule 8(1) applies as if the reference to 7 days were amended to 14 days.

[Rule 46 amended in Gazette 31 Jul 2007 p. 3817.]

Division 2Interrogatories

47.RSC Order 27 modified

(1)The RSC Order 27 applies, subject to this rule.

(2)Leave of the Court to serve notice on a party is not required under the RSC Order 27 rule 1(1) if the party consents to being served without the leave of the Court.

(3)Leave of the Court to serve notice on a party is not required under the RSC Order 27 rule 1(1) if the action is a personal injuries action and —

(a)the notice is served within 75 days after the party files a defence; and

(b)the interrogatories specified in the notice relate to —

(i)the occurrence of the incident pleaded as the cause of the personal injuries; or

(ii)the defendant’s system for preventing incidents of the type alleged to have occurred; or

(iii)the plaintiff’s medical history in the 5 years prior to the incident; or

(iv)the symptoms and treatment of the personal injuries pleaded; or

(v)the plaintiff’s employment history in the 5 years prior to the accident.

(4)A party applying for leave under the RSC Order 27 rule 1 to serve interrogatories must —

(a)file and serve with the application a minute of the proposed interrogatories; and

(b)make the application at least 7 days before it is heard.

Part 5A  Expert evidence

[Heading inserted in Gazette 31 Jul 2007 p. 3818.]

48.Expert witnesses, certification as to compliance with practice directions

(1)This rule applies to the report of an expert witness that a party intends to tender as evidence other than the report of a medical expert prepared for the purposes of a personal injuries action.

(2)The author of the report must certify in the report that he or she has read and complied with the practice direction made by the Court for the purposes of this rule.

(3)Except with the leave of the Court, a report that has not been certified as required under subrule (2) is not admissible at trial.

[Rule 48 inserted in Gazette 31 Jul 2007 p. 3818.]

Part 5B  Applications before trial

[Heading inserted in Gazette 10 Dec 2010 p. 6265.]

48A.Amending pleadings, RSC Order 21 modified

(1)The RSC Order 21 applies, subject to this rule.

(2A)The RSC Order 21 rule 3 operates as if subrule (1) of it were replaced by subrule (2B) of this rule.

(2B)A party may amend any of its pleadings, without the leave of the Court, by filing its amended pleading —

(a)before any party files a certificate under rule 43(3a); and

(b)not later than 14 days before the date fixed for the first listing conference.

(2)The RSC Order 33 rule 10 and rule 48B of these rules do not apply to an interlocutory application to amend pleadings.

(3)If an application to amend a pleading is filed after a case is listed for trial, the application must be accompanied by an affidavit of the party making the application or the lawyer representing the party.

(4)The affidavit is to set out the facts —

(a)that have arisen since the certificate was tendered under rule 43(3a); and

(b)that ground the party’s or the lawyer’s argument that the amendment is necessary.

[Rule 48A inserted in Gazette 31 Jul 2007 p. 3818; amended in Gazette 10 Dec 2010 p. 6265.]

48B.Interlocutory applications after listing for trial

(1)If an application for an interlocutory order is filed after a case is listed for trial, the application must be accompanied by an affidavit of the party making the application or the lawyer representing the party.

(2)The affidavit is to set out the facts that ground the party’s or the lawyer’s argument that the order is necessary.

(3)Unless justice requires otherwise, the Court will not grant an application referred to in subrule (1) if to do so would necessitate adjourning the trial.

[Rule 48B inserted in Gazette 31 Jul 2007 p. 3818‑19.]

Part 6 Appeals to the Court

49. Terms used

In this Part, unless the contrary intention appears —

appealable decision means an award, a determination, a finding, a judgment or any other decision, that by virtue of a written law may be the subject of an appeal to the Court but not a decision of a registrar;

primary court in relation to an appealable decision, means the court, tribunal, person or body that made the decision.

50.Appeal , nature of

(1)An appeal to the Court must be by way of a reconsideration of the evidence that was before the primary court unless the parties agree otherwise.

(2)At the hearing of an appeal a party must not adduce evidence that was not adduced in the primary court except with the leave of the Court.

(3)The Court is not to grant such leave unless satisfied there are special grounds for doing so.

(4)This rule is subject to the written law that provides for the appeal to be made to the Court.

[Rule 50 amended in Gazette 10 Dec 2010 p. 6266.]

51A.Time for appealing

Unless another written law provides otherwise, an appeal to the Court against an appealable decision must be commenced within 21 days after the date of the decision.

[Rule 51A inserted in Gazette 17 Jun 2011 p. 2162.]

51.Appeal , commencement of

(1)To —

(a)commence an appeal to the Court against an appealable decision; or

(b)apply for an extension of time within which to commence such an appeal,

the appellant must file these documents —

(c)a Form 6 (Appeal notice) that sets out the grounds for the appeal in accordance with subrule (3);

(d)any document required by subrule (2).

(2)If Form 6 says an extension of time within which to commence the appeal is needed, the form must be filed with an affidavit by the applicant or the applicant’s lawyer or both explaining why the appeal was not commenced within time.

(3)The grounds of appeal in a notice of appeal must not merely allege that an appealable decision is against the weight of the evidence or that it is wrong in law, they must specify the particulars relied on to demonstrate that the decision is against the weight of the evidence and the specific reasons why it is wrong in law.

(4)An appeal notice must be served on the respondent either personally or, if the respondent is in a prison, by sending it to the superintendent of the prison by ordinary prepaid post.

(5)If an appeal is made under the Criminal Injuries Compensation Act 2003 Part 7 —

(a)the notice of appeal, and any other document filed in the appeal must be served on —

(i)the Chief Assessor of Criminal Injuries Compensation appointed under that Act; and

(ii)the State Solicitor’s Office, on behalf of the chief executive officer of the department of the Public Service that principally assists the Minister in the administration of that Act;

and

(b)service of the documents may be effected by ordinary prepaid post.

(6)When an appeal notice is served on a respondent, it must have attached to it a Form 8 (Notice of respondent’s intention).

(7)As soon as practicable after serving the respondent the appellant must file a Form 7 (Service certificate).

[Rule 51 amended in Gazette 10 Dec 2010 p. 6266; 17 Jun 2011 p. 2162‑3.]

52.Primary court to supply records when given notice

(1)In this rule —

primary court case means the action, case, matter or proceedings in the primary court in which the appealable decision was made.

(2)As soon as practicable after an appeal notice is filed in respect of an appealable decision, a legally qualified registrar must give the primary court concerned a copy of it.

(3)As soon as practicable after being given the copy of the appeal notice, the primary court must give the Court a copy of the following documents —

(a)any record that has been filed or filed with the primary court as required by law and that forms part of the court’s record of the primary court case;

(b)any record admitted as evidence in the primary court case together with a list of them and the exhibit numbers given to them by the primary court;

(c)any record tendered in the primary court case but not admitted as evidence in the case together with a list of them and any numbers given to them by the primary court;

(d)the transcript of the proceedings in the primary court case or the notes made by the judicial officer who presided at the proceedings;

(e)the primary court’s decision in the primary court case and any written reasons given for it;

(f)any other record held by the primary court that is or may be relevant to the appeal.

(4)Any copy of a document given by the primary court to the Court need not be certified by the primary court.

(5)If any of the documents given to the Court contains information to which access by any person is or should be restricted, the primary court must advise the Court.

(6)A legally qualified registrar may —

(a)request a primary court to comply with subrule (3) by a date set by the registrar;

(b)decide any question that arises about what must be sent to the Court under subrule (3).

(7)The documents given to the Court form part of the District Court’s record.

[Rule 52 amended in Gazette 31 Jul 2007 p. 3819; 17 Jun 2011 p. 2163.]

53.Appeal , responding to

(1)On being served with an appeal notice, a respondent may file a Form 8 (Notice of respondent’s intention).

(2)If the respondent files a Form 8, it must be filed within 21 days after the date on which the respondent is served with the appeal notice.

(3)If a respondent intends to seek to uphold the appealable decision on grounds other than those relied on by the primary court that made it, or to vary the decision, or to cross‑appeal, the respondent must include in the Form 8 the grounds for doing so.

(4)The Notice of respondent’s intention must —

(a)if the respondent seeks to uphold the appealable decision on grounds other than those relied on by the primary court that made it, state the grounds for doing so;

(b)if the respondent seeks to vary the appealable decision, state the grounds doing so;

(c)if the respondent is cross‑appealing —

(i)set out the particulars of the appealable decision or that part of it to which the cross‑appeal relates; and

(ii)state the grounds of the cross‑appeal.

(5)Rule 51(3) applies to the grounds of a cross‑appeal as it does to the grounds of an appeal.

(6)If a respondent does not file a Form 8 within the 21 days or any extension of that period ordered by the Court, the respondent is not entitled to take part or be heard in the appeal and is not a party to the appeal for the purposes of these rules.

[Rule 53 amended in Gazette 31 Jul 2007 p. 3819; 10 Dec 2010 p. 6266; 17 Jun 2011 p. 2163; 18 Nov 2011 p. 4813‑14.]

[54.Deleted in Gazette 17 Jun 2011 p. 2164.]

55.Directions hearing

(1)The appellant and each respondent that has filed a Form 8 (Notice of respondent’s intention) in an appeal must attend a directions hearing on the date specified in the appeal notice.

[(2)deleted]

(3)At the directions hearing a legally qualified registrar may make any order or direction that in his or her opinion will or may facilitate the appeal being conducted efficiently, economically and expeditiously, including —

(a)an order giving leave under rule 56; and

(b)directions as to how the material necessary to determine the appeal is to be presented; and

(c)directions as to the preparation of appeal books, including directions as to the inclusion of some or all of a certified copy of the transcript of the proceedings in the primary court, or of a certified copy of the notes of such proceedings taken by the presiding official; and

(d)directions fixing a timetable for interlocutory applications; and

(e)directions setting the date, time and length of time for the hearing of the appeal; and

(f)any order under rule 57, other than under paragraphs (h) or (j) of that rule.

[Rule 55 amended in Gazette 31 Jul 2007 p. 3819; 17 Jun 2011 p. 2164.]

56A.Dismissing appeals for want of prosecution

If the fee payable under the District Court (Fees) Regulations 2002 for the allocation of a hearing date for an appeal is not paid or waived within 14 days after the date on which the hearing date is set —

(a)the Court will not hear the appeal on that hearing date; and

(b)the parties to the appeal must attend a directions hearing before a registrar on the date of that hearing date; and

(c)the registrar may dismiss the appeal for want of prosecution.

[Rule 56A inserted in Gazette 17 Jun 2011 p. 2164.]

56.New grounds of appeal etc. only with leave

Except with the leave of the Court, a party to an appeal is not entitled to seek any relief or rely on any ground that is not set out in the notice of appeal or the answer, as the case may be.

57.Court’s powers as to appeals

(1)This rule is subject to the written law that provides for the appeal to made to the Court.

(2)Before or during the hearing of an appeal, the Court, on application or, after notifying the parties, on its own initiative, and on any terms needed, may —

(a)order a stay of execution of any appealable decision against which an appeal has been, or the Court is satisfied will be, commenced;

(b)order the notice of appeal or an answer, or any part of it, to be struck out;

(c)order the appeal to be conducted at a different registry;

(d)order the appeal be heard at a different place;

(e)order 2 or more appeals to be consolidated;

(f)order the notice of appeal or an answer to be served on a person who is not a party to the appeal;

(g)order substituted service of any document;

(h)give leave under rule 50(2);

(i)give leave under rule 56;

(j)make orders as to the admission or otherwise of evidence in an affidavit;

(k)give leave or make an order under rule 58;

(l)dismiss an appeal for want of prosecution;

(m)adjourn the hearing of the appeal;

(n)adjourn the appeal to a further direction hearing before a Registrar under rule 55.

58A.Interim orders in appeals, applying for

(1)At any time after an appeal is commenced and before it is concluded, a party may apply for an interim order or an order amending or cancelling an interim order.

(2)To make such an application, the party must file, and serve on each other party, a Form 9 (Application in an appeal) with —

(a)an affidavit by the applicant or the applicant’s lawyer or both explaining why the interim order is wanted; and

(b)a document setting out the proposed order,

unless —

(c)these rules provide otherwise; or

(d)another written law provides otherwise; or

(e)a judge orders otherwise.

[Rule 58A inserted in Gazette 17 Jun 2011 p. 2164‑5.]

58B.Consenting to orders

The parties to an appeal may consent to an order being made by the court by filing a Form 10 (Consent notice).

[Rule 58B inserted in Gazette 17 Jun 2011 p. 2165.]

58.Discontinuance

(1)Unless subrule (3) applies, if no respondent has filed an answer that seeks to vary the appealable decision or cross‑appeals, the appellant, without the Court’s leave, may discontinue an appeal at any time before it is heard.

(2)Unless subrule (3) applies, if a respondent has filed an answer that seeks to vary the appealable decision or cross‑appeals, then at any time before it is heard —

(a)the appellant may discontinue the appeal with the consent of the respondent; and

(b)the respondent may discontinue the application to vary, or the cross‑appeal, with the consent of the appellant.

(3)An appeal commenced by, or an answer filed by, a person under a disability may only be discontinued with the leave of the Court which may make any consequential order needed, including an order as to costs and the disposal of money paid to the Court as security for costs.

(4)A party wishing to discontinue must file and serve a Form 11 (Discontinuance notice) together with any consent of another party required by subrule (2).

(5)In the case of a discontinuance under subrule (1), the appellant must pay the respondent’s costs to the date of discontinuance unless the parties agree otherwise.

(6)In the case of a discontinuance under subrule (2), unless the parties agree, or the Court orders, otherwise —

(a)if the appellant discontinues, the appellant must pay the respondent’s costs to the date of discontinuance;

(b)if the respondent discontinues, the respondent must pay the appellant’s costs to the date of discontinuance.

(7)Unless subrule (3) applies, money paid to the Court as security for costs is to be disposed of in accordance with a filed written agreement of the parties or, in the absence of an agreement, an order of the Court.

(8)If the parties cannot agree the amount of costs, they are to be taxed.

[Rule 58 amended in Gazette 17 Jun 2011 p. 2165.]

59.Costs

(1)The awarding of the costs of and incidental to an appeal is in the discretion of the Court.

(2)On determining an appeal the Court may fix the amount of costs but otherwise they are to be taxed in accordance with determinations made by the Legal Costs Committee under the Legal Practice Act 2003 4 and section 215 of that Act.

(3)On determining an appeal, the Court may make any order as to any money paid to the Court as security for costs that is just having regard to any order made as to costs.

(4)If the Court does not make an order under subrule (3), a legally qualified registrar may make such an order at any time.

[Rule 59 amended in Gazette 31 Jul 2007 p. 3819; 10 Dec 2010 p. 6266.]

60.Final orders on appeal

(1)A legally qualified registrar must settle any order made on determining an appeal.

(2)A legally qualified registrar must send a copy of any order made on determining an appeal to the primary court registrar together with a copy of the judgment given on appeal and the reasons for it.

[Rule 60 amended in Gazette 31 Jul 2007 p. 3819.]

Part 7  Hearings and trials

61.Outline of submissions etc. for certain hearings

[(1)deleted]

(2)This rule applies to the following hearings —

(a)the hearing of an application that a judge or a registrar has ordered to be subject to this rule because it involves complex or difficult issues;

(b)unless in a particular case the Court orders otherwise —

(i)a special appointment in judge’s or registrar’s chambers;

(ii)the hearing of an appeal from a registrar of the Court;

(iii)the hearing of an appeal to the Court;

(iv)the hearing of an application made under the Prohibited Behaviour Orders Act 2010 section 5.

(3)A judge or a registrar may make an order under subrule (2)(a) on his or her own initiative, or on an application by a party.

(4)At least 7 clear working days before the date of the hearing, each party must file and immediately serve a list of all documents, including any affidavits, on which the party intends to rely or to which the party intends to refer at the hearing.

(5)At least 2 clear working days before the date of the hearing, each party must file and immediately serve an Outline of submissions as described in rule 45H(2) to (6) and the reference in rule 45H(3)(a) to the trial is to be read as a reference to the hearing.

[Rule 61 amended in Gazette 31 Jul 2007 p. 3819‑20; 17 Jun 2011 p. 2153.]

Part 8  Civil Judgments Enforcement Act 2004 rules

62. Terms used

In this Part, unless the contrary intention appears —

Act means the Civil Judgments Enforcement Act 2004;

section means a section of the Act.

63.Applications etc. that may be dealt with by a registrar

(1)Each of the following applications and requests, if made to the Court, may be dealt with by a registrar —

(a)an application made under a section listed in the Table to this subrule;

(b)an application for an order under section 10, 15(5)(a) or 20(3);

(c)an application for leave under section 13(1)(a).

Table

s. 15(1)

s. 41(2)

s. 59(1)

s. 27

s. 42(1)

s. 95(1)

s. 28

s. 49(1)

s. 101(1)

s. 32

s. 55(2)

s. 102(2)

s. 33

s. 56(1)

s. 103(2)

s. 35(1)

s. 58(1)

 

(2)A registrar who is dealing with an application or request may exercise any power conferred by the Act on the Court in respect of the application.

(3)A registrar may conduct a means inquiry under section 30 and for that purpose exercise any power in section 30 or 31.

64.Registrar’s decision, review of

For the purposes of section 9, Part 2 Division 3 of these rules, with any necessary changes, applies for the purpose of any review of a registrar’s decision under the Act.

Part 9 Misuse of Drugs Act 1981 rules

65. Terms used

In this Part, unless the contrary intention appears —

Act means the Misuse of Drugs Act 1981;

application means an application under section 28(3)(b);

claimant has the same meaning as in section 28(2);

DPP means the Director of Public Prosecutions for the State;

respondent means —

(a)in the case of an application made by a claimant, the DPP;

(b)in the case of an application made by any other person, any claimant;

section means a section of the Act.

66.Applications, how they are to be made

(1)An application to the Court under section 28(3)(b) must be made by filing and serving a notice of motion.

(2)The notice of motion must set out clearly and concisely the grounds on which the application is made and must include the applicant’s address for service.

(3)When, or within 7 days after, the notice of motion is filed, the applicant must file and serve an affidavit setting out the facts relied on to support the application.

(4)The notice of motion must be made returnable before a Judge in open court on a date, set by the Court, that is at least 21 days after the date on which the notice is filed unless —

(a)the respondent consents in writing to an earlier hearing and the consent is filed with the notice; or

(b)the Court orders the notice to be heard earlier.

(5)A respondent who is a police officer may be served by serving the DPP.

67.Respondent’s rights and obligations

(1)A respondent is entitled to be heard on the application.

(2)A respondent who intends to be heard on an application must file and serve a notice of intention to appear that includes the respondent’s address for service.

(3)A respondent who has complied with subrule (2) may file an affidavit in reply to any affidavit filed in support of the application, and must serve any such affidavit in reply.

68.Court may order parties to be added

If at any time during proceedings on an application it appears to the Court that a person who is not a party to the proceedings has an interest in the property concerned, the Court on the application of a party (which may be made ex parte) or on its own initiative may order the person to be made a party.

69.Deponents to attend for cross examination

(1)If the Court so orders or another party so requests, a party that has filed an affidavit in connection with an application must ensure that the person who made the affidavit attends the hearing of the application in order to be cross examined.

(2)If the person who made the affidavit does not attend, his or her affidavit is inadmissible except with the leave of the Court.

70.Evidentiary matters

(1)If a party to an application has been convicted after pleading guilty —

(a)any statement of a witness that complies with Criminal Procedure Act 2004 Schedule 3 clause 4 and that has been disclosed under section 42 or 95 of that Act; and

(b)any recording of a witness’s evidence that has been made in accordance with Schedule 3 clause 6 of that Act and that has been disclosed under section 42 or 95 of that Act,

in the prosecution of the party is admissible at the hearing of the application.

(2)If a party to an application has been convicted after trial, the transcript of the oral evidence, and any other evidence, admitted at the trial is admissible at the hearing of the application.

(3)With the leave of the Court, the evidence referred to in subrule (2) may be supplemented by oral evidence at the hearing or by an affidavit admitted in evidence at the hearing.

Part 10A  Prohibited Behaviour Orders Act 2010 rules

[Heading inserted in Gazette 17 Jun 2011 p. 2154.]

71A.Terms used

(1)In this Part, unless the contrary intention appears —

Act means the Prohibited Behaviour Orders Act 2010;

section means a section of the Act.

(2)If a term used in this Part is defined in the Act, it has the same meaning in this Part as it has in the Act, unless the contrary intention appears.

[Rule 71A inserted in Gazette 17 Jun 2011 p. 2154.]

71B.Application under Act s. 5, how to make

(1)Before making an application under section 5 for a PBO, the prosecutor must —

(a)complete a Form 4 in accordance with subrule (2); and

(b)submit the original and 2 copies of the completed Form 4 to a registry; and

(c)after the registry returns those documents bearing the hearing details and the Court’s seal, retain them until the application is made under subrule (3).

(2)An application for a PBO must state the following —

(a)the constraints the applicant wants the Court to specify in the PBO under section 10;

(b)the period of the PBO the applicant wants the Court to specify in the PBO under section 12.

(3)To make an application under section 5 for a PBO, the prosecutor must —

(a)give the original of a sealed Form 4, completed in accordance with this rule, to the judge presiding at the hearing at which the accused person (the respondent) is to be sentenced; and

(b)give a copy of that document to the respondent personally at that hearing.

(4)As soon as practicable after an application made under section 5 is adjourned, a registrar must give the respondent a copy of it in accordance with section 33.

(5)Within 14 days after the date on which an application for a PBO is made, the applicant must file and serve an affidavit in support of the application.

(6)Unless the Court permits otherwise, the supporting affidavit must state the following —

(a)details of the respondent’s convictions of relevant offences on which the applicant relies to allege the respondent is a person described in section 8(2)(a);

(b)if any such conviction is of a relevant offence that is not a prescribed offence, the material facts of the offence;

(c)details of the matters listed in section 9(3)(a), (c), (e) and (f);

(d)any other facts on which the applicant intends to rely in support of the application.

(7)Unless the Court permits otherwise, the supporting affidavit must refer to and have attached to it each of these documents —

(a)the respondent’s criminal record;

(b)any order referred to in section 9(3)(d) that is in force against the respondent;

(c)any order listed in section 10(7) that is in force against the respondent.

[Rule 71B inserted in Gazette 17 Jun 2011 p. 2154‑5.]

71C.Application under Act s. 21, how to make

To make an application under section 21 to vary or cancel a PBO, a person must file the original and 2 copies of —

(a)a completed Form 5; and

(b)an affidavit in support of the application.

[Rule 71C inserted in Gazette 17 Jun 2011 p. 2155.]

71D.Responding to applications

(1)The respondent to an application made under section 5 or 21 may file an affidavit in response to the affidavit filed in support of the application.

(2)Any such affidavit must be —

(a)filed within 21 days after the date on which the respondent is served with the affidavit filed in support of the application; and

(b)served on the applicant at least 5 clear days before the hearing of the application.

[Rule 71D inserted in Gazette 17 Jun 2011 p. 2155.]

71E.Corrected PBO, registrar’s duties as to

If a PBO is corrected under section 25, a registrar must cause a copy of the corrected PBO to be given —

(a)to each party to the PBO proceedings; and

(b)to the Commissioner of Police.

[Rule 71E inserted in Gazette 17 Jun 2011 p. 2155.]

Part 10 Miscellaneous

71.Access to records and things

(1)In this rule —

court record in respect of a case, means —

(a)any record or thing held by the Court in respect of the case; and

(b)the transcript of proceedings in the case before the Court.

(1A)Any person is, on payment of the prescribed fee, entitled to search for, inspect and receive a copy of any of these documents filed in a registry —

(a)any writ and the statement of claim (if any) endorsed on it under the RSC Order 6 rule 3;

(b)any judgment or order of the Court.

(1B)Subrule (1A) does not apply in relation to any document filed, or any judgment or order made, in any proceedings under the Surveillance Devices Act 1998.

(2)An application made under subrule (3), (5) or (6) must be in writing and set out the grounds of the application.

(2a)After receiving an application made under subrule (3), (5) or (6) the Court may, in writing, direct the applicant to provide additional information in the form of an affidavit.

(2b)The Court is not required to deal with an application if the applicant fails to comply with a direction under subrule (2a).

(3)A person may apply to the Court for an order that prohibits or restricts access to, or the publication or possession of, all or any part of the court record in respect of a case by a person or class of persons.

(4)A party to a case is entitled, at no charge, to inspect and obtain a copy of any part of the court record in respect of the case.

(5)A party to a case whose access to any part of the court record in respect of the case is restricted may apply to the Court for permission to inspect or obtain a copy of it.

(6)A person who is not a party to a case may apply to the Court for permission to inspect or obtain a copy of all or a part of the court record not referred to in subrule (1A) in respect of the case.

(7)The Court may grant an application made under subrule (5) or (6) if satisfied —

(a)the applicant has sufficient cause to inspect or obtain the record in question; and

(b)that access to or possession of the record by the applicant would be lawful.

(8)An order made on an application made under subrule (5) or (6) may include —

(a)an order that the applicant pay or make arrangements to pay the cost of supplying any copy of a court record;

(b)conditions on which the applicant may inspect or obtain a copy of court record.

(9)The Court may determine the cost of making and supplying a copy of a court record.

(10)This rule does not entitle a person to search, inspect or obtain a copy of any part of a document that contains information that the person is prevented by a written law, an order made under a written law, or an order of a court from possessing.

[Rule 71 amended in Gazette 31 Jul 2007 p. 3820; 10 Dec 2010 p. 6266‑7.]

[72.Omitted under the Reprints Act 1984 s. 7(4)(f) .]

Part 11  Transitional and savings provisions

[Heading inserted in Gazette 31 Jul 2007 p. 3820.]

73.Terms used

In this Part —

commencement means the coming into operation of the District Court Amendment Rules 2007 1;

former rules means the District Court Rules 2005 as enacted before being amended by the District Court Amendment Rules 2007.

[Rule 73 inserted in Gazette 31 Jul 2007 p. 3820.]

74.Cases to which former rules apply

If immediately before the commencement a case is listed for trial or the trial of a case is being conducted, then the former rules apply to and in respect of the case.

[Rule 74 inserted in Gazette 31 Jul 2007 p. 3820.]

75.Outline of submissions for certain hearings

If immediately before the commencement —

(a)a judge or a registrar has ordered under rule 61(2) that a hearing of an application is to be subject to rule 61; and

(b)the hearing has not been held but is due to be held within 7 days,

then rule 61(1), (5) and (6) of the former rules applies to and in respect of the hearing.

[Rule 75 inserted in Gazette 31 Jul 2007 p. 3821.]

 

Schedule 1  Forms

[r. 3]

1A.Affidavit (r. 23A)

District Court of Western Australia

Appeal No:

Affidavit 1

Parties

 

 

Person making affidavit

 

Date made

 

Purpose 2

 

Filed by

[Party]

Index 3

Contents

Page

1.Affidavit of Vincent van Gogh

2.Attachment VVG 1–M J Citizen’s birth certificate

3.Attachment VVG 2–Letter from J Smith to T Jones dated 3 March 1999

1

7

 

8

 

Page 1 4

I, [name, address and occupation of person making the affidavit],

[insert words of oath or affirmation in accordance with the Oaths, Affidavits and Statutory Declarations Act 2005] as follows —

1.[insert content of affidavit in numbered paragraphs]

2.

This affidavit is [sworn/affirmed] by [name of person making the affidavit] in the presence of an authorised witness at [place] on [date].

 

[Signature of person making the affidavit]

 

[Signature of authorised witness]

Authorised witness

[Name of authorised witness]

[Qualification of authorised witness] 5

Notes to Form 1A —

1.The affidavit must comply with the RSC Order 37.

2.Example: To support summons by plaintiff dated 1 May 2010 for summary judgment.

3.The index must comply with the RSC Order 37 rule 2(7). Form 1A contains in italics an example of an index.

4.Page 1 must be on a separate sheet of paper from the above.

5.The Oaths, Affidavits and Statutory Declarations Act 2005 Part 3 sets out the requirements for affidavits and who are authorised witnesses for affidavits.

[Form 1A inserted in Gazette 17 Jun 2011 p. 2156.]

1.Entry for trial (r. 37)

District Court of Western Australia

Entry for trial

At:

Number:

Matter

[Names of all parties]

Certificate

* delete if inapplicable

The [party] certifies that —

•the [party] has been given discovery and inspection by all of the other parties; and

•*the [party] served interrogatories and has received answers; and

•the [party] has complied with all directions and orders made by the Court at the case management hearing; and

•the [party] has complied with all orders made by the Court since the case management hearing; and

•no other interlocutory orders are needed; and

•the [party] has complied with the Rules of the Supreme Court 1971 Order 36A; and

•the [party] has complied with the District Court Rules 2005 rule 36(1); and

•the [party] has complied with the District Court Rules 2005 rule 45C; and

•*the [party] has complied with the District Court Rules 2005 rule 45D; and

•this matter is in all respects ready for trial.

Entry for trial

The [party] enters this matter for trial.

Unavailable dates

The parties are not available for a pre‑trial conference on these dates:

Contact details of party or lawyer

Name

 

Firm

 

Address

 

Phone

 

Fax

 

Email

 

Reference

 

Signature of party or lawyer

 

Party/[Party’s] lawyer

Date

[Form 1 inserted in Gazette 10 Dec 2010 p. 6267‑8; amended in Gazette 18 Nov 2011 p. 4815.]

2.Notice of default (entry for trial) (r. 38)

District Court of Western Australia

 

Notice of default (entry for trial)

At:

 

Number:

Matter

[Names of all parties]

Notice to all parties

The plaintiff has not entered this action for trial as required.

Unless the plaintiff enters this action for trial on or before [date], this action will become inactive.

Despite the above, any party other than the plaintiff may now enter this action for trial, and may do so even if the action has become inactive.

Seal of Court

 

 

 

Date:

3.Outline of submissions (r. 45H, 61)

District Court of Western Australia

 

Outline of submissions

At:

 

Number:

Matter

[Names of all parties]

Party filing outline

[Name of party filing outline and whether plaintiff or defendant, appellant or respondent]

Notice

*Delete if inapplicable

Attached to this form are these documents in this order —

•Submissions; and

•Legal authorities; and

•*List of orders wanted; and

•*Draft chronology.

Signature of party or lawyer

 

Party/[Party’s] lawyer

Date:

[Form 3 inserted in Gazette 31 Jul 2007 p. 3822.]


4.Prohibited Behaviour Orders Act 2010 s. 5 application (r. 71B)

District Court of Western Australia

Prohibited Behaviour Orders Act 2010 s. 5

No:

Application for prohibited behaviour order.
Hearing notice

Applicant

 

Respondent

 

Application

The applicant applies under the Prohibited Behaviour Orders Act 2010 section 5 for a prohibited behaviour order (PBO) against the respondent.

Proposed PBO

The applicant applies for the following constraints in the PBO against the respondent —

1.

The applicant applies for the PBO for a period of [state period]. 1

Signature of applicant or lawyer

 

 

Applicant/Applicant’s lawyer

Date:

Hearing details 2

This application will be heard at this date, time and place —

Date:Time:

Place:

Court seal:

Notes to Form 4 —

1.The period stated here must comply with the Prohibited Behaviour Orders Act 2010 s. 12.

2.The Court will complete this row when the application is submitted.

[Form 4 inserted in Gazette 17 Jun 2011 p. 2156‑7.]


5.Prohibited Behaviour Orders Act 2010 s. 21 application (r. 71C)

District Court of Western Australia

Prohibited Behaviour Orders Act 2010 s. 21

No:

Application to vary or cancel prohibited behaviour order.

Hearing notice

PBO’s details

Date made:

Constrained person:

Applicant

 

Respondent

 

Application

The applicant applies under the Prohibited Behaviour Orders Act 2010 section 21 to vary/cancel the above PBO (prohibited behaviour order).

Variation(s) wanted 2

1.

Grounds for application 3

1.

Signature of applicant or lawyer

 

 

Applicant/Applicant’s lawyer

Date:

Hearing details 4

This application will be heard at this date, time and place —

Date:Time:

Place:

Court seal:

Notes to Form 5 —

1.Delete the inapplicable.

2.Omit this row if the application is to cancel a PBO.

3.Set out the grounds in numbered paragraphs.

4.The Court will complete this row when the application is filed.

[Form 5 inserted in Gazette 17 Jun 2011 p. 2157.]


6.Appeal notice (r. 51(1))

District Court of Western Australia

Appeal No:

Appeal notice

Parties

Appellant

Respondent

Primary court’s decision

Primary court

Case number

Parties

Date of decision

Judicial officer

 

Decision details 1

 

Appeal details

Notice of appeal

The appellant appeals to the District Court against the above decision.

Grounds of appeal 2

1.

Acts that allows appeal 3

section:

Notice to the respondent 4

If you want to take part in this appeal you must file a Form 8 (attached) under the District Court Rules 2005 within 21 days after the date on which you are served with this notice and serve it on the appellant.

If you file a Form 8 you must attend a directions hearing at the time and place stated below.

Last date for appealing

Last date:
Is an extension of time needed? Yes/No

Date of filing

 

Directions hearing 5

Date:Time:

Place:

Appellant’s details for service 6

Name

Street address

Telephone

Email address

Reference No.

 

 

Fax No.

Signature of appellant or lawyer

 

 

Appellant/Appellant’s lawyer

Date:

Notes to Form 6 —

1.Examples:

·Judgment against the defendant for $40 000.

·Dismissal of claim to recover possession of real property.

2.Set out the grounds in numbered paragraphs.

3.State the short title of the Act under which the appeal is being made.

4.A copy of Form 8 (Notice of respondent’s intention) must be attached to this form when it is served on the respondent.

5.The Court will complete this row when the appeal notice is filed.

6.If the appellant is represented by a lawyer, the appellant’s details below must be the lawyer’s. If the appellant is self‑represented, the details must be the appellant’s personal details.

[Form 6 inserted in Gazette 17 Jun 2011 p. 2165‑6; amended in Gazette 18 Nov 2011 p. 4815.]

7.Service certificate (r. 51(7))

District Court of Western Australia

Appeal No:

Service certificate

Parties

Appellant

Respondent

Certificate 1

I certify that on [date] at [place] [name of server] served the respondent personally with these documents —

●a copy of an appeal notice dated [date];

●a copy of every other document that was filed with the appeal notice;

●a copy of Form 8 (Notice of respondent’s intention).

I undertake to file an affidavit of service if the Court requires me to.

Signature of appellant or lawyer

 

 

Appellant/Appellant’s lawyer

Date:

Note to Form 7 —

1.If the documents were posted to the superintendent of the prison in which the respondent is imprisoned, modify this certificate to say when they were posted and to which prison.

[Form 7 inserted in Gazette 17 Jun 2011 p. 2166.]

8.Notice of respondent’s intention (r. 53)

District Court of Western Australia

Appeal No:

Notice of respondent’s intention

Parties

Appellant

Respondent

Notice

[Tick one box]

r 1The respondent intends to take part in this appeal.

r 2The respondent does not intend to take part in this appeal and will accept any order made by the Court in the appeal other than as to costs.

Grounds for upholding

rThe respondent will argue the primary court’s decision should be upheld on the grounds relied on by the primary court in its decision.

Other grounds for upholding 3

rThe respondent will argue the primary court’s decision should be upheld on the following grounds, not relied on by the primary court in its decision —

1.

Variation 3

rThe respondent applies for the primary court’s decision to be varied as follows —

1.

The respondent will argue the primary court’s decision should be varied on the following grounds —

1.

Cross‑appeal 3

rThe respondent also appeals against the primary court’s decision and will rely on the following grounds —

1.

Last date for appealing 4

Last date:

Is an extension of time needed? Yes/No

Respondent’s details for service 5

Name

Street address

Telephone

Email address

Reference No.

 

 

Fax No.

Signature of respondent or lawyer

 

 

Respondent/Respondent’s lawyer

Date:

Notes to Form 8 —

1.If this box is ticked, complete one or more of the next 5 rows and the respondent’s details for service.

2.If this box is ticked, ignore the next 5 rows and complete the respondent’s details for service.

3.Set out the grounds in numbered paragraphs.

4.Complete this only if the respondent also appeals against the primary court’s decision.

5.If the respondent is represented by a lawyer, the respondent’s details below must be the lawyer’s. If the respondent is self‑represented, the details must be the respondent’s personal details.

[Form 8 inserted in Gazette 17 Jun 2011 p. 2166‑7.]

9.Application in an appeal (r. 58A)

District Court of Western Australia

Appeal No:

Application in an appeal

Parties

Appellant

Respondent

Applicant

Appellant/Respondent

Application 1

The applicant applies for —

 

Conference between parties

[Tick one box]

rThe parties to this application have conferred about the issues giving rise to this application and have not resolved them.

rThe parties to this application have not conferred about the issues giving rise to this application because —

2

Signature of applicant or lawyer

 

 

Applicant/Applicant’s lawyer

Date:

Notes to Form 9 —

1.State —

·the order or orders sought; and

·the written law and provision under which the application is made.

2.State the reasons why the parties have not conferred.

[Form 9 inserted in Gazette 17 Jun 2011 p. 2167‑8.]


10.Consent notice (r. 58B)

District Court of Western Australia

Appeal No:

Consent notice

Parties

Appellant

Respondent

Consent

We consent to the following order being made —

 

Signature of appellant or lawyer

 

 

Appellant/Appellant’s lawyer

Date:

Signature of respondent or lawyer

 

 

Respondent/Respondent’s lawyer

Date:

[Form 10 inserted in Gazette 17 Jun 2011 p. 2168.]

11.Discontinuance notice (r. 58)

District Court of Western Australia

Appeal No:

Discontinuance notice

Parties

Appellant

Respondent

Notice

The appellant discontinues this appeal.

Signature of appellant or lawyer

 

 

Appellant/Appellant’s lawyer

Date:

[Form 11 inserted in Gazette 17 Jun 2011 p. 2168.]

 

dline

 

Notes

1This is a compilation of the District Court Rules 2005 and includes the amendments made by the other written laws referred to in the following table 1a. The table also contains information about any reprint.

Compilation table

Citation

Gazettal

Commencement

District Court Rules 2005

27 May 2005 p. 2335‑92

30 May 2005 (see r. 2)

District Court Amendment Rules 2005

23 Dec 2005 p. 6270‑3

1 Jan 2006 (see r. 2)

District Court Amendment Rules 2007

31 Jul 2007 p. 3807‑22

31 Jul 2007

District Court Amendment Rules 2010

10 Dec 2010 p. 6264‑8

r. 1 and 2: 10 Dec 2010 (see r. 2(a));
Rules other than r. 1 and 2:
1 Jan 2011 (see r. 2(b))

District Court Amendment Rules 2011

17 Jun 2011 p. 2153‑8

r. 1 and 2: 17 Jun 2011 (see r. 2(a));
Rules other than r. 1 and 2: 18
 Jun 2011 (see r. 2(b))

District Court Amendment Rules (No. 2) 2011

17 Jun 2011 p. 2158‑68

r. 1 and 2: 17 Jun 2011 (see r. 2(a));
Rules other than r. 1 and 2: 1
 Jul 2011 (see r. 2(b))

Reprint 1: The District Court Rules 2005 as at 19 Aug 2011 (includes amendments listed above)

District Court Amendment Rules (No. 3) 2011 r. 1‑5, 9(3) and (4), and 13(1) and (2)

18 Nov 2011 p. 4811‑18

r. 1 and 2: 18 Nov 2011 (see r. 2(a));
Rules other than r. 3‑5, 9(3) and (4), and 13(1) and (2); 19 Nov 2011 (see r. 2(c));

1aOn the date as at which this compilation was prepared, provisions referred to in the following table had not come into operation and were therefore not included in this compilation. For the text of the provisions see the endnotes referred to in the table.

Provisions that have not come into operation

Citation

Gazettal

Commencement

District Court Amendment Rules (No. 3) 2011 r. 6‑8, 9(1) and (2), 10‑12, 13(3)‑(7) 5

18 Nov 2011 p. 4811‑18

1 Dec 2011 (see r. 2(b) and Gazette 8 Nov 2011 p. 4673)

2The Legal Practice Act 2003 was repealed by the Legal Profession Act 2008.

Under the Legal Profession Act 2008 s. 630(1), a reference in an Act or document to the Legal Practice Act 2003 may, if the context permits, be taken to be a reference to the Legal Profession Act 2008.

Under the Legal Profession Act 2008 s. 630(1), a lawyer or legal practitioner may, if the context permits, be read as a reference to an Australian lawyer.

3Repealed by r. 72 which has been omitted under the Reprints Act 1984 s. 7(4)(f).

4The Legal Profession Act 2008 s. 310 establishes a Legal Costs Committee. See also see note 2.

5On the date as at which this compilation was prepared, the District Court Amendment Rules (No. 3) 2011 r. 6‑8, 9(1) and (2), 10‑12, 13(3)‑(7) had not come into operation. They read as follows:

 

6.Rule 49 amended

(1)In rule 49 insert in alphabetical order:

 

WCIMA appeal means an appeal under the Workers’ Compensation and Injury Management Act 1981 section 247(1).

 

(2)In rule 49 in the definition of primary court delete “decision.” and insert:

 

decision;

 

7.Rule 51 amended

(1)In rule 51(1)(a) after “commence an appeal” insert:

 

(other than a WCIMA appeal)

 

(2)After rule 51(3) insert:

 

(4A)To —

(a)commence a WCIMA appeal to the Court against an appealable decision; and

(b)make an application for leave under the Workers’ Compensation and Injury Management Act 1981 section 247(1),

the appellant must file a Form 8A (Appeal notice (WCIMA appeal)) that sets out the matters referred to in subrule (4B).

(4B)In Form 8A the appellant must state —

(a)the question of law the subject of the appeal; and

(b)the error alleged to have been made by the arbitrator; and

(c)the decision that the appellant claims should be made in relation to that question of law.

 

(3)In rule 51(4) after “An appeal notice” insert:

 

or an appeal notice (WCIMA appeal)

 

(4)In rule 51(6) after “When an appeal notice” insert:

 

or an appeal notice (WCIMA appeal)

 

8.Rule 52 amended

(1)In rule 52(2) after “after an appeal notice” insert:

 

or an appeal notice (WCIMA appeal)

 

(2)In rule 52(3) delete “copy of the appeal notice,” and insert:

 

copy of the appeal notice or an appeal notice (WCIMA appeal),

 

9.Rule 53 amended

(1)In rule 53(1) delete “appeal notice,” and insert:

 

appeal notice or an appeal notice (WCIMA appeal),

 

(2)In rule 53(2) delete “the appeal notice.” and insert:

 

the appeal notice or an appeal notice (WCIMA appeal).

 

10.Rule 55 amended

(1)In rule 55(1) delete “appeal notice.” and insert:

 

appeal notice or an appeal notice (WCIMA appeal).

 

(2)After rule 55(1) insert:

 

(2)At the directions hearing a legally qualified registrar may grant leave under the Workers’ Compensation and Injury Management Act 1981 section 247(1).

 

(3)Before rule 55(3)(a) insert:

 

(aa)granting leave under the Workers’ Compensation and Injury Management Act 1981 section 247(6) or making an order under section 250(1) of that Act;

 

11.Rule 57 amended

(1)In rule 57(2)(a) after “which an appeal” insert:

 

(other than a WCIMA appeal)

 

(2)After rule 57(2) insert:

 

(3)Before or during the hearing of a WCIMA appeal, the Court may —

(a)grant leave under the Workers’ Compensation and Injury Management Act 1981 section 247(1); or

(b)grant leave under section 247(6) or make an order under section 250(1) of that Act.

 

12.Rule 58A amended

(1)Delete rule 58A(1) and insert:

 

(1)At any time before an appeal is concluded, a party to an appeal may apply for an order in the appeal or an order amending or cancelling an order in the appeal in —

(a)a Form 8A (Appeal notice (WCIMA appeal)); or

(b)a Form 8 (Notice of respondent’s intention); or

(c)a Form 9 (Application in an appeal).

 

(2)In rule 58A(2):

(a)delete “To make such an application, the party must file, and serve on each other party, a Form 9 (Application in an appeal) with —” and insert:

 

A party making an application under subrule (1) must file, and serve on each other party, together with the form by which the application is made —

 

(b)in paragraph (e) after “a judge” insert:

 

or legally qualified registrar

 

Note:The heading to amended rule 58A is to read:

Orders in appeals, applying for

13.Schedule 1 amended

 

(3)In Schedule 1 Form 7 delete “[date];” and insert:

 

[date]/appeal notice (WCIMA appeal) dated [date] 2;

 

(4)After note 1 of Note to Schedule 1 Form 7 insert:

 

2.     Strike out whichever is inapplicable.

 

(5)After Schedule 1 Form 7 insert:

 

8A.Appeal notice (WCIMA appeal) (r. 51(4A))

District Court of Western Australia

Appeal No:

Appeal notice (WCIMA appeal)

Parties

Appellant

Respondent

Primary court’s decision

Primary court

Case number

Parties

Date of decision

Arbitrator

WorkCover WA Arbitration Service

Decision details 1

 

Appeal details

Notice of appeal

The appellant applies for leave to appeal to the District Court against the above decision.

Act that allows appeal

Workers’ Compensation and Injury Management Act 1981 (WCIMA) section 247.

Question of law 2

 

Amount in issue 3

 

Grounds of appeal 4

1.

Decision sought 5

1.

Leave

The appellant applies for leave to appeal under WCIMA section 247 on the ground that: 6

 

Other orders

The appellant also seeks orders that: 7

 

Notice to the respondent 8

If you want to take part in this appeal you must file a Form 8 (attached) under the District Court Rules 2005 within 21 days after the date on which you are served with this notice and serve it on the appellant.

If you file a Form 8 you must attend a directions hearing at the time and place stated below.

Last date for appealing

Last date:

Date of filing

 

Directions hearing 9

Date:Time:

Place:

Appellant’s details for service 10

Name

Street address

Telephone

Email address

Reference No.

 

 

Fax No.:

Signature of appellant or lawyer



Appellant/Appellant’s lawyer

Date:

Notes to Form 8A —

1.Examples:

·Determination of liability in favour of the respondent.

·Dismissal of application seeking determination of liability.

·Orders for cessation/reduction of weekly payments.

·Orders for recovery of payments made.

2.Specify question(s) of law the subject of the appeal.

3.This is the amount that will be used to determine whether leave is able to be granted under WCIMA section 247.

4.Set out the grounds in numbered paragraphs.

5.See rule 51(4B)(c).

6.Specify subsection(s) under which the application is made. The grounds for leave should be in numbered paragraphs.

7.For example, to adduce fresh or further evidence under WCIMA section 247(6) or a stay under section 250(1).

8.A copy of Form 8 (Notice of respondent’s intention) must be attached to this form when it is served on the respondent.

9.The Court will complete this row when the appeal notice (WCIMA appeal) is filed.

10.If the appellant is represented by a lawyer, the appellant’s details below must be the lawyer’s. If the appellant is self‑represented, the details must be the appellant’s personal details.

 

(6)In Schedule 1 Form 8 after the row relating to Cross‑appeal insert:

 

Other orders

The respondent also seeks orders that: 4A

 

(7)After note 3 of Notes to Schedule 1 Form 8 insert:

 

4A.     For possible orders see rule 57(2).

 

 

 

 

Defined Terms

 

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined TermProvision(s)

A45E(4)

Act62, 65, 71A(1)

address for service3

appealable decision49

appearance31(1)

application65

audio link3

B45E(4)

case3

case management direction23

claimant65

commencement73

court record71(1)

DPP65

enforcement order23

file3

file and serve3

Form3

former rules73

Inactive Cases List43A

judge3

lawyer3

lay registrar3

legally qualified registrar3

mediator23

personal injuries action3

primary court49

primary court case52(1)

record3

registry3

relevant registry3

report45E(1)

respondent65, 71B(3)(a)

RSC3

rules of court3

Scott Schedule45D(1)

section62, 65, 71A(1)

serve3

settle3

trial date45B

video link3

working day3