Supreme Court Amendment Rules 2025 00-00-00 Xml

Western Australia

Supreme Court Amendment Rules 2025

Contents

1.Citation1

2.Commencement1

3.Rules amended1

4.Order 1 rule 4 amended1

5.Order 5 rule 9 deleted1

6.Order 9 rule 1 amended1

7.Order 24 replaced2

Order 24 — Payment into and out of court

Division 1 — Preliminary

1.Term used: trust account2

Division 2 — Payment into court

2.Terms used2

3.Payment of money into court2

4.Handling of money paid into court3

Division 3 — Payment out of court

5.Terms used4

6.No payment out without order4

7.Payment of money out of court4

8.Payment to estate of deceased person6

8.Order 75 rule 8 amended7

9.Schedule 2 amended7

Form 4.Notice to defendant in action for possession, foreclosure or sale of mortgaged property (O. 4AA r. 3)8

10.Schedule 3 deleted9

11.Various references to “Accountant” amended10

Supreme Court Act 1935

Supreme Court Amendment Rules 2025

Made by the judges of the Supreme Court.

1.Citation

These rules are the Supreme Court Amendment Rules 2025.

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 the day after that day.

3.Rules amended

These rules amend the Rules of the Supreme Court 1971.

4.Order 1 rule 4 amended

In Order 1 rule 4(1) delete the definition of Accountant.

5.Order 5 rule 9 deleted

Delete Order 5 rule 9.

6.Order 9 rule 1 amended

In Order 9 rule 1(4) delete “or in default of defence”.

7.Order 24 replaced

Delete Order 24 and insert:

Order 24 — Payment into and out of court

Division 1 — Preliminary

1.Term used: trust account

In this Order —

trust account means the agency special purpose account (as defined in the Financial Management Act 2006 section 3) operated by the proper officer to hold money paid into court.

Division 2 — Payment into court

2.Terms used

In this Division —

approved request means a request for the payment of money into court that is approved under rule 3(2)(a)(i);

specified sum means the sum specified in an approved request as the sum to be paid into court.

3.Payment of money into court

(1)Before paying money into court a party must file the following documents —

(a)a request to make the payment, specifying the sum to be paid and signed by the party or the party’s legal practitioner;

(b)a copy of any judgment and a stamped or sealed copy of any notice, pleading, petition, order or other document to which the requested payment relates.

(2)If the requested payment would be in order —

(a)the Principal Registrar must —

(i)approve the request; and

(ii)forward the approved request and any documents filed with it to the proper officer;

and

(b)the proper officer must cause the party filing the request to be notified that it has been approved.

(3)If a request is approved under subrule (2)(a)(i), the requesting party must pay the specified sum in accordance with the notification of approval.

(4)When the specified sum is paid the proper officer must —

(a)record the payment; and

(b)cause the party filing the request to be notified that the payment has been made.

4.Handling of money paid into court

(1)Where money is paid into court the proper officer must credit it to the trust account.

(2)If money paid into court is to be invested the proper officer must —

(a)debit it to the trust account and remit it to the Public Trustee; and

(b)to the extent that the proper officer thinks necessary or desirable, provide the Public Trustee with copies of the approved request and any material filed with it.

(3)The Public Trustee must invest money paid under subrule (2)(a).

(4)If a judgment or order provided to the Public Trustee under subrule (2)(b) includes directions as to the investment of the money, the Public Trustee must comply with those directions.

Division 3 — Payment out of court

5.Terms used

In this Division —

approved request means a request for the payment of money out of court that is approved under rule 7(2)(a);

specified sum means the sum specified in an approved request as the sum to be paid out of court.

6.No payment out without order

Money must not be paid out of court except under an order of the Court.

7.Payment of money out of court

(1)To receive money out of court, a person must file —

(a)a request for payment of the money, signed by the person and, if the person is legally represented, the person’s legal practitioner; and

(b)a copy of the order under which payment is to be made; and

(c)any documents required to satisfy the Principal Registrar as to the funds out of which payment is to be made; and

(d)any documents required to satisfy the Principal Registrar as to the sum to be paid out.

(2)If the requested payment would be in order, the Principal Registrar must —

(a)approve the request; and

(b)forward the approved request and the material filed with it to the proper officer.

(3)If the funds out of which payment is to be made are held in the trust account, the proper officer must —

(a)pay the specified sum in accordance with the approved request; and

(b)record the payment; and

(c)cause the party filing the request to be notified that the payment has been made.

(4)If the funds out of which payment is to be made have been transferred to the Public Trustee for investment —

(a)the proper officer must —

(i)notify the Public Trustee that a request for payment has been approved; and

(ii)to the extent that the proper officer thinks necessary or desirable, provide the Public Trustee with copies of the approved request and any material filed with it; and

(iii)ask the Public Trustee to pay out the specified sum in accordance with the approved request;

and

(b)the Public Trustee must —

(i)pay out the specified sum in accordance with the approved request; and

(ii)confirm to the proper officer that the payment has been made;

and

(c)the proper officer must —

(i)record the payment; and

(ii)cause the party filing the request to be notified that the payment has been made.

8.Payment to estate of deceased person

(1)This rule applies if —

(a)the estate of a deceased person who has died intestate is entitled to receive money out of Court; and

(b)administration of the deceased person’s estate has not been granted; and

(c)it is proved to the satisfaction of the Court that value of the estate (including the money to which the estate is entitled out of Court) does not exceed $7 500.

(2)The Court may direct that the money be paid, transferred or delivered to the person who, being the widower, widow, de facto partner of the deceased (immediately before the death), child, parent, brother or sister of the deceased, would be entitled to take out administration.

8.Order 75 rule 8 amended

In Order 75 rule 8(1) delete “photographic”.

Note: The heading to amended Order 75 rule 8 is to read:

Probate to be lodged at Registry if judgment for plaintiff

9.Schedule 2 amended

(1)In Schedule 2 Form 1 delete “either personally or by solicitor at the Central Office of the Supreme Court at” and insert:

at the Supreme Court in

(2)In Schedule 2 Form 2 delete:

NOTE: If the defendant enters an appearance, then unless a summons for judgment is served on him in the meantime, he must also file a defence at the Central Office of the Supreme Court at Perth, and serve such defence on the solicitor for the plaintiff, within 14 days after the last day of the time limited for entering an appearance, otherwise judgment may be entered against him without notice.

and insert:

NOTE: If you have entered an appearance and have not been served with a summons for judgment then, within 14 days after the last day of the time limit for entering an appearance, you must file a defence at the Supreme Court in Perth and serve the defence on the solicitor for the plaintiff. If you do not file a defence, judgment may be entered against you without notice.

(3)Delete Schedule 2 Form 4 and insert:

Form 4.Notice to defendant in action for possession, foreclosure or sale of mortgaged property (O. 4AA r. 3)

Supreme Court of Western Australia		Action No:
		Notice to defendant in action for possession, foreclosure or sale of mortgaged property
Parties	Plaintiff Defendant
Notice to [insert name of defendant] IMPORTANT NOTICE AND HOW TO RESPOND
This notice is attached to a Writ of Summons issued by [name of plaintiff] (the plaintiff). The plaintiff seeks orders to take possession of and sell your property at [address] under your mortgage with [name of mortgagee].
You should seek legal advice without delay. Legal Aid WA may be able to help: Ÿwww.legalaid.wa.gov.au ‑ ‘Mortgage stress self‑help guide’ ŸLegal Aid WA InfoLine on 1300 650 579 for free information or a referral to other services that might be able to assist you (open Monday to Friday 9.00 am to 4.00 pm except public holidays). If you need Translating and Interpreting Services contact 131 450, or the National Relay Service (for hearing and speech impaired) contact 133 677. If you believe you have a legal defence, you can defend the action. You do not have a legal defence just because you disagree with the bank, or because you could not pay your mortgage for reasons beyond your control. A lawyer can help you decide if you should defend the action. If you want to defend the action, you must within [number of days as required in Order 5 rule 11] days after the writ of summons was served on you inform the Court and the plaintiff’s lawyers that you wish to defend the action.
To inform the Court and the plaintiff’s lawyers that you wish to defend the action you must: 1.File a Memorandum of Appearance (Rules of the Supreme Court 1971 Schedule 2 Form 6) through the e‑Courts Portal. A link to the e‑Courts Portal and information on electronic filing can be found on the Supreme Court website at: www.supremecourt.wa.gov.au. 2.Serve on [name of law firm representing plaintiff] without delay a copy of the Memorandum of Appearance which shows the Court’s stamp after it has been filed.
If you do nothing: if you do not file a Memorandum of Appearance within [number of days] days after the writ of summons was served on you, then the plaintiff can ask the Court to make orders that would allow the plaintiff to [remedy] your property at [address].
The plaintiff’s lawyers: The plaintiff is represented by [name of law firm representing plaintiff], whose address is [street address]. If you wish to contact someone at [name of law firm representing plaintiff] in relation to this matter then you should contact [lawyer’s name] on [lawyer’s telephone number] or by email at [lawyer’s email address].

(4)In Schedule 2 Form 10 delete “either personally or by a solicitor at the Central Office of the Supreme Court at” and insert:

at the Supreme Court in

(5)In Schedule 2 Form 11 delete “Appearance is to be entered at the Central Office, Supreme Court, Perth.” and insert:

A third party may enter an appearance in the Supreme Court by filing electronically a Memorandum of Appearance. Information on electronic filing can be found on the Supreme Court website at: www.supremecourt.wa.gov.au.

10.Schedule 3 deleted

Delete Schedule 3.

11.Various references to “Accountant” amended

In the provisions listed in the Table delete “Accountant” (each occurrence) and insert:

proper officer

Table

O. 61 r. 28(1)(b) and (3)	O. 61 r. 28A(1)(b) and (2)
O. 84 r. 8

Date: 8 December 2025

The Hon. Chief Justice Peter Quinlan

Chief Justice of Western Australia

Supreme Court of Western Australia

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.

By Authority: ROGER JACOBS, Acting Government Printer