Supreme Court Act 1935

Supreme Court (Court of Appeal) Amendment Rules 2024

 

 

Supreme Court (Court of Appeal) Amendment Rules 2024

Contents

1.Citation1

2.Commencement1

3.Rules amended1

4.Rule 29 amended1

5.Rule 32 amended2

6.Rule 62 amended3

 

Supreme Court Act 1935

Supreme Court (Court of Appeal) Amendment Rules 2024

Made by the judges of the Supreme Court.

1.Citation

These rules are the Supreme Court (Court of Appeal) Amendment Rules 2024.

2.Commencement

These rules come into operation as follows —

(a)rules 1 and 2 — on the day on which these rules are published on the WA legislation website;

(b)the rest of the rules — on 1 September 2024.

3.Rules amended

These rules amend the Supreme Court (Court of Appeal) Rules 2005.

4.Rule 29 amended

(1)In rule 29(1):

(a)in paragraph (b) delete “(2).” and insert:

 

(2); and

 

(b)after paragraph (b) insert:

 

(c)if the civil appeal is an appeal under the Criminal Law (Mental Impairment) Act 2023 Part 12 — a document that sets out the grounds of appeal.

 

(2)After rule 29(3) insert:

 

(4)For the purposes of the Criminal Law (Mental Impairment) Act 2023 section 214(4), a Form 2 filed in accordance with this rule, accompanied by a document that sets out the grounds of appeal, is taken to be an application for leave to appeal that sets out the grounds of the appeal.

 

5.Rule 32 amended

In rule 32(4):

(a)in paragraph (f) delete “arise.” and insert:

 

arise; and

 

(b)after paragraph (f) insert:

 

(g)must, for any ground that alleges the primary court acted without or in excess of jurisdiction, state the basis for the allegation.

 

6.Rule 62 amended

In rule 62(4)(e) delete “chairperson of the Mentally Impaired Accused Review Board; and” and insert:

 

President of the Mental Impairment Review Tribunal; and

 

Date: 6 August 2024

The Hon. Chief Justice Peter Quinlan

Chief Justice of Western Australia

Supreme Court of Western Australia

 

© State of Western Australia 2024.

This work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.

Attribute work as: © State of Western Australia 2024.

By Authority: GEOFF O. LAWN, Government Printer