Supreme Court Act 1935
Rules of the Supreme Court 1971
Western Australia
Rules of the Supreme Court 1971
CONTENTS
Order 1 — Application, elimination of delay and forms
1. Short title 2
2. Commencement and saving 2
3. Certain proceedings excluded 2
3A. Inherent powers not affected 3
4. Definitions 3
4A. Elimination of delays 6
4B. System of case flow management 7
4C. Parties to notify settlement 7
5. Construction of references to Orders, Rules etc. 7
6. Forms 8
Order 2 — Effect of non‑compliance
1. Non‑compliance with Rules 9
2. Application to set aside for irregularity 9
Order 3 — Time
1. “Month” means calendar month 11
2. Reckoning periods of time 11
3. Period between 24 December and 15 January excluded from time for filing etc. of pleading11
4. Time expires on day on which Central Office closed 12
5. Extension etc. of time 12
6. Extension where security ordered 12
7. Notice of intention to proceed after year’s delay 12
Order 4 — Mode of commencing proceedings: applications in pending proceedings
1. Commencement of civil proceedings 14
2. Applications in pending proceedings 14
3. Right to sue in person 14
Order 5 — Writs of summons
1. Form of writ 15
2. Writs for service out of the State 15
3. Place of trial to be shown 15
4. Place of issue 15
5. Preparation of writ 15
6. Sealing of writ 15
7. Copy to be left with officer 15
8. Copy to be filed 16
9. Writs for service out of the State 16
10. All writs to be tested 16
11. Time for appearance to be stated in writ 16
Order 6 — Indorsement of claim: other indorsements
1. Indorsement of claim 18
2. Actions for libel 18
3. Indorsement of statement of claim 18
4. Notice as to stay of proceedings 18
5. Representative character 19
6. Indorsement of claim for account 19
7. Writ etc. to state contact details 19
Order 7 — Duration and renewal of writ: concurrent writs
1. Duration and renewal of writ 20
2. Evidence of extension of validity of writ 20
3. Concurrent writs 21
4. Unserved writs may be struck out 21
Order 8 — Disclosure by solicitors: change of solicitors
1. Solicitor to declare whether writ issued by his authority 23
2. Change of solicitor 23
3. Notice of change of agent 24
4. Notice of appointment of solicitor 24
5. Notice of intention to act in person 24
5A. Notices to state party’s contact details 24
6. Removal of solicitor from the record 25
7. Withdrawal of a solicitor who has ceased to act for a party25
8. Effect of order 26
9. Service details of party whose solicitor is removed 26
11. Solicitor not to act for adverse parties 27
12. Practitioner or clerk not to be security 27
Order 9 — Service of originating process: general provisions
1. General provisions 28
2. Service of writ on agent of oversea principal 28
3. Service of writ in pursuance of contract 29
4. Service of writ in certain actions for possession of land 30
5. Service of originating summons, petition and notice of motion30
Order 10 — Service out of the jurisdiction
1A. Application 31
1. When service out of jurisdiction is permissible 31
2. Service out of the jurisdiction in certain actions in contract 33
3. Notice of writ 33
4. Application for leave 34
5. Time for appearance 34
6. Service of notice 34
7. Service of originating summons and other documents 34
8. Saving of existing practice 35
9. Service abroad through foreign governments, judicial authorities, and consuls 35
10. Service abroad: general and saving provisions 37
11. Undertaking to pay expenses of service 38
Order 11 — Service of foreign process
1A. Application 39
1. Definitions 39
2. Service of foreign legal process 39
3. Service under Convention 40
4. Service to be through sheriff 41
5. Consequential orders 41
Order 11A — Service of foreign judicial process originating in a country that is a party to the Hague Convention
1. Definitions 42
2. Application 43
3. Request for service and accompanying documents 43
4. Service 44
5. Affidavit of service 45
6. Certificate of service 46
7. Application of Rules generally 46
Order 11B — Service of judicial process in a country that is a party to the Hague Convention
1. Definitions 47
2. Application 47
3. Records 48
4. Documents required to be filed 48
5. Procedure on filing application requesting service etc. 51
6. Procedure on receipt of certificate in respect of service 51
7. Payment of costs 52
8. Evidence of service 53
9. Application of Rules generally 53
Order 11C — Judgments in default of appearance where originating process is transmitted for service under the Hague Convention
1. Definitions 54
2. Application 54
3. Power to enter judgment in default of appearance where a certificate of service has been filed55
4. Filing of certificate of service deemed to be compliance with certain other Rules 55
5. Power to enter judgment in default of appearance where a certificate of service has not been filed56
6. Interlocutory orders 56
7. Setting aside a judgment in default of appearance 56
8. Application of Rules generally 57
Order 12 — Appearance
1. Who may enter appearance 58
2. How to enter an appearance 58
3. Procedure on receipt of requisite documents 58
4. Appearance to be served on plaintiff 59
5. Late appearance 59
6. Conditional appearance 59
7. Setting aside service before appearance 60
8. Person not named may defend for land 60
9. Person appearing to be named as defendant 60
10. Limited defence and notice thereof 60
Order 13 — Default of appearance to writ
1. Affidavit of service 62
2. Claim for liquidated demand 62
3. Where liquidated demand judgment against several defendants 63
4. Claim in detinue 63
5. Claim for possession of land 63
6. Mixed claims 64
7. Claims for damages 64
8. Other cases 65
9. Reference to Court in case of doubt 65
10. Setting aside judgment 66
Order 14 — Summary judgment
1. Plaintiff’s application for summary judgment 67
2. Application to be by summons 67
3. Judgment may be given for plaintiff 68
4. Leave to defend 68
6. Summary judgment on counterclaim 69
7. Directions 69
8. Costs 70
9. Right to proceed with residue of action or counterclaim 70
10. Judgment for delivery of specific chattel 71
11. Relief from forfeiture 71
12. Setting aside judgment 71
Order 16 — Summary judgment on application of defendant
1. Defendant may apply for summary judgment 72
2. Plaintiff may show cause 72
3. Directions 73
4. Judgment may be set aside or varied 73
Order 17 — Interpleader
1. Relief by way of interpleader 74
2. Mode of application 74
3. Time for application by defendant 75
4. Stay of proceedings 75
5. Order on summons 75
6. Summary determination 75
7. Where question of law only 75
8. Claimant failing to appear etc. 76
9. Power to order sale of goods 76
10. Discovery etc. and trial 76
11. One order where several causes pending 76
15. Other powers of the Court 76
Order 18 — Causes of action, counterclaims and parties
1. Joinder of causes of action 77
2. Counterclaim against plaintiff 77
3. Counterclaim against additional parties 78
4. Joinder of parties 79
5. Court may order separate trials etc. 80
6. Misjoinder and nonjoinder of parties 80
7. Change of parties by reason of death etc. 81
8. Provisions consequential on making of order under Rule 6 or 7 82
9. Failure to proceed after death of party 84
10. Actions for possession of land 84
11. Relator actions 85
12. Representative proceedings 85
13. Representation of interested persons who cannot be ascertained etc. 86
14. Representation of beneficiaries by trustees etc. 88
15. Representation of deceased person interested in proceedings88
16. Declaratory judgment 89
17. Conduct of proceedings 89
Order 19 — Third party and similar proceedings
1. Third party notice 90
2. Application for leave to issue third party notice 91
3. Issue and service of, and entry of appearance to, third party notice 91
4. Third party directions 92
5. Default of third party etc. 93
6. Setting aside third party proceedings 94
7. Judgment between defendant and third party 94
8. Claims and issues between a defendant and some other party 94
9. Claims by third and subsequent parties 95
10. Offer of contribution 96
11. Counterclaim by defendant 96
12. Costs 96
Order 20 — Pleadings
1. Service of Statement of Claim 97
2. Statement of Claim 97
3. Pleadings etc. to be filed before service 97
4. Service of defence 98
5. Service of reply and defence to counterclaim 98
6. Pleadings subsequent to reply 99
7. Pleadings: formal requirements 99
8. Facts, not evidence, to be pleaded 100
9. Matters which must be specifically pleaded 100
10. Matter may be pleaded whenever arising 102
11. Departure 102
12. Points of law may be pleaded 102
13. Particulars of pleading 102
13A. Particulars in defamation actions 104
14. Admissions and denials 104
15. Denial by joinder of issue 105
16. Defence of tender 106
17. Defence of set‑off 106
18. Counterclaim and defence to counterclaim 106
19. Striking out pleadings and indorsements 106
20. Close of pleadings 108
21. Trial without pleadings 108
22. Preparation of issues 109
23. Preliminary Act — collision between vessels 109
24. Failure to lodge Preliminary Act 111
Order 21 — Amendment
1. Amendment of writ without leave 112
2. Amendment of appearance 112
3. Amendment of pleadings without leave 112
4. Application for disallowance of amendment made without leave 113
5. Amendment of writ or pleading with leave 114
6. Amendment of other originating process 115
7. Amendment of other documents 115
8. Failure to amend after order 115
9. Mode of amendment 116
10. Amendment of judgments and orders 117
Order 22 — Default of pleadings
1. Default in service of statement of claim 118
2. Default of defence: claim for liquidated demand 118
3. Claim for unliquidated damages 118
4. Claim in detinue 119
5. Claim for possession of land 119
6. Mixed claims 120
7. Other claims 120
8. Default of defence to counterclaim 121
9. Reference to Court 121
10. Setting aside judgment 121
Order 23 — Discontinuance
1. Withdrawal of appearance 122
2. Plaintiff may discontinue: defence may be withdrawn 122
3. Costs 123
4. Subsequent action stayed pending payment 123
5. Withdrawal of summons 123
Order 24 — Payment into court — offers to consent to judgment
9. In certain cases no payment out without order 124
11. Amounts under $7 500 may be paid without administration124
12. Regulations 125
Order 24A — Offer of compromise
1. Mode of making offer 126
2. Application 126
3. Time for making or accepting offer 126
4. Time for payment 128
5. Withdrawal of acceptance 128
6. Offer without prejudice 128
7. Disclosure of offer to Court 129
8. Failure to comply with accepted offer 129
9. Multiple defendants 130
10. Costs 130
Order 25 — Security for costs
1. Security generally 133
2. Grounds for ordering 133
3. Court has a discretion 134
4. Definition 134
5. Manner of giving security 134
6. Action may be stayed 134
7. Payment out 135
8. Saving 135
Order 26 — Discovery and inspection
1A. Definitions 136
1. Discovery without order 136
2. Continuing obligation to give discovery 137
3. Determination of issue before discovery 138
4. Form of list and affidavit — by whom made 138
5. Defendant entitled to copy of co‑defendant’s list 139
6. Order for discovery of particular documents 139
7. Orders as to discovery 140
8. Inspection of documents in list 141
8A. Procedure on discovery 142
9. Order for inspection of documents 143
10. Order for production to the Court 144
11. Production only if necessary 144
11A. Costs of preparation of document to facilitate inspection 144
12. Claim of privilege 144
13. Production of business books 145
14. Where disclosure against public interest 145
15. Non‑compliance with requirements for discovery etc. 145
15A. Certificate by solicitor 146
16. Revocation and variation of orders 146
Order 26A — Discovery etc. from non‑parties and potential parties
1. Definitions 148
2. Public interest immunity not affected 148
3. Discovery etc. to identify a potential party 148
4. Discovery from a potential party 149
5. Discovery from a non‑party 150
6. Order 26 applies to discovery ordered under this Order 151
7. Costs 151
Order 27 — Interrogatories
1. Discovery by interrogatories 152
2. Answers 152
3. Note as to party required to answer 152
4. Statement in answer 153
5. Grounds for objection 153
6. Statements etc. — by whom made 153
7. Order for answers or further answers 154
8. Non‑compliance with order 154
9. Use of answers in evidence 155
10. Revocation and variation of orders 155
Order 28 — Medical examination: Inspection of physical objects
1. Medical examination of parties 156
2. Inspection of physical objects 157
Order 29 — Case flow management powers of the Court
1. Definitions 158
2. Court may review any case 158
3. Mediation conferences 161
3A. Application of Rules 4 and 4A 162
4. Compliance with standard times 162
4A. Failure to comply with standard times deemed in certain circumstances 164
5. Summons for directions 165
6. Directions hearings 165
Order 29A — Case management
Part 1 — Preliminary
1. Application 167
2. Definitions 167
3. Case management directions 168
4. Enforcement orders 170
5. Inconsistencies with other Rules 171
Part 2 — Case management conferences
6. Status conference 171
7. Case evaluation conference 172
8. Listing conference 174
Part 3 — General
9. Other parties to be served within 24 hours 175
10. Who is to attend conferences 175
11. Mediation conferences 175
12. Applications at case management conferences 177
13. Judges and Masters may amend or cancel directions 177
14. Non‑compliance with case management direction: duty to notify etc. 177
15. Cases that are struck out etc. 178
Part 4 — Inactive Cases List
16. Definition 178
17. Registrar may issue summons to show cause 178
18. Springing order that case be put on Inactive Cases List 179
18A. Cases inactive for 12 months deemed inactive 179
19. Parties to be notified of case being on Inactive Cases List and to advise clients 179
20. Consequences of a case being on Inactive Cases List 180
21. Cases on Inactive Cases List for 6 months to be taken to have been dismissed 180
Order 30 — Admissions
1. Admission of other party’s case 181
2. Notice to admit facts 181
3. Judgment on admissions 181
4. Admission and production of documents 182
5. Notice to admit documents 182
Order 31 — Special cases and stated cases
1. Questions of law 184
2. Preliminary question of law 184
3. Preparation of case 184
4. Person under disability — leave to set down 185
5. Entry of special case for argument 185
6. Agreement as to payment of money and costs 185
7. Reference of case to Court of Appeal (Act s. 58(1)(d)) 186
8. Cases stated outside the Court 186
Order 31A — Expedited List
1. Definitions 188
2. Entry into Expedited List 188
3. Heading of documents 189
4. Timetable 189
5. Directions 190
6. Amendment to pleadings 192
7. Adjournments 192
8. Interrogatories 193
9. Plan, photograph or model 193
10. Mediation 194
11. Referees 195
12. Entry for trial 196
13. Removal from the Expedited List 196
14. Inconsistencies with other Rules 197
Order 32 — Place and mode of trial
1. Place of Trial 198
2. Application for trial by jury 198
3. Usual mode of trial 198
4. Time of trial of questions or issues 198
5. Issues may be tried differently 198
6. Trial with jury by a single Judge 199
7. Disposal of action 199
8. Trial by jury, precepts for etc. 199
Order 33 — Entry for trial
1. Time for entering action 200
2. When plaintiff in default, other party may act 200
3. Notice of entry 200
4. Form of entry for trial 201
5. Time to elapse before hearing 201
6. Entry for Perth 201
7. Entry for Circuit Court 201
8. Certificate of readiness for trial required 201
8A. Affidavit of service of notice of entry for trial 202
8B. Application for adjournment to Judge in charge of Civil List202
9. Application to countermand entry 203
10. After entry no interlocutory applications without leave 203
11. No withdrawal from list after date fixed except by leave 204
12. Fixing dates of trial 204
13. Re‑listing for further consideration 205
14. Papers for the Judge 206
Order 34 — Proceedings at trial
1. Failure of both parties to appear 207
2. Non‑appearance of either party 207
3. Setting aside judgment given in absence of party 207
4. Adjournment of trial 207
5. Conduct of the trial 207
5A. Time etc. limits at trial 208
6. Evidence in mitigation of damages in libel or slander 209
7. Inspection by Judge or jury 209
8. Judgment at or after trial 209
9. Record of proceedings 210
10. Where time occupied by trial excessive 210
11. Entry of findings of fact on trial 210
12. Certificate for entry of judgment 210
13. Exhibits 211
14. Return of exhibits 211
15A. Return of document or object to the person who produces the document or object 212
16. Death of party before judgment is given 213
17. Impounded documents 213
18. Assessment of damages by a Master 213
19. Damages to time of assessment 214
20. Writ of inquiry not to be used 214
Order 35 — Assessors and Referees
1. Trial with assessors 215
2. Trial before a Referee 215
3. Evidence before Referee 215
4. Authority of Referee 215
5. No power to imprison 215
6. Referee may submit question to the Court 216
7. Notice of report 216
8. Adoption etc. of report where further consideration adjourned 216
9. Application to adopt or vary report 216
10. Costs 217
11. Application of this Order to other references 217
Order 36 — Evidence: General
1. General rule — oral examination 218
2. Evidence by affidavit 218
3. Evidence of children and other witnesses 218
4. Reception of plans etc. in evidence 219
5. Orders may be revoked 219
6. Trials of issues, references etc. 219
7. Depositions as evidence 219
8. Court documents admissible in evidence 220
9. Evidence at trial may be used in subsequent proceedings 220
10. Evidence in another cause 220
11. Production of documents 221
20. Interest for the purposes of the Act s. 32 221
Order 36A — Expert evidence
1. Definitions 222
2. Medical evidence in actions for personal injuries 222
3. Other expert evidence 224
4. Exceptions 225
5. Limitation of expert evidence 225
6. Disclosure of part of expert evidence 225
7. Derogation of privilege 225
8. Mode of application 225
9. Revocation and variation of directions 226
Order 36B — Subpoenas
1. Definitions 227
2. Issuing of subpoena 228
3. Form of subpoena 228
4. Setting aside or other relief 229
5. Service 230
6. Compliance with subpoena 230
7. Production otherwise than upon attendance 231
8. Removal, return, inspection, copying and disposal of documents and things 231
9. Inspection of, and dealing with, documents and things produced otherwise than on attendance232
10. Disposal of documents and things produced 233
11. Costs and expenses of compliance 234
12. Failure to comply with subpoena — contempt of court 234
13. Documents and things in the custody of a court 235
Order 37 — Affidavits
1. Title of affidavits 236
2. Form of affidavit 236
3. Affidavits by 2 or more deponents 237
5. Irregularity 237
6. Contents of affidavit 238
7. Scandalous matter 238
9. Exhibits 239
13. Affidavits to be filed 239
14. Special times for filing 239
15. Alterations in accounts 239
16. This Order additional to Oaths, Affidavits and Statutory Declarations Act 2005 240
Order 38 — Evidence by deposition
1. Power to order depositions to be taken 241
4. Enforcing attendance of witness 241
5. Refusal of witness to attend or be sworn 242
6. Time and place for examination 242
7. Documents to be given to examiner 242
8. Practice on examination 243
9. Expenses of witnesses 243
10. Examination of additional witnesses 243
11. Mode of taking deposition 243
12. Objection to questions 244
13. Special report 245
14. Oaths 245
15. Perpetuating testimony 245
16. Examiner’s fees 246
17. Payment of examiner’s fees 246
Order 38A — Examination of witnesses outside the State
1. Definitions 248
2. Application of this Order 248
3. Applications under Act s. 110 and 111 in civil proceedings248
4. Application under Act s. 110 and 111 in criminal proceedings249
5. Orders under Act s. 110 and 111 249
6. Manner of examination 250
7. Examiner’s remuneration 250
Order 39 — Taking of evidence for foreign and Australian courts
1. Definitions 251
2. Applications under Act s. 116 251
3. Orders under Act s. 117 251
4. Examiner’s remuneration 252
4A. Examiner’s power to administer oaths 252
5. Transmission of depositions 252
6. Procedure where witness claims privilege 253
Order 39A — Trans‑Tasman proceedings
1. Definitions 255
2. Application 255
3. Leave to serve subpoena 255
4. Setting aside subpoena (Act s. 13) 257
5. Failure to comply with subpoena (Act s. 16) 258
6. Evidence by video link or telephone (Act s. 25) 258
7. Fax copies 260
Order 40 — Court experts
1. Definitions 261
2. Appointment of expert 261
3. Report of Court expert 261
4. Cross‑examination 262
5. Remuneration 262
6. Further expert witnesses 262
Order 41 — Motion for judgment
1. Judgment to be on motion 264
2. Judgment after issues tried 264
3. Where some issues only determined 264
4. Motion to be set down within one year 265
5. Court may draw inferences and determine questions 265
Order 42 — Entry of judgment
1. Mode and form of entry 266
2. Date from which judgment or order takes effect 266
3. Orders to perform any act 266
4. Judgment on production of affidavit or document 266
5. Judgment on production of order or certificate 267
6. Judgment on certificate of Master or Registrar 267
7. Judgment by consent when party appears by a solicitor 267
8. Consent of party in person 267
9. Satisfaction of judgments 267
Order 43 — Drawing up judgments and orders
1. Drawing up of judgments etc. 269
2. When order need not be drawn up 269
3. Authentication of judgments and orders 270
4. Sealed duplicate to be issued 270
5. Amendment of order 271
6. Draft and documents to be lodged 271
7. Appointment to settle draft 272
8. Attendance on settling the draft 272
9. Default of attendance 272
10. Dispensing with appointment 273
11. Registrar’s powers and reference to the Court 273
12. Party to engross 274
13. Certificate for special allowance 274
14. Entry of judgments and orders 274
15. Application to vary 274
16. Consent orders 275
Order 44A — Foreign Judgments Act 1991 (Commonwealth) rules
1. Definitions 276
2. Application 276
3. Application for registration 276
4. Evidence in support of application 277
5. Security for costs 278
6. Order for registration 278
7. Register to be kept 279
8. Notice of registration 279
9. Indorsement of service 280
10. Application to set aside registration 280
11. Enforcement 280
12. Determination of certain questions 281
13. Certified copy of judgment obtained in this State 281
Order 45 — Accounts and inquiries
1. Summary order for accounts 284
2. Accounts etc. at any stage 284
3. Directions to be numbered 284
4. Directions as to mode of taking account 284
5. Account to be verified 285
6. Mode of vouching accounts 285
7. Surcharge or error 285
8. Just allowances 286
9. Expediting proceedings 286
10. Distribution of fund before all persons entitled are ascertained 286
11. Master etc. may be ordered to take accounts or make inquiries 287
12. Right to adjournment from Registrar etc. 287
Order 46 — Civil Judgments Enforcement Act 2004 rules
1. Definitions 288
2. Applications that may be dealt with by a registrar 288
3. Enforcing judgment in action between partners 289
Order 51 — Receivers
1. Application for receiver and injunction 290
3. Receiver’s security 290
4. Remuneration of receiver 291
5. Accounts 291
6. Payment of balances by receiver 291
7. Default by receiver 291
8. Books to be deposited 292
9. Compensation to party restrained 292
10. Compensation by applicant to party restrained 293
11. Application of this Order 293
Order 52 — Interlocutory injunctions, interim preservation of property
1. Application for injunction 294
2. Detention, preservation or inspection of property 294
3. Power to order taking of samples etc. 295
4. Disposal of perishable property etc. 295
5. Order for early trial 296
6. Recovery of personal property subject to lien 296
7. Directions 297
8. Allowance of income or transfer of property pendente lite297
9. Injunction to include undertaking as to compensation to party restrained 297
10. Compensation to party restrained by undertaking 298
Order 52A — Freezing orders
1. Definitions 299
2. Freezing order 299
3. Ancillary order 299
4. Respondent need not be party to proceeding 300
5. Order against judgment debtor, prospective judgment debtor or third party 300
6. Court’s other jurisdiction not affected 302
7. Service outside Australia of application for order 302
8. Costs 302
Order 52B — Search orders
1. Definitions 303
2. Search order 303
3. Requirements for making of search order 303
4. Court’s other jurisdiction not affected 304
5. Terms of search order 304
6. Independent solicitors 305
7. Costs 305
Order 53 — Sales of land by the Court
1. Definition 307
2. Power to order sale of land 307
3. Manner of sale 307
4. Directions 307
5. Certificate of sale 308
6. Mortgage, exchange or partition 308
7. Reference of matters to counsel 309
8. Objection to counsel’s opinion 309
Order 54 — Originating and other motions
1. Application of Order 310
2. Application by motion 310
3. Notice of motion 310
4. Length of notice of motion 310
5. Form of notice of motion 310
6. Issue of notice of motion 311
7. Service of notice of motion with writ 311
8. Adjournment etc. 311
Order 55 — Committal and attachment
1. Definition 312
2. Committal for contempt of court 312
3. Contempt in the face of the Court 312
4. Other cases of contempt 313
5. Form of notice and service 313
6. Arrest 314
7. Punishment 314
8. Power to suspend execution of committal order 314
9. Discharge 315
10. Saving for other powers 315
11. Court may make peremptory order in first instance 315
12. Application of Rules to attachment 316
Order 56 — Mandamus, Certiorari, Prohibition, Quo Warranto
Division 1 — General
1. Application ex parte 317
2. Application for order to show cause, procedure on 318
3. Order to show cause, terms of 319
4. Service of order to show cause or notice of motion 319
6. Applicant limited to grounds etc. in order nisi 320
7. Right to be heard in opposition 320
8. Additional affidavits, determination of issue etc. 320
9. Order absolute, costs 321
10. Issue and filing of writs 321
Division 2 — Certiorari
11. Time for application 322
12. Copy of warrant, order etc. to be produced 322
13. Order to quash in the first instance 322
14. Forms 323
Division 3 — Mandamus
15. Prosecutor to show interest 323
16. Form of writ 323
17. Time for return of writ 324
18. Service 324
19. Service on corporate body, or justices 324
20. Return and service 324
21. Pleading to return 325
22. No motion for judgment 325
23. Peremptory writ 325
24. Costs where peremptory writ awarded in first instance, or on obedience 325
25. Proceedings in nature of interpleader 326
26. Proceedings not to abate 326
27. Time 326
28. Mandamus by order 327
29. No action against party obeying writ or order 327
Division 4 — Prohibition
30. Pleadings in Prohibition 327
31. Proceedings on judgment 327
32. Writ of Procedendo 328
33. Prohibition by order 328
Division 5 — Quo warranto
34. Rules of Court applicable 328
35. Signature and service of information 328
Order 56A — Review orders under the Magistrates Court Act 2004
1. Definitions 330
2. Application for a review order, making 330
3. Application for review order, procedure on 331
4. Review order, service of 332
5. Review order, hearing of 332
6. Final order, making and service of 333
Order 57 — Habeas corpus
1. Application for writ of habeas corpus 334
2. Power of Court when ex parte application made 334
3. Copies of affidavits to be supplied 335
4. Power to order release of person restrained 335
5. Signed copy of writ to be filed 335
6. Order for issue of writ, contents of 336
7. Service of writ and notice 336
8. Return to writ of habeas corpus 337
9. Procedure on hearing 337
10. Form of writ 337
Order 58 — Proceedings by originating summons
Division 1 — Introductory
1. Proceedings to be heard in chambers to be commenced by originating summons 338
Division 2 — Administration and trusts
2. Originating summons for relief without administration 338
3. Summons for administration 339
4. Service 339
5. Decision without judgment for administration 340
6. Orders which may be made on application for administration or execution of trusts 340
7. Interference with discretion of trustee etc. 341
8. Conduct of sale of trust property 341
Division 4 — Declaration on originating summons
10. Construction of written instruments 341
11. Construction or validity of statutes etc. 342
12. Discretion of Court 342
13. Application by vendor or purchaser of land 342
Division 5 — General
14. Form and issue of originating summons 343
15. Duration and renewal: Concurrent summons 343
16. Time for appearance 343
17. Entry of appearance 344
18. Where appearance not required 344
18A. Time for service where appearance is not required 345
19. Fixing time for hearing 345
20. Notice of hearing 346
21. Evidence 346
22. Proceeding where a party fails to attend 346
23. Order made ex parte may be set aside 347
24. Costs thrown away by non‑attendance of party 347
25. Further attendance where summons not fully disposed of 347
26. What matters may be included in the same summons 348
27. Directions etc. 348
28. Adjournment of summons 348
29. Further provisions as to powers and procedure 349
30. Directions regarding applications under Transfer of Land Act 1893 s. 129C 349
Order 59 — Applications and proceedings in chambers
1. Business at chambers 351
2. Hearing of proceedings in open court 352
3. Form of applications in chambers 353
4. Form and issue of summons 353
5. Service of summons 354
6. Obtaining assistance of experts 354
7. Application of O. 58 R. 22 to 28 354
8. Summons operating as stay of proceedings 355
9. Parties to confer before making application 355
10. Form of order 355
Order 60 — Masters’ jurisdiction
1. Masters’ general jurisdiction 356
2. Master may refer proceedings to Judge or Court of Appeal357
Order 60A — Jurisdiction of Registrars and appeals from Registrars’ decisions
1. Powers of Registrars 358
2. Powers of Case Management Registrars 359
2A. Applications within Registrar’s jurisdiction to be made to Registrar 359
3. Registrar may refer matters to a higher judicial officer 360
4. Appeals from Registrars 361
5. Appeal procedure 362
6. Powers of Judge or Master on appeal 362
7. This Order not to apply to Court of Appeal Registrar 363
Order 61 — Proceedings under judgments and orders
Division 1 — Application of order
1. Application to proceedings under an order 364
Division 2 — Summons to proceed
2. Summons to proceed and directions 364
3. Notice of judgment to be served on certain persons 365
4. Settling deed if parties differ 366
5. When service of notice of judgment may be dispensed with367
6. Power to bind where service dispensed with 367
7. Procedure where some parties not served 367
8. Course of proceedings in chambers 367
Division 3 — Attendances
9. Classifying interests of parties 368
10. Judge may require distinct solicitor to represent parties 368
11. Attendance of parties not directed to attend 369
12. Order stating parties directed to attend 369
Division 4 — Claims of creditors and other claimants
13. Advertisements may be directed 369
14. By whom prepared and signed 369
15. Form of advertisement 370
15A. Claims to state claimant’s contact details 370
16. Failure to claim within specified time 370
17. Examination and verification of claims 371
18. Adjudication on claims 372
19. Adjournment — further evidence 373
20. Service of notice of judgment on certain claimants 373
21. Notice of claims allowed or disallowed 374
Division 5 — Interest
23. Interest on debts 374
24. Interest on legacies 375
Division 6 — Masters’ and registrars’ certificates
25. Master’s certificate 375
26. Settling and filing of Master’s certificate 376
27. Parties may take opinion of the Judge 376
28. Discharge or variation of Master’s certificate 377
28A. Discharge or variation of Registrar’s certificate 377
Division 7 — Further consideration
29. Summons to have matter further considered 378
Order 62 — Trustees Act 1962 rules
1. Mode of application 379
2. Title of proceedings 379
3. Payment into court under Act s. 99 379
4. Notice of payment in etc. 380
5. Applications in respect of money etc. and notice thereof 380
Order 62A — Mortgage actions
1. Application and definitions 381
2. Claim for possession: non‑appearance by a defendant 382
3. Evidence in support of originating summons for possession or payment 383
4. Action by writ: judgment in default 384
5. Foreclosure in redemption action 385
Order 65 — Appeals to the General Division
Division 1 — Preliminary matters
1. Definitions 386
2. Application of this Order 387
Division 2 — General matters
3. Hearings by telephone 387
4. Judge’s general jurisdiction 388
5. Non‑attendance by party, consequences of 389
6. Decisions made in absence of a party 389
7. Decisions made on the papers 389
Division 3 — Procedure on appeals
8. Nature of appeals 390
9. Time for appealing 390
10. Appeal, how to commence 391
11. Primary court to be notified and to supply records 392
12. Respondent’s options 392
13. Interim order, applying for 393
14. Urgent appeal order, nature of 393
15. Consenting to orders 394
16. Appeal books not needed unless ordered 394
Division 4 — Concluding an appeal
17. Discontinuing an appeal 394
18. Settling an appeal 395
19. Return of exhibits 395
Order 65C — Electoral Act 1907 section 62N rules
1. Definition 398
2. Application of Order 398
3. Application for review 398
4. Title of the notice of review 398
5. Hearing 399
6. Date of hearing 399
7. Review book 400
8. Applicant limited to grounds in notice of originating motion400
9. Right to be heard in opposition 400
10. Additional affidavits, determination of issue etc. 401
11. Order 401
12. Application of Rules of Court 401
Order 66 — Costs
Division 1 — General
1. General rules as to costs 402
2. Costs where several causes of action or several defendants etc. 403
3. Costs of amendment without leave: non‑admission of facts or documents 404
4. Costs out of fund or property 405
5. Liability of solicitor 405
6. Costs of solicitor guardian ad litem 406
7. Set‑off 407
8. Costs of Law Officers 407
8A. Costs where practitioner acts pro bono 407
9. Restriction of discretion to order costs 407
10. Stage at which costs may be dealt with 408
11. Scale of costs 409
13. Costs where scale does not apply 410
14. Lump sum — interim award 410
17. Costs in small claims 411
18. Matters not provided for in the scale 411
19. Allowances on taxation 412
20. Basis for calculation of costs 412
21. Costs where no substantial trial 413
23. Certain fees may be increased in special circumstances 413
24. Costs of solicitor when money recovered by or on behalf of infant etc. 414
Division 2 — Taxation of costs
32. Bills of costs to be taxed 415
33. Indorsements on bill of costs 415
34. When notice of taxation need not be given 416
35. Notice of taxation 416
36. Vouchers to be lodged 416
37. Solicitor delaying taxation 416
38. Appointment to be peremptory 417
39. Taxing Officer may direct bills of costs to be brought in 417
40. Default by party in taxing costs 417
41. Where costs payable out of property notice to clients may be directed 417
42. Form of bills of costs 418
43. Taxing Officer determines questions of fact 418
44. Power of Taxing Officer 418
45. Reference to Court 419
46. Where proceedings adjourned into court 419
47. Costs of interrogatories, discovery 419
48. Costs of motion etc. following event 420
49. Where motion etc. stood over to trial and no order made as to costs 420
50. Costs reserved 420
51. Where Court may fix costs 420
52. Leave to refer to Judge where costs to be apportioned etc.421
Division 3 — Review of taxation
53. Party dissatisfied with taxation may object 421
54. Taxing Officer may review taxation 422
55. Taxation may be reviewed by a Judge 423
56. No further evidence on review except with leave 423
Division 4 — Miscellaneous
57. Taxing Officer’s certificate enforceable as a judgment 423
58. Stay on review 423
59. Power of Taxing Officer where party liable to be paid and to pay costs 424
60. Taxing Officer to assist in settling costs on taking of accounts 424
61. Interim certificate in matters of account 425
Order 67 — Central Office, officers
1. Superintendence of Central Office 426
2. Ministerial acts of Registrar 426
3. Taking of oaths and affidavits 426
4. Seals 426
5. Abuse of process: Reference by Registrar to Judge 426
6. Office copies etc. 427
7. Petition, award etc. to be filed before judgment etc. passed427
8. Indexes 427
9. Date of filing to be marked etc. 428
10. Custody and searches of records 428
11. Inspection 428
12. Deposit of documents 429
13. Restriction on removal of documents 429
14. Deposit for officer’s expenses 430
15. Admissions, awards etc. to be filed 430
16. New forms 430
17. Application of certain rules to accounts etc. taken by Registrar 430
18. Reference in judgment to Registrar 431
19. Some documents may be filed by fax 431
20. Some documents may be filed using the Court’s website 432
Order 68 — Sittings, vacations and office hours
1. Civil sittings 435
2. Criminal sittings 435
3. Vacations 435
4. Days included in sitting and vacation 436
5. Offices — days on which open 436
6. Office hours 436
7. Vacation Judge 436
Order 69 — Paper, printing, notice, and copies
1. Regulations as to printing and photography 437
2. Requirements as to documents 437
3. Direction of Court as to cost of printing, shorthand, recording439
4. Copies of documents for the other parties 440
5. Requirements as to copies 440
6. Copies of affidavits on certain ex parte applications 440
Order 70 — Disability
1. Definitions 442
2. Persons under disability suing or defending 442
3. Appointment of next friend or guardian ad litem 443
4. Probate actions, special provisions for 445
5. Where person under disability does not appear 447
6. Discharge or variation of certain orders 449
7. Removal of next friend or guardian 449
8. No implied admission from pleading 449
9. Discovery and interrogatories 449
10. Compromise of action by person under disability 450
10A. Compromise of appeal by person under disability 450
11. Compromise before action 450
12. Control of money recovered 451
13. Personal service on person under disability 452
Order 71 — Partners, business names
1. Partners may sue or be sued in the firm name 454
2. Disclosure of partners’ names 454
3. Service 455
4. Notice of capacity in which person is served 455
5. Appearance of partners 455
6. No appearance except by partners 456
7. Appearance under protest of person served as a partner 456
9. Rules 1 to 7 apply also to some actions between a firm and its members etc. 457
11. Proceedings begun by originating summons 457
12. Application to person using a business name 457
13. Charge on partner’s interest in partnership 457
Order 71A — Contact details of parties and others
1. Addresses of places, requirements for 459
2. Geographical addresses 459
3. Service details 460
4. Documents without contact details to be rejected 462
5. Changes of information to be notified 462
6. Fictitious details in documents, court powers as to 463
Order 72 — Service of documents
1. When personal service required 464
2. Personal service — how effected 464
3. Personal service on body corporate 464
3A. Personal service on the State 464
4. Substituted service 465
5. Ordinary service, how effected 465
5A. Ordinary service, when effected 467
6. Service of documents by the Court 468
6A. Serving documents by email 468
7. Affidavit of service 469
8. No service required in certain cases 469
Order 73 — Probate proceedings
1. Application and definitions 470
2. Issue of writ 470
3. Service out of the jurisdiction 471
4. Intervention 471
5. Citation to see proceedings 471
6. Person cited failing to appear 472
7. Entry of appearance 472
8. Citation to bring in grant 472
9. Citations 472
10. Service of citations 473
11. Affidavit of scripts 473
12. Where script in pencil 474
13. Default of appearance 474
14. Counterclaim 475
15. Party may give notice that he only requires proof in solemn form 475
16. Pleadings 476
17. Default of pleadings 476
18. Discontinuance 476
19. Compromise 477
20. Orders etc. to bring in testamentary papers 477
21. Applications to the Court 478
22. Administration pending litigation 478
Order 75 — Inheritance (Family and Dependants Provision) Act 1972 rules
1. Definitions 480
2. Mode of application 480
3. Copy of summons to be placed on probate file 480
5. Court may make inquiries etc. 481
6. Parties may be added 482
7. Representative defendant 482
8. Probate etc. to be lodged at Registry 482
9. Appearance to originating summons for extension of time not required 482
Order 75A — Legal Practice Act 2003 rules
1. Definitions 484
2. Application to the Supreme Court (full bench) 484
3. Applicant to attend office of superior court referred to in Act s. 30(2) 484
4. Entry on Roll of Practitioners 485
Order 76 — Public Notaries Act 1979 rules
1. Definitions 486
1A. Districts prescribed for the Act 486
2. Application for certificate of fitness 488
3. Notice of intention to apply (Act s. 9) 489
4. Application to Supreme Court (full bench) 490
5. Form of certificates 490
6. Applications to suspend or strike off Public Notaries 491
7. Fees payable on application for appointment 491
Order 80 — Escheat (Procedure) Act 1940 rules
1. Definition 492
2. Mode of application 492
3. Notice 492
4. Evidence: Judge may direct inquiry 492
5. Affidavit verifying claim to be filed 493
6. Judge may order issue to be tried 493
7. Form of Order 493
8. Costs 493
Order 80A — Royal Commission (Custody of Records) Act 1992 rules
1. Definitions 494
2. Applications to register 494
3. Form of order 495
Order 81B — Service and Execution of Process Act 1992 (Commonwealth) rules
1. Application and definitions 496
2. Enforcement of judgments under Act s. 105 496
3. Interest under Act s. 108 497
4. Appeals under the Act 497
Order 81C — Road Traffic Act 1974 rules
1. Definitions 498
2. Applications under RTA s. 76 and 78, how to be made 498
3. Registrar’s functions when application is made 499
4. Applicant to serve application etc. 499
5. Hearing of application, appearance at 500
6. Hearing of application, procedure on 500
7. Result of hearing, Director General to be notified 501
Order 81D — Commercial Arbitration Act 1985 rules
1. Definitions 502
1A. Application 502
2. Title of proceedings 502
2A. Appeals under Act s. 38(2) and applications for leave to appeal 503
3. Matters for a Judge in Court 504
4. Time for applications to determine preliminary points of law505
5. Time for other applications and for appeals 505
6. Interlocutory orders 506
7. Subpoenas 506
8. Orders for examination of witnesses 506
9. Custody of records and exhibits 506
11. Enforcement of arbitration awards 507
12. Payment into and out of court 508
13. Acceptance of money paid into court 508
14. Money remaining in court 509
15. Non‑disclosure of payment into court 509
16. Taxation of costs 509
Order 81E — Cross‑vesting
1. Definitions 511
2. Application of this Order 511
3. Commencement of proceedings 511
4. Special federal matters 512
6. Directions 512
7. Transfer of proceedings 513
8. Applications to be dealt with by a Judge 513
9. Transfer on Attorney General’s application 514
10. Transfer to Court when no proceeding pending 514
11. Conduct of proceedings 514
Order 81F — Proceeds of Crime Act 2002 (Commonwealth) rules
1. Definitions 516
2. Applications under the Act, making of 516
3. Service on the DPP (Cwlth) in Perth 518
4. DPP to file grounds for contesting application 518
5. Summons for directions 518
6. Court may give directions at any time 519
7. Representative respondent 519
8. Evidence on applications 520
9. Court may order separate hearing 520
Order 81FA — Criminal Property Confiscation Act 2000 rules
Part 1 — Preliminary
1. Definitions 521
Part 2 — Proceedings under the Confiscation Act 2000
2. Applications for confiscation declarations 522
3. Applications for other declarations or orders 523
4. Affidavit in support of an application 524
5. Objections to confiscation of property 524
6. Service on DPP 524
7. Directions 525
8. Conference not required 525
9. Representative defendant 525
Part 3 — Registration of freezing notices and interstate orders
10. Registration of freezing notices 526
11. Registration of interstate orders 526
Order 81G — Criminal and Found Property Disposal Act 2006 rules
1. Terms used in this Order 528
2. General matters 528
3. Claims, making 529
4. Defendant may file memorandum of appearance 529
5. Defendant may file affidavit in response 530
6. Applications in the course of proceedings on a claim 530
7. Hearing a claim 530
8. Costs 531
Order 81H — Surveillance Devices Act 1998 rules
1. Definition 532
2. Application for warrant 532
3. Reports to Judges 532
4. Application for order allowing publication or communication in the public interest 532
5. Identification of persons in documents 533
6. Practice Directions 533
Order 82 — Sheriff’s Rules
7. Service of process by sheriff 534
9. Taxation of fees 534
11. Deposit on account of fees 535
14. Service at a distance 535
16. Default in payment of fees 535
Order 83 — Consolidation of pending causes and matters
1. Causes may be consolidated 537
2. Consolidation with action removed from another court 537
3. Directions 537
Order 84 — General Rules
1. Repealed Orders not revived 538
2. Cases not provided for 538
3. Publication of written reasons for judgment 538
4. Seal and records in Federal Jurisdiction in Bankruptcy 538
5. Summary proceedings under Public Trustee Act 1941 s. 27539
6. Affidavit of claim to purchase money paid into court 539
7. Account by solicitor 540
8. Interest and apportionment, certification of 540
9. Proceedings under Admiralty Act 1988 (Commonwealth)540
Order 85 — Federal Courts (State Jurisdiction) Act 1999 rules
1. Definitions 542
2. Title of proceedings 542
3. When ineffective judgment to be registered 542
4. Application for registration 543
5. Ineffective judgments may be registered 544
6. Applications for an order under Act s. 10 544
7. Applications under Act s. 11 545
8. Effect of order under Act s. 11 545
The Second Schedule — Forms
6. Memorandum of appearance (O. 12 r. 2(2)) 560
22. Subpoena (O. 36B r. 3(1)) 568
83. Appeal notice (O. 65 r. 10) 609
84. Service certificate (O. 65 r. 10(7)) 610
85. Notice of respondent’s intention (O. 65 r. 12) 611
86. Application in an appeal (O. 65 r. 13) 612
87. Consent notice (O. 65 r. 15 & 18) 612
88. Request for hearing (O. 65 r. 7) 613
89. Discontinuance notice (O. 65 r. 17) 613
101. Application for extraordinary licence (O. 81C r. 2(1)) 619
102. Application by holder to vary extraordinary licence (O. 81C r. 2(2)) 620
103. Application by Director General to vary extraordinary licence (O. 81C r. 2(3)) 621
104. Application for removal of disqualification (O. 81C r. 2(4))622
108. Criminal and Found Property Disposal Act 2006, claim under (O. 81G r. 3) 624
The Third Schedule — Payment into and out of Court
Notes
Compilation table 628
Defined Terms
Western Australia
Supreme Court Act 1935
Rules of the Supreme Court 1971
Order 1
[Heading inserted in Gazette 26 Mar 1993 p. 1840.]
1. Short title
These Rules may be cited as the Rules of the Supreme Court 1971 1.
2. Commencement and saving
(1) These Rules shall take effect on 14 February 1972.
[(2) repealed]
(3) A proceeding pending, and a judgment, decree or order given or made before the commencement of these Rules, being of a kind to which these Rules apply, shall be treated as if pending, given or made under these Rules, and may be proceeded with, enforced, varied, reversed or otherwise dealt with accordingly, subject to any special order or direction made or given by the Court in any particular case.
[Rule 2 amended in Gazette 21 Feb 2007 p. 533; 22 Feb 2008 p. 634.]
3. Certain proceedings excluded
(1) Subject to the provisions of this Order, these Rules shall have effect in relation to all proceedings in the Supreme Court.
(2) These Rules shall not have effect in relation to proceedings of the kinds specified in the first column of the following Table (being proceedings in respect of which rules may be made under the enactments specified in the 2nd column of that Table) —
Table
|
Proceedings |
Enactments |
|
[1. deleted] |
|
|
2. Non‑contentious or common form probate business. |
Administration Act 1903, s. 144. Supreme Court Act 1935, s. 167. Public Trustee Act 1941, s. 65. |
|
[3. deleted] |
|
|
4. Proceedings in the Court of Disputed Returns to which The Electoral Rules of 1908 apply. |
Electoral Act 1907, s. 173. |
(3) These Rules, save as expressly provided, shall not apply to —
(a) any criminal proceedings;
[(b) deleted]
(c) matters of practice or procedure or other matters to which rules of Court made pursuant to a power conferred by any Act of the Commonwealth, apply.
(4) In the case of proceedings mentioned in paragraphs (2) and (3), nothing in those paragraphs shall be taken as affecting any provision of any rules (whether made under the Act or any other Act) by virtue of which the Rules of the Supreme Court or any provisions thereof are applied in relation to any of those proceedings.
[Rule 3 amended in Gazette 10 Sep 1973 p. 3428; 28 Jun 1994 p. 3049; 8 May 2000 p. 2161; 29 Dec 2000 p. 7918; 27 Jul 2001 p. 3895; 21 Feb 2007 p. 533.]
3A. Inherent powers not affected
The inherent power of the Court to control the conduct of a proceeding is not affected by these Rules.
[Rule 3A inserted in Gazette 28 Oct 1996 p. 5673.]
4. Definitions
(1) In these Rules, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, namely —
Accountant means the chief finance officer, designated under the Financial Management Act 2006 section 57, of the department of the Public Service principally assisting in the administration of the Act;
Australian diplomatic or consular agent includes a person appointed to hold or act in any of the following offices (being an office of the Commonwealth) in a country or place outside Australia —
(a) ambassador;
(b) high commissioner;
(c) minister;
(d) head of mission;
(e) commissioner;
(f) chargé d’affaires;
(g) counsellor, secretary or attaché at an embassy, high commissioner’s office, legation or other post;
(h) consul‑general;
(i) consul;
(j) vice‑consul;
(k) trade commissioner; and
(l) consular agent;
Case Management Registrar means a Registrar appointed as such by the Chief Justice;
Cause Book means the book kept in the Central Office in which the number of and other details relating to a cause or matter are recorded;
Central Office means the central office of the Supreme Court at Perth;
Consular agent means a consul‑general, consul, vice‑consul, pro‑consul or consular agent, or acting consul‑general, acting consul, acting vice‑consul, acting pro‑consul, or acting consular agent;
Costs includes fees to counsel, charges, disbursements, expenses and remuneration;
Diplomatic agent means an ambassador, envoy, minister, chargé d’affaires, or secretary of an embassy or a legation;
Folio means 72 words, each figure being counted as one word;
geographical address of a person, has the meaning given by Order 71A rule 2;
Master means a Master of the Supreme Court, and includes an Acting Master;
Officer means an officer of the Supreme Court;
Originating summons means every summons other than a summons in a pending cause or matter;
Practitioner has the same meaning as in the Legal Practice Act 2003;
Probate action has the meaning assigned to it by Order 73;
Proper officer shall mean an officer to be ascertained as follows:
(a) where any duty to be discharged under any Act or these Rules is a duty which has heretofore been discharged by any officer, such officer shall unless otherwise provided by these Rules continue to be the proper officer to discharge the same;
(b) where under any Act or these Rules any new duty is to be discharged, the proper officer to discharge the same shall be the officer directed by these Rules, or if no such officer, such other officer as may from time to time be directed by the Chief Justice to discharge the same;
(c) when any doubt arises as to who is the proper officer to discharge any duty the Chief Justice may direct by what officer such duty is to be discharged;
Receiver includes a manager or consignee;
Registrar means a person for the time being holding or acting in an office designated under the Supreme Court Act 1935, “Registrar of the Supreme Court”, and a reference to the Registrar or to a Registrar may include a reference to the Principal Registrar or a deputy Registrar;
Rules, these Rules or rules of Court means these Rules, and includes —
(a) any forms, fees and costs referred to in these Rules; and
(b) any other rules of Court, forms, fees and costs made or prescribed in amendment of, or in addition to, these Rules;
service details of a person, has the meaning given by Order 71A rule 3;
Taxing Officer includes a Registrar, and any other officer of the Court having power to tax costs;
The Act means the Supreme Court Act 1935;
to file means to file in the Central Office, and file, filed and filing have corresponding meanings;
Trial includes hearing;
Writ means a writ of summons.
(2) In these Rules, unless the context otherwise requires, the Court means the Supreme Court or any one or more Judges thereof, whether sitting in court or in chambers, or a Master: but this provision shall not be taken as affecting any provision of these Rules, and in particular Order 60, by virtue of which the authority and jurisdiction of the Masters is defined and regulated.
[Rule 4 amended in Gazette 14 Dec 1979 p. 3869; 30 Nov 1984 p. 3951‑2; 28 Oct 1996 p. 5674; 19 Apr 2005 p. 1298; 21 Feb 2007 p. 533‑4.]
4A. Elimination of delays
The practice, procedure and interlocutory processes of the Court shall have as their goal the elimination of any lapse of time from the date of initiation of proceedings to their final determination beyond that reasonably required for interlocutory activities essential to the fair and just determination of the issues bona fide in contention between the parties and the preparation of the case for trial.
[Rule 4A inserted in Gazette 26 Mar 1993 p. 1840.]
4B. System of case flow management
(1) Actions, causes and matters in the Court will, to the extent that the resources of the Court permit, be managed and supervised in accordance with a system of positive case flow management with the objects of —
(a) promoting the just determination of litigation;
(b) disposing efficiently of the business of the Court;
(c) maximising the efficient use of available judicial and administrative resources; and
(d) facilitating the timely disposal of business at a cost affordable by parties.
(2) These Rules are to be construed and applied and the processes and procedures of the Court conducted so as best to ensure the attainment of the objects referred to in paragraph (1).
[Rule 4B inserted in Gazette 26 Mar 1993 p. 1840‑1.]
4C. Parties to notify settlement
When any cause or matter is disposed of in whole or in part by settlement the solicitors for the parties to the settlement shall notify the Registrar in writing forthwith.
[Rule 4C inserted in Gazette 26 Mar 1993 p. 1841.]
5. Construction of references to Orders, Rules etc.
(1) Unless the context otherwise requires, any reference in these Rules to a specified Order, Rule or Schedule is a reference to that Order or rule of, or that Schedule to these Rules, and any reference to a specified Rule, paragraph or subparagraph is a reference to that Rule of the Order, that paragraph of the rule or that subparagraph of the paragraph, in which the reference occurs.
(2) Any reference in these Rules to anything done under a rule or these Rules includes a reference to the same thing done before the commencement of that rule under any corresponding rule of court ceasing to have effect on the commencement of that rule.
(3) Except where the context otherwise requires any reference in these Rules to any Act shall be construed as a reference to that Act as amended, extended or applied by or under any other Act.
6. Forms
(1) The forms in the Second Schedule shall be used where applicable with such variations as the circumstances of the particular case require, and the reference to any form in or at the end of any Rule shall be read as referring to the appropriate Form in the Second Schedule to these Rules, and as a direction to use that Form for the purpose indicated by the Rule.
[(2) repealed]
[Rule 6 amended in Gazette 30 Nov 1984 p. 3952; 22 Feb 2008 p. 634.]
[7. Repealed in Gazette 21 Feb 2007 p. 534.]
Order 2
1. Non‑compliance with Rules
(1) Where in beginning or purporting to begin any proceedings or at any stage in the course of or in connection with any proceedings, there has, by reason of anything done or left undone, been a failure to comply with the requirements of these Rules, whether in respect of time, place, manner, form or content or in any other respect, the failure shall be treated as an irregularity and shall not nullify the proceedings, any step taken in the proceedings, or any document, judgment or order therein.
(2) Subject to paragraph (3) the Court may, on the ground that there has been such a failure as is mentioned in paragraph (1), and on such terms as to costs or otherwise as it thinks just, set aside either wholly or in part the proceedings in which the failure occurred, any step taken in those proceedings, or any document, judgment or order therein or exercise its powers under these Rules to allow such amendments (if any) to be made and to make such order (if any) dealing with the proceedings generally as it thinks fit.
(3) The Court shall not wholly set aside any proceedings or the writ or other originating process by which they were begun on the ground that the proceedings were required by any of these Rules to be begun by an originating process other than the one employed.
2. Application to set aside for irregularity
(1) An application to set aside for irregularity any proceedings, any step taken in any proceedings or any document, judgment or order therein shall not be allowed unless it is made within a reasonable time and before the party applying has taken any fresh step after becoming aware of the irregularity.
(2) An application under this Rule shall be made by summons or motion, as the case may require, and the grounds of objection must be stated in the summons or notice of motion.
1. “Month” means calendar month
Without prejudice to the definition of the word “month” in section 5 of the Interpretation Act 1984, in its application to these Rules, the word month where it occurs in any judgment, order, direction or other document forming part of any proceedings in the Supreme Court, means a calendar month unless the context otherwise requires.
[Rule 1 amended in Gazette 29 Apr 2005 p. 1791.]
2. Reckoning periods of time
(1) Where clear days are prescribed by these Rules or fixed by any judgment, order or direction, the time shall be reckoned exclusively of the first and last day. Where any number of days not expressed to be clear days is prescribed or fixed the time shall be reckoned exclusively of the first and inclusively of the last day.
(2) Where less than 7 days is prescribed by these Rules or limited by any judgment, order or direction for doing any act any day on which the Central Office is closed for business shall not be reckoned.
3. Period between 24 December and 15 January excluded from time for filing etc. of pleading
In the computation of the time prescribed by these Rules or by an order or direction for filing, serving or amending any pleading or for filing and serving any notice of appeal the period or any part of the period which is between 24 December and 15 January next following shall not be reckoned unless the Court orders.
[Rule 3 amended in Gazette 9 Nov 1973 p. 4164.]
4. Time expires on day on which Central Office closed
Where the time prescribed by these Rules or by any judgment, order or direction for doing any act expires on a day on which the Central Office is closed, and by reason thereof such act cannot be done on that day, the time shall be extended to the day on which the Central Office shall next be open.
5. Extension etc. of time
(1) The Court may, on such terms as it thinks just, by order extend or abridge the period within which a person is required or authorised by these Rules, or by any judgment, order, or direction, to do any act in any proceedings.
(2) The Court may extend any such period as is referred to in paragraph (1) although the application for extension is not made until after the expiration of that period.
(3) The period within which a person is required by these Rules, or by any order or direction, to serve, file or amend any pleading or other document may be extended by consent (given in writing) without an order of the Court being made for that purpose.
[Rule 5 amended in Gazette 29 Apr 2005 p. 1791.]
6. Extension where security ordered
Where any security is ordered to be given by a party the time prescribed by these Rules or fixed by any order for the taking of any step by another party contingent on due compliance with the order for security, shall be deemed to be extended by the period between service of the order for security, and the giving of security.
7. Notice of intention to proceed after year’s delay