Western Australia
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, repeal and saving 2
3. Certain proceedings excluded 2
3A. Inherent powers not affected 3
4. Definitions 4
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
7. Electronic documents and communications 8
Order 2 — Effect of non‑compliance
1. Non‑compliance with Rules 10
2. Application to set aside for irregularity 10
Order 3 — Time
1. “Month” means calendar month 12
2. Reckoning periods of time 12
3. Period between 24 December and 15 January excluded from time for filing, etc., of pleading12
4. Time expires on day on which Central Office closed 13
5. Extension, etc., of time 13
6. Extension where security ordered 13
7. Notice of intention to proceed after year’s delay 13
Order 4 — Mode of commencing proceedings: applications in pending proceedings
1. Commencement of civil proceedings 15
2. Applications in pending proceedings 15
3. Right to sue in person 15
Order 5 — Writs of summons
1. Form of writ 16
2. Writs for service out of the State 16
3. Place of trial to be shown 16
4. Place of issue 16
5. Preparation of writ 16
6. Sealing of writ 16
7. Copy to be left with officer 16
8. Copy to be filed 17
9. Writs for service out of the State 17
10. All writs to be tested 17
11. Time for appearance to be stated in writ 17
Order 6 — Indorsement of claim: other indorsements
1. Indorsement of claim 19
2. Actions for libel 19
3. Indorsement of statement of claim 19
4. Notice as to stay of proceedings 19
5. Representative character 20
6. Indorsement of claim for account 20
7. Address where plaintiff sues by solicitor 20
8. Where plaintiff sues in person 21
9. Proceedings other than by writ 21
10. Document not to be filed without address for service 21
11. Address indorsed to be address for service until change notified 21
Order 7 — Duration and renewal of writ: concurrent writs
1. Duration and renewal of writ 22
2. Evidence of extension of validity of writ 22
3. Concurrent writs 23
4. Unserved writs may be struck out 23
Order 8 — Disclosure by solicitors: change of solicitors
1. Solicitor to declare whether writ issued by his authority 25
2. Change of solicitor 25
3. Notice of change of agent 26
4. Notice of appointment of solicitor 26
5. Notice of intention to act in person 26
6. Removal of solicitor from the record 26
7. Withdrawal of a solicitor who has ceased to act for a party27
8. Effect of order 28
9. Address for service of party whose solicitor is removed 28
10. “Address for service” 29
11. Solicitor not to act for adverse parties 29
12. Practitioner or clerk not to be security 29
Order 9 — Service of originating process: general provisions
1. General provisions 30
2. Service of writ on agent of oversea principal 30
3. Service of writ in pursuance of contract 31
4. Service of writ in certain actions for possession of land 32
5. Service of originating summons, petition and notice of motion32
Order 10 — Service out of the jurisdiction
1A. Application 33
1. When service out of jurisdiction is permissible 33
2. Service out of the jurisdiction in certain actions in contract 35
3. Notice of writ 35
4. Application for leave 36
5. Time for appearance 36
6. Service of notice 36
7. Service of originating summons and other documents 36
8. Saving of existing practice 37
9. Service abroad through foreign governments, judicial authorities, and consuls 37
10. Service abroad: general and saving provisions 39
11. Undertaking to pay expenses of service 40
Order 11 — Service of foreign process
1A. Application 41
1. Definitions 41
2. Service of foreign legal process 41
3. Service under Convention 42
4. Service to be through sheriff 43
5. Consequential orders 43
Order 11A — Service of foreign judicial process originating in a country that is a party to the Hague Convention
1. Definitions 44
2. Application 45
3. Request for service and accompanying documents 46
4. Service 46
5. Affidavit of service 47
6. Certificate of service 48
7. Application of Rules generally 48
Order 11B — Service of judicial process in a country that is a party to the Hague Convention
1. Definitions 49
2. Application 49
3. Records 50
4. Documents required to be filed 50
5. Procedure on filing application requesting service etc. 53
6. Procedure on receipt of certificate in respect of service 53
7. Payment of costs 54
8. Evidence of service 54
9. Application of Rules generally 55
Order 11C — Judgments in default of appearance where originating process is transmitted for service under the Hague Convention
1. Definitions 56
2. Application 56
3. Power to enter judgment in default of appearance where a certificate of service has been filed57
4. Filing of certificate of service deemed to be compliance with certain other Rules 57
5. Power to enter judgment in default of appearance where a certificate of service has not been filed58
6. Interlocutory Orders 58
7. Setting aside a judgment in default of appearance 58
8. Application of Rules generally 59
Order 12 — Appearance
1. Mode of entering appearance 60
2. Memorandum of appearance 60
3. Procedure on receipt of requisite documents 61
4. Notice of appearance 62
5. Late appearance 62
6. Conditional appearance 62
7. Setting aside service before appearance 63
8. Person not named may defend for land 63
9. Person appearing to be named as defendant 63
10. Limited defence and notice thereof 63
Order 13 — Default of appearance to writ
1. Affidavit of service 64
2. Claim for liquidated demand 64
3. Where liquidated demand judgment against several defendants 64
4. Claim in detinue 65
5. Claim for possession of land 65
6. Mixed claims 66
7. Claims for damages 66
8. Other cases 67
9. Reference to Court in case of doubt 67
10. Setting aside judgment 68
Order 14 — Summary judgment
1. Plaintiff’s application for summary judgment 69
2. Application to be by summons 69
3. Judgment may be given for plaintiff 70
4. Leave to defend 70
6. Summary judgment on counterclaim 71
7. Directions 71
8. Costs 72
9. Right to proceed with residue of action or counterclaim 72
10. Judgment for delivery of specific chattel 72
11. Relief from forfeiture 73
12. Setting aside judgment 73
Order 16 — Summary judgment on application of defendant
1. Defendant may apply for summary judgment 74
2. Plaintiff may show cause 74
3. Directions 75
4. Judgment may be set aside or varied 75
Order 17 — Interpleader
1. Relief by way of interpleader 76
2. Mode of application 76
3. Time for application by defendant 77
4. Stay of proceedings 77
5. Order on summons 77
6. Summary determination 77
7. Where question of law only 78
8. Claimant failing to appear etc. 78
9. Power to order sale of goods 78
10. Discovery, etc. and trial 78
11. One order where several causes pending 78
12. Claim etc. to goods taken in execution 79
13. Withdrawal by sheriff 79
14. Application by the sheriff 79
15. Other powers of the Court 80
Order 18 — Causes of action, counterclaims and parties
1. Joinder of causes of action 81
2. Counterclaim against plaintiff 81
3. Counterclaim against additional parties 82
4. Joinder of parties 83
5. Court may order separate trials, etc. 84
6. Misjoinder and nonjoinder of parties 84
7. Change of parties by reason of death, etc. 85
8. Provisions consequential on making of order under Rule 6 or 7 86
9. Failure to proceed after death of party 88
10. Actions for possession of land 88
11. Relator actions 89
12. Representative proceedings 89
13. Representation of interested persons who cannot be ascertained, etc. 90
14. Representation of beneficiaries by trustees, etc. 92
15. Representation of deceased person interested in proceedings92
16. Declaratory judgment 93
17. Conduct of proceedings 93
Order 19 — Third party and similar proceedings
1. Third party notice 94
2. Application for leave to issue third party notice 95
3. Issue and service of, and entry of appearance to, third party notice 95
4. Third party directions 96
5. Default of third party, etc. 97
6. Setting aside third party proceedings 98
7. Judgment between defendant and third party 98
8. Claims and issues between a defendant and some other party 98
9. Claims by third and subsequent parties 99
10. Offer of contribution 100
11. Counterclaim by defendant 100
12. Costs 100
Order 20 — Pleadings
1. Service of Statement of Claim 101
2. Statement of Claim 101
3. Pleadings, etc., to be filed before service 101
4. Service of defence 102
5. Service of reply and defence to counterclaim 102
6. Pleadings subsequent to reply 103
7. Pleadings: formal requirements 103
8. Facts, not evidence, to be pleaded 104
9. Matters which must be specifically pleaded 104
10. Matter may be pleaded whenever arising 105
11. Departure 106
12. Points of law may be pleaded 106
13. Particulars of pleading 106
13A. Particulars in defamation actions 107
14. Admissions and denials 108
15. Denial by joinder of issue 109
16. Defence of tender 109
17. Defence of set‑off 110
18. Counterclaim and defence to counterclaim 110
19. Striking out pleadings and indorsements 110
20. Close of pleadings 111
21. Trial without pleadings 112
22. Preparation of issues 113
23. Preliminary Act — collision between vessels 113
24. Failure to lodge Preliminary Act 115
Order 21 — Amendment
1. Amendment of writ without leave 116
2. Amendment of appearance 116
3. Amendment of pleadings without leave 116
4. Application for disallowance of amendment made without leave 117
5. Amendment of writ or pleading with leave 118
6. Amendment of other originating process 119
7. Amendment of other documents 119
8. Failure to amend after order 119
9. Mode of amendment 120
10. Amendment of judgments and orders 121
Order 22 — Default of pleadings
1. Default in service of statement of claim 122
2. Default of defence: claim for liquidated demand 122
3. Claim for unliquidated damages 122
4. Claim in detinue 123
5. Claim for possession of land 123
6. Mixed claims 124
7. Other claims 124
8. Default of defence to counterclaim 125
9. Reference to Court 125
10. Setting aside judgment 125
Order 23 — Discontinuance
1. Withdrawal of appearance 126
2. Plaintiff may discontinue: defence may be withdrawn 126
3. Costs 126
4. Subsequent action stayed pending payment 127
5. Withdrawal of summons 127
Order 24 — Payment into court — offers to consent to judgment
9. In certain cases no payment out without order 128
11. Amounts under $7 500 may be paid without administration128
12. Regulations 129
Order 24A — Offer of compromise
1. Mode of making offer 130
2. Application 130
3. Time for making or accepting offer 130
4. Time for payment 131
5. Withdrawal of acceptance 132
6. Offer without prejudice 132
7. Disclosure of offer to Court 132
8. Failure to comply with accepted offer 133
9. Multiple defendants 133
10. Costs 134
Order 25 — Security for costs
1. Security generally 137
2. Grounds for ordering 137
3. Court has a discretion 138
4. Definition 138
5. Manner of giving security 138
6. Action may be stayed 138
7. Payment out 139
8. Saving 139
Order 26 — Discovery and inspection
1A. Interpretation 140
1. Discovery without order 140
2. Continuing obligation to give discovery 141
3. Determination of issue before discovery 142
4. Form of list and affidavit — by whom made 142
5. Defendant entitled to copy of co‑defendant’s list 143
6. Order for discovery of particular documents 143
7. Orders as to discovery 144
8. Inspection of documents in list 145
8A. Procedure on discovery 146
9. Order for inspection of documents 147
10. Order for production to the Court 148
11. Production only if necessary 148
11A. Costs of preparation of document to facilitate inspection 148
12. Claim of privilege 148
13. Production of business books 149
14. Where disclosure against public interest 149
15. Non‑compliance with requirements for discovery, etc. 149
15A. Certificate by solicitor 150
16. Revocation and variation of orders 150
Order 26A — Discovery etc. from non‑parties and potential parties
1. Interpretation 152
2. Public interest immunity not affected 152
3. Discovery etc. to identify a potential party 152
4. Discovery from a potential party 153
5. Discovery from a non‑party 154
6. Order 26 applies to discovery ordered under this Order 154
7. Costs 155
Order 27 — Interrogatories
1. Discovery by interrogatories 156
2. Answers 156
3. Note as to party required to answer 156
4. Statement in answer 157
5. Grounds for objection 157
6. Statements, etc. — by whom made 157
7. Order for answers or further answers 158
8. Non‑compliance with order 158
9. Use of answers in evidence 159
10. Revocation and variation of orders 159
Order 28 — Medical examination: Inspection of physical objects
1. Medical examination of parties 160
2. Inspection of physical objects 161
Order 29 — Case flow management powers of the Court
1. Interpretation 162
2. Court may review any case 162
3. Mediation conferences 165
3A. Application of Rules 4 and 4A 166
4. Compliance with standard times 166
4A. Failure to comply with standard times deemed in certain circumstances 168
5. Summons for directions 169
6. Directions hearings 169
Order 29A — Case management
Part 1 — Preliminary
1. Application 171
2. Interpretation 171
3. Case management directions 172
4. Enforcement orders 174
5. Inconsistencies with other Rules 175
Part 2 — Case management conferences
6. Status conference 175
7. Case evaluation conference 176
8. Listing conference 178
Part 3 — General
9. Other parties to be served within 24 hours 179
10. Who is to attend conferences 179
11. Mediation conferences 179
12. Applications at case management conferences 180
13. Judges and Masters may amend or cancel directions 181
14. Non‑compliance with case management direction: duty to notify etc. 181
15. Cases that are struck out etc. 182
Order 30 — Admissions
1. Admission of other party’s case 183
2. Notice to admit facts 183
3. Judgment on admissions 183
4. Admission and production of documents 184
5. Notice to admit documents 184
Order 31 — Special cases and stated cases
1. Questions of law 186
2. Preliminary question of law 186
3. Preparation of case 186
4. Person under disability — leave to set down 187
5. Entry of special case for argument 187
6. Agreement as to payment of money and costs 187
7. Reference of case to Court of Appeal: (see s. 58(1)(d)) 188
8. Cases stated outside the Court 188
Order 31A — Expedited List
1. Interpretation 190
2. Entry into Expedited List 190
3. Heading of documents 191
4. Timetable 191
5. Directions 192
6. Amendment to pleadings 193
7. Adjournments 194
8. Interrogatories 195
9. Plan, photograph or model 195
10. Mediation 196
11. Referees 197
12. Entry for trial 198
13. Removal from the Expedited List 198
14. Inconsistencies with other Rules 199
Order 32 — Place and mode of trial
1. Place of Trial 200
2. Application for trial by jury 200
3. Usual mode of trial 200
4. Time of trial of questions or issues 200
5. Issues may be tried differently 200
6. Trial with jury by a single Judge 201
7. Disposal of action 201
8. Trial by jury, precepts for etc. 201
Order 33 — Entry for trial
1. Time for entering action 202
2. When plaintiff in default, other party may act 202
3. Notice of entry 202
4. Form of entry for trial 203
5. Time to elapse before hearing 203
6. Entry for Perth 203
7. Entry for Circuit Court 203
8. Certificate of readiness for trial required 203
8A. Affidavit of service of notice of entry for trial 204
8B. Application for adjournment to Judge in charge of Civil List204
9. Application to countermand entry 205
10. After entry no interlocutory applications without leave 205
11. No withdrawal from list after date fixed except by leave 206
12. Fixing dates of trial 206
13. Re‑listing for further consideration 207
14. Papers for the Judge 207
Order 34 — Proceedings at trial
1. Failure of both parties to appear 209
2. Non‑appearance of either party 209
3. Setting aside judgment given in absence of party 209
4. Adjournment of trial 209
5. Conduct of the trial 209
5A. Time etc. limits at trial 210
6. Evidence in mitigation of damages in libel or slander 211
7. Inspection by Judge or jury 211
8. Judgment at or after trial 211
9. Record of proceedings 212
10. Where time occupied by trial excessive 212
11. Entry of findings of fact on trial 212
12. Certificate for entry of judgment 212
13. Exhibits 213
14. Custody of exhibits after trial 213
15. Duty of parties to uplift exhibits 213
15A. Return of document or object to the person who produces the document or object 214
15B. Return of exhibit to the person who produces the exhibit 214
16. Death of party before judgment is given 215
17. Impounded documents 215
18. Assessment of damages by a Master 215
19. Damages to time of assessment 216
20. Writ of inquiry not to be used 216
Order 35 — Assessors and Referees
1. Trial with assessors 217
2. Trial before a Referee 217
3. Evidence before Referee 217
4. Authority of Referee 217
5. No power to imprison 217
6. Referee may submit question to the Court 218
7. Notice of report 218
8. Adoption, etc. of report where further consideration adjourned 218
9. Application to adopt or vary report 218
10. Costs 219
11. Application of this Order to other references 219
Order 36 — Evidence: General
1. General rule — oral examination 220
2. Evidence by affidavit 220
3. Evidence of children and other witnesses 220
4. Reception of plans, etc. in evidence 221
5. Orders may be revoked 221
6. Trials of issues, references, etc. 221
7. Depositions as evidence 221
8. Court documents admissible in evidence 222
9. Evidence at trial may be used in subsequent proceedings 222
10. Evidence in another cause 222
11. Production of documents 223
12. Writ of subpoena: form and issue 223
13. Subpoena for attendance in chambers 225
14. Number of names 225
15. Amendment of writ of subpoena 225
15A. Time for service 225
16. Service of writ of subpoena 226
16A. Early compliance with subpoena duces tecum 226
17. Duration of writ of subpoena 227
18. Setting aside subpoenas 227
19. Costs of complying with subpoena 228
20. Interest for the purposes of section 32 of the Act 228
Order 36A — Expert evidence
1. Interpretation 229
2. Medical evidence in actions for personal injuries 229
3. Other expert evidence 231
4. Exceptions 231
5. Limitation of expert evidence 232
6. Disclosure of part of expert evidence 232
7. Derogation of privilege 232
8. Mode of application 232
9. Revocation and variation of directions 233
Order 37 — Affidavits
1. Title of affidavits 234
2. Form of affidavit 234
3. Affidavits by 2 or more deponents 235
4. Affidavits by illiterate or blind persons 236
4A. Affidavits by non‑English speaking persons 236
5. Irregularity 237
6. Contents of affidavit 237
7. Scandalous matter 237
8. Alterations in affidavits 238
9. Exhibits 238
10. Affidavits sworn and bonds executed in Western Australia239
11. Affidavits sworn out of Western Australia 240
12. Affidavit not to be sworn before a solicitor or his agent etc.241
13. Affidavits to be filed 241
14. Special times for filing 241
15. Alterations in accounts 241
Order 38 — Evidence by deposition
1. Power to order depositions to be taken 242
4. Enforcing attendance of witness 242
5. Refusal of witness to attend or be sworn 243
6. Time and place for examination 243
7. Documents to be given to examiner 243
8. Practice on examination 244
9. Expenses of witnesses 244
10. Examination of additional witnesses 244
11. Mode of taking deposition 244
12. Objection to questions 245
13. Special report 246
14. Oaths 246
15. Perpetuating testimony 246
16. Examiner’s fees 247
17. Payment of examiner’s fees 247
18. Application of this Order 248
Order 38A — Examination of witnesses outside the State
1. Interpretation 249
2. Application of Order 249
3. Applications under sections 110 and 111 in civil proceedings250
4. Application under sections 110 and 111 in criminal proceedings 250
5. Orders under sections 110 and 111 251
6. Manner of examination 251
7. Examiner’s remuneration 251
Order 39 — Taking of evidence for foreign and Australian courts
1. Interpretation 252
2. Applications under section 116 252
3. Orders under section 117 252
4. Examiner’s remuneration 253
4A. Examiner’s power to administer oaths 253
5. Transmission of depositions 253
6. Procedure where witness claims privilege 254
Order 39A — Trans‑Tasman proceedings
1. Interpretation 256
2. Application 256
3. Leave to serve subpoena 256
4. Setting aside subpoena 257
5. Failure to comply with subpoena 258
6. Evidence by video link or telephone 259
7. Fax copies 260
Order 40 — Court experts
1. Definitions 262
2. Appointment of expert 262
3. Report of Court expert 262
4. Cross‑examination 263
5. Remuneration 263
6. Further expert witnesses 263
Order 41 — Motion for judgment
1. Judgment to be on motion 265
2. Judgment after issues tried 265
3. Where some issues only determined 265
4. Motion to be set down within one year 266
5. Court may draw inferences and determine questions 266
Order 42 — Entry of judgment
1. Mode and form of entry 267
2. Date from which judgment or order takes effect 267
3. Orders to perform any act 267
4. Judgment on production of affidavit or document 267
5. Judgment on production of order or certificate 268
6. Judgment on certificate of Master or Registrar 268
7. Judgment by consent when party appears by a solicitor 268
8. Consent of party in person 268
9. Satisfaction of judgments 268
Order 43 — Drawing up judgments and orders
1. Drawing up of judgments, etc. 270
2. When order need not be drawn up 270
3. Authentication of judgments and orders 271
4. Sealed duplicate to be issued 271
5. Amendment of order 272
6. Draft and documents to be lodged 272
7. Appointment to settle draft 273
8. Attendance on settling the draft 273
9. Default of attendance 273
10. Dispensing with appointment 274
11. Registrar’s powers and reference to the Court 274
12. Party to engross 275
13. Certificate for special allowance 275
14. Entry of judgments and orders 275
15. Application to vary 275
16. Consent orders 276
Order 44 — Foreign judgments
1. Rules to be subject to provisions of Orders in Council 277
2. Application for registration 277
3. Evidence in support of application 277
4. Security for costs 279
5. Order for registration 279
6. Register to be kept 279
7. Notice of registration 280
8. Indorsement of service 280
9. Application to set aside registration 281
10. Issue of execution 281
11. Determination of certain questions 281
12. Certified copy of judgment obtained in this State 282
Order 44A — Registration and enforcement of judgments under the Foreign Judgments Act 1991 of the Commonwealth
1. Interpretation 284
2. Application 284
3. Application for registration 284
4. Evidence in support of application 285
5. Security for costs 286
6. Order for registration 286
7. Register to be kept 287
8. Notice of registration 287
9. Indorsement of service 288
10. Application to set aside registration 288
11. Enforcement 288
12. Determination of certain questions 289
13. Certified copy of judgment obtained in this State 289
Order 45 — Accounts and inquiries
1. Summary order for accounts 292
2. Accounts, etc., at any stage 292
3. Directions to be numbered 292
4. Directions as to mode of taking account 292
5. Account to be verified 293
6. Mode of vouching accounts 293
7. Surcharge or error 293
8. Just allowances 294
9. Expediting proceedings 294
10. Distribution of fund before all persons entitled are ascertained 294
Order 46 — Enforcement of judgments and orders
1. No demand necessary where judgment directs payment of money or transfer of property 295
2. Conditional judgment: waiver 295
3. Judgment on condition: execution 295
3A. Enforcement of judgments for possession of land 296
4. When service of copy of judgment etc. necessary before enforcement 296
5. Execution by or against person not being a party 298
6. Matters occurring after judgment: stay of execution, etc. 299
Order 47 — Writs of execution: General
1. Interpretation 300
2. Leave required for issue of writ in aid 300
3. Application for leave to issue writ of execution 300
4. Application for leave to issue writ of sequestration or writ of attachment 301
5. Forms of writs of execution 301
6. Issue of writ of execution 301
7. Indorsement of name and address 302
8. Fees and expenses 303
10. Duration and renewal of writ of execution 303
11. Return to writ of execution 304
12. Sheriff or party may apply for directions 304
13. Power to stay execution 304
14. Separate writs for money and costs 305
15. Order for sale otherwise than by auction 305
Order 48 — Examination of judgment debtors, etc.
1. Order for examination 307
2. Difficulty in enforcing judgment 307
3. Examination to be recorded 308
4. Costs 308
Order 49 — Attachment of debts
1. Section 126 of the Supreme Court Act 1935 to be referred to 309
2. Service of order to show cause 309
3. Money in Court 309
4. Order absolute: Form 310
Order 50 — Charging orders and stop orders
1. Order charging stocks and shares 311
2. Meaning of “Company” and “stock” 311
3. Stop notice as to stock 311
4. Claimant’s address to be stated 311
5. Change of address 312
6. Effect of stop notice 312
7. Amendment of stop notice 312
8. Withdrawal or discharge of notice 313
9. Stop order where funds in Court 313
10. Order prohibiting transfer of stock 314
11. Charging order on money in Court 314
12. Discharge of charging order 315
Order 51 — Receivers
1. Application for receiver and injunction 316
2. Appointment of receiver by way of equitable execution 316
3. Receiver’s security 316
4. Remuneration of receiver 317
5. Accounts 317
6. Payment of balances by receiver 318
7. Default by receiver 318
8. Books to be deposited 319
9. Compensation to party restrained 319
10. Compensation by applicant to party restrained 319
Order 52 — Interlocutory injunctions, interim preservation of property
1. Application for injunction 320
2. Detention, preservation or inspection of property 320
3. Power to order taking of samples, etc. 321
4. Disposal of perishable property, etc. 321
5. Order for early trial 322
6. Recovery of personal property subject to lien 322
7. Directions 323
8. Allowance of income or transfer of property pendente lite323
9. Injunction to include undertaking as to compensation to party restrained 323
10. Compensation to party restrained by undertaking 324
Order 53 — Sales of land by the Court
1. Interpretation 325
2. Power to order sale of land 325
3. Manner of sale 325
4. Directions 325
5. Certificate of sale 326
6. Mortgage, exchange, or partition 326
7. Reference of matters to counsel 327
8. Objection to counsel’s opinion 327
Order 54 — Originating and other motions
1. Application of Order 328
2. Application by motion 328
3. Notice of motion 328
4. Length of notice of motion 328
5. Form of notice of motion 328
6. Issue of notice of motion 329
7. Service of notice of motion with writ 329
8. Adjournment, etc. 329
Order 55 — Committal and attachment
1. Interpretation 330
2. Committal for contempt of court 330
3. Contempt in the face of the Court 330
4. Other cases of contempt 331
5. Form of notice and service 331
6. Arrest 332
7. Punishment 332
8. Power to suspend execution of committal order 332
9. Discharge 333
10. Saving for other powers 333
11. Court may make peremptory order in first instance 333
12. Application of Rules to attachment 334
Order 56 — Mandamus, Certiorari, Prohibition, Quo Warranto
1. Application ex parte 335
2. Judge may direct application in Court or to Court of Appeal336
3. Order to show cause 336
4. Service of order to show cause or notice of motion 336
5. Terms, stay of proceedings 337
6. Applicant limited to grounds etc. in order nisi 338
7. Right to be heard in opposition 338
8. Additional affidavits, determination of issue, etc. 338
9. Order absolute, costs 339
10. Issue and filing of writs 339
11. Time for application 339
12. Copy of warrant, order etc. to be produced 340
13. Order to quash in the first instance 340
14. Forms 340
15. Prosecutor to show interest 341
16. Form of writ 341
17. Time for return of writ 341
18. Service 341
19. Service on corporate body, or justices 342
20. Return and service 342
21. Pleading to return 342
22. No motion for judgment 343
23. Peremptory writ 343
24. Costs where peremptory writ awarded in first instance, or on obedience 343
25. Proceedings in nature of interpleader 344
26. Proceedings not to abate 344
27. Time 344
28. Mandamus by order 344
29. No action against party obeying writ or order 345
30. Pleadings in Prohibition 345
31. Proceedings on judgment 345
32. Writ of Procedendo 345
33. Prohibition by order 346
34. Rules of Court applicable 346
35. Signature and service of information 346
Order 56A — Review orders under the Magistrates Court Act 2004
1. Interpretation 347
2. Application for a review order, making 347
3. Application for review order, procedure on 348
3. Review order, service of 349
4. Review order, hearing of 349
5. Final order, making and service of 349
Order 57 — Habeas corpus
1. Application for writ of habeas corpus 351
2. Power of Court when ex parte application made 351
3. Copies of affidavits to be supplied 352
4. Power to order release of person restrained 352
5. Signed copy of writ to be filed 353
6. Directions as to return of writ 353
7. Service of writ and notice 353
8. Return to writ of habeas corpus 354
9. Procedure on hearing 354
10. Form of writ 354
Order 58 — Proceedings by originating summons
1. Proceedings to be heard in chambers to be commenced by originating summons 355
2. Originating summons for relief without administration 355
3. Summons for administration 356
4. Service 356
5. Decision without judgment for administration 357
6. Orders which may be made on application for administration or execution of trusts 357
7. Interference with discretion of trustee, etc. 358
8. Conduct of sale of trust property 358
10. Construction of written instruments 358
11. Construction or validity of statutes, etc. 358
12. Discretion of Court 359
13. Application by vendor or purchaser of land 359
14. Form and issue of originating summons 359
15. Duration and renewal: Concurrent summons 360
16. Time for appearance 360
17. Entry of appearance 360
18. Where appearance not required 361
18A. Time for service where appearance is not required 361
19. Fixing time for hearing 362
20. Notice of hearing 363
21. Evidence 363
22. Proceeding where a party fails to attend 363
23. Order made ex parte may be set aside 364
24. Costs thrown away by non‑attendance of party 364
25. Further attendance where summons not fully disposed of 364
26. What matters may be included in the same summons 364
27. Directions, etc. 365
28. Adjournment of summons 365
29. Further provisions as to powers and procedure 366
30. Directions regarding applications under Transfer of Land Act 1893 s. 129C 366
Order 59 — Applications and proceedings in chambers
1. Business at chambers 368
2. Hearing of proceedings in open court 369
3. Form of applications in chambers 369
4. Form and issue of summons 370
5. Service of summons 370
6. Obtaining assistance of experts 371
7. Application of O. 58 R. 22 to 28 371
8. Summons operating as stay of proceedings 371
9. Parties to confer before making application 371
10. Form of order 372
Order 60 — Jurisdiction of the Masters
1. Powers of the Masters 373
2. Master or Registrar may take accounts and make inquiries376
2A. When matters within Master’s jurisdiction may be brought before a Judge 377
3. Reference by Master to a Judge or the Court of Appeal 377
5. Power to issue advertisements and summon witnesses 377
6. Duty of persons summoned to attend 378
7. Form — Master’s Summons 378
8. Interest and apportionment 378
Order 60A — Jurisdiction of Registrars and appeals from Registrars’ decisions
1. Powers of Registrars 379
2. Powers of Case Management Registrars 380
2A. Applications within Registrar’s jurisdiction to be made to Registrar 380
3. Registrar may refer matters to a higher judicial officer 381
4. Appeals from Registrars 382
5. Appeal procedure 383
6. Powers of Judge or Master on appeal 383
7. This Order not to apply to Court of Appeal Registrar 384
Order 61 — Proceedings under judgments and orders
1. Application to proceedings under an order 385
2. Summons to proceed and directions 385
3. Notice of judgment to be served on certain persons 386
4. Settling deed if parties differ 387
5. When service of notice of judgment may be dispensed with387
6. Power to bind where service dispensed with 388
7. Procedure where some parties not served 388
8. Course of proceedings in chambers 388
9. Classifying interests of parties 389
10. Judge may require distinct solicitor to represent parties 389
11. Attendance of parties not directed to attend 389
12. Order stating parties directed to attend 390
13. Advertisements may be directed 390
14. By whom prepared and signed 390
15. Form of advertisement 391
16. Failure to claim within specified time 391
17. Examination and verification of claims 391
18. Adjudication on claims 392
19. Adjournment — further evidence 394
20. Service of notice of judgment on certain claimants 394
21. Notice of claims allowed or disallowed 394
22. Service of notices 395
23. Interest on debts 395
24. Interest on legacies 395
25. Master’s certificate 396
26. Settling and filing of Master’s certificate 396
27. Parties may take opinion of the Judge 397
28. Discharge or variation of Master’s certificate 397
28A. Discharge or variation of Registrar’s certificate 398
29. Summons to have matter further considered 399
Order 62 — Proceeding under the Trustees Act 1962
1. Mode of application 400
2. Title of proceedings 400
3. Payment into court under section 99 400
4. Notice of payment in, etc. 401
5. Applications in respect of money etc. and notice thereof 401
Order 62A — Mortgage actions
1. Application and interpretation 402
2. Claim for possession: non‑appearance by a defendant 403
3. Evidence in support of originating summons for possession or payment 404
4. Action by writ: judgment in default 405
5. Foreclosure in redemption action 406
Order 65 — Appeals from certain statutory boards and tribunals
1. Interpretation 407
2. Application of this Order 407
3. Institution of Appeal 407
4. Contents of notice of motion 408
5. Title of notice of appeal, etc. 408
6. Hearing 409
7. Date for hearing 409
8. Record of proceedings to be supplied 410
9. Appeal book 410
10. Appeal to be in nature of rehearing 411
11. Order 411
12. Application of rules of Court 411
13. Costs 412
Order 65C — Reviews under the Electoral Act 1907
1. Interpretation 413
2. Application of Order 413
3. Application for review 413
4. Title of the notice of review 413
5. Hearing 414
6. Date of hearing 414
7. Review book 415
8. Applicant limited to grounds in notice of originating motion415
9. Right to be heard in opposition 415
10. Additional affidavits, determination of issue, etc. 416
11. Order 416
12. Application of Rules of Court 416
Order 66 — Costs
1. General rules as to costs 417
2. Costs where several causes of action or several defendants, etc. 418
3. Costs of amendment without leave: non‑admission of facts or documents 419
4. Costs out of fund or property 419
5. Liability of solicitor 420
6. Costs of solicitor guardian ad litem 421
7. Set‑off 421
8. Costs of Law Officers 422
9. Restriction of discretion to order costs 422
10. Stage at which costs may be dealt with 422
11. Scale of costs 423
12. Costs in particular cases 424
13. Costs where scale does not apply 425
14. Lump sum — interim award 425
17. Costs in small claims 426
18. Matters not provided for in the scale 426
19. Allowances on taxation 427
20. Basis for calculation of costs 428
21. Costs where no substantial trial 428
23. Certain fees may be increased in special circumstances 429
24. Costs of solicitor when money recovered by or on behalf of infant, etc. 429
32. Bills of costs to be taxed 430
33. Indorsements on bill of costs 431
34. When notice of taxation need not be given 431
35. Notice of taxation 431
36. Vouchers to be lodged 431
37. Solicitor delaying taxation 432
38. Appointment to be peremptory 432
39. Taxing Officer may direct bills of costs to be brought in 432
40. Default by party in taxing costs 432
41. Where costs payable out of property notice to clients may be directed 432
42. Form of bills of costs 433
43. Taxing Officer determines questions of fact 433
44. Power of Taxing Officer 433
45. Reference to Court 434
46. Where proceedings adjourned into court 434
47. Costs of interrogatories, discovery 434
48. Costs of motion, etc. following event 435
49. Where motion, etc. stood over to trial and no order made as to costs 435
50. Costs reserved 435
51. Where Court may fix costs 436
52. Leave to refer to Judge where costs to be apportioned, etc.436
53. Party dissatisfied with taxation may object 436
54. Taxing Officer may review taxation 437
55. Taxation may be reviewed by a Judge 438
56. No further evidence on review except with leave 438
57. Taxing Officer’s certificate enforceable as a judgment 438
58. Stay on review 438
59. Power of Taxing Officer where party liable to be paid and to pay costs 439
60. Taxing Officer to assist in settling costs on taking of accounts 439
61. Interim certificate in matters of account 440
Order 67 — Central Office, officers
1. Superintendence of Central Office 441
2. Ministerial acts of Registrar 441
3. Taking of oaths and affidavits 441
4. Seals 441
5. Abuse of process: Reference by Registrar to Judge 441
6. Office copies, etc. 442
7. Petition, award, etc., to be filed before judgment, etc. passed442
8. Indexes 442
9. Date of filing to be marked, etc. 443
10. Custody and searches of records 443
11. Inspection 443
12. Deposit of documents 444
13. Restriction on removal of documents 444
14. Deposit for officer’s expenses 445
15. Admissions, awards, etc. to be filed 445
16. New forms 445
17. Application of certain rules to accounts etc. taken by Registrar 445
18. Reference in judgment to Registrar 446
Order 68 — Sittings, vacations and office hours
1. Full Court and civil sittings 447
2. Criminal sittings 447
3. Vacations 447
4. Days included in sitting and vacation 448
5. Offices — days on which open 448
6. Office hours 448
7. Vacation Judge 448
Order 69 — Paper, printing, notice, and copies
1. Regulations as to printing and photography 449
2. Requirements as to documents 449
3. Direction of Court as to cost of printing, shorthand, recording451
4. Copies of documents for the other parties 452
5. Requirements as to copies 452
6. Copies of affidavits on certain ex parte applications 452
Order 70 — Disability
1. Interpretation 454
2. Persons under disability suing or defending 454
3. Appointment of next friend or guardian ad litem 455
4. Probate actions: Special provisions 457
5. Where person under disability does not appear 459
6. Discharge or variation of certain orders 461
7. Removal of next friend or guardian 461
8. No implied admission from pleading 461
9. Discovery and interrogatories 461
10. Compromise of action by person under disability 462
10A. Compromise of appeal by person under disability 462
11. Compromise before action 462
12. Control of money recovered 463
13. Personal service on person under disability 464
Order 71 — Partners, business names
1. Partners may sue or be sued in the firm name 466
2. Disclosure of partners’ names 466
3. Service 467
4. Notice of capacity in which person is served 467
5. Appearance of partners 467
6. No appearance except by partners 468
7. Appearance under protest of person served as a partner 468
8. Execution of judgment against a firm 469
9. Enforcing judgment in action between partners 470
10. Attachment of debts owing from a firm 470
11. Proceedings begun by originating summons 471
12. Application to person using a business name 471
13. Charge on partner’s interest in partnership 471
Order 72 — Service of documents
1. When personal service required 473
2. Personal service — how effected 473
3. Personal service on body corporate 473
4. Substituted service 473
5. Ordinary service — how effected 474
5A. Service at a document exchange 475
6. Notices from office of the Court by post 475
7. Affidavit of service 476
8. No service required in certain cases 476
Order 73 — Probate proceedings
1. Application and interpretation 477
2. Issue of writ 477
3. Service out of the jurisdiction 478
4. Intervention 478
5. Citation to see proceedings 478
6. Person cited failing to appear 479
7. Entry of appearance 479
8. Citation to bring in grant 479
9. Citations 479
10. Service of citations 480
11. Affidavit of scripts 480
12. Where script in pencil 481
13. Default of appearance 481
14. Counterclaim 482
15. Party may give notice that he only requires proof in solemn form 482
16. Pleadings 482
17. Default of pleadings 483
18. Discontinuance 483
19. Compromise 484
20. Orders etc. to bring in testamentary papers 484
21. Applications to the Court 484
22. Administration pending litigation 485
Order 75 — Proceedings under the Inheritance (Family and Dependants Provision) Act 1972
1. Interpretation 486
2. Mode of application 486
3. Copy of summons to be placed on probate file 486
4. Summons for directions 487
5. Court may make inquiries, etc. 487
6. Parties may be added 488
7. Representative defendant 488
8. Probate etc. to be lodged at Registry 488
9. Appearance to originating summons for extension of time not required 489
Order 75A — Admission of practitioner under section 30(2) of the Legal Practice Act 2003
1. Interpretation 490
2. Application to the Full Court 490
3. Applicant to attend office of superior court referred to in section 30(2) of the Act 491
4. Entry on Roll of Practitioners 491
5. Oath or affirmation 491
Order 76 — Applications under the Public Notaries Act 1979
1. Interpretation 493
2. Application for certificate of fitness 493
3. Notice of intention to apply. (See Public Notaries Act 1979 s. 9) 494
4. Application to Full Court 494
5. Form of certificates 495
6. Applications to suspend or strike off Public Notaries 495
7. Fees payable on application for appointment 496
Order 78 — Applications under the Vexatious Proceedings Restriction Act 1930 21
1. Mode of application 497
2. Notice to be indorsed on summons 497
3. Time for hearing 498
4. Hearing may proceed if respondent fails to appear 498
5. Service on Attorney General of notice of application for leave not necessary 498
6. Judge may refer application to open court or to Full Court 498
7. Evidence 498
8. Costs 499
9. Orders to be gazetted by Registrar 499
Order 80 — Applications under the Escheat (Procedure) Act 1940
1. Definition 500
2. Mode of application 500
3. Notice 500
4. Evidence: Judge may direct inquiry 500
5. Affidavit verifying claim to be filed 501
6. Judge may order issue to be tried 501
7. Form of Order 501
8. Costs 501
Order 80A — Applications under the Royal Commission (Custody of Records) Act 1992
1. Interpretation 502
2. Applications to Register 502
3. Form of order 503
Order 81A — References under the Environmental Protection Act 1971
1. Definition 504
2. Application under section 42 of the Act 504
3. Directions to be sought 504
4. Application of Order 54 505
Order 81B — Proceedings under the Service and Execution of Process Act 1992 of the Commonwealth
1. Interpretation 506
2. Enforcement of judgments under section 105 of the Act 506
3. Interest under section 108 of the Act 507
Order 81C — Applications under sections 76 and 78 of the Road Traffic Act 1974
1. Interpretation 508
2. Application by notice of motion 508
3. Return of motion and date of hearing 508
4. Applications pursuant to s. 76(1), or (7)(a) or 78 508
5. Applications pursuant to s. 76(7)(b) 510
6. Deponent to be produced for cross‑examination 510
Order 81D — Proceedings under the Commercial Arbitration Act 1985
1. Interpretation 512
1A. Application 512
2. Title of proceedings 512
3. Matters for a Judge in Court 513
4. Time for applications to determine preliminary points of law513
5. Time for other applications and for appeals 514
6. Interlocutory orders 514
7. Subpoenas 515
8. Orders for examination of witnesses 515
9. Custody of records and exhibits 515
10. Appeals and questions of law 516
11. Enforcement of arbitration awards 516
12. Payment into and out of court 517
13. Acceptance of money paid into court 517
14. Money remaining in court 518
15. Non‑disclosure of payment into court 518
16. Taxation of costs 518
Order 81E — Cross‑vesting
1. Interpretation 520
2. Application of this Order 520
3. Commencement of proceedings 520
4. Special federal matters 521
6. Directions 521
7. Transfer of proceedings 522
8. Applications to be dealt with by a Judge 522
9. Transfer on Attorney General’s application 522
10. Transfer to Court when no proceeding pending 523
11. Conduct of proceedings 523
Order 81F — Confiscation under the Crimes (Confiscation of Profits) Act 1988 or the Proceeds of Crime Act 1987 (Cwlth)
Part 1 — Preliminary
1. Interpretation 525
2. Application of this Order 525
3. Affidavits in support 526
4. Summons for directions 526
5. Powers of the Court as to directions 526
6. Representative defendant 527
Part 2 — Applications to be brought by originating summons with appearance
7. Procedure for application for confiscation orders 527
8. Restraining orders on notice 528
9. Restraining orders ex parte 528
Part 3 — Applications to be brought by originating summons without appearance
10. Return of seized property 529
11. Variation of production order 529
12. Applications to cancel interstate registration 529
Part 4 — Applications to be brought by summons
13. Further orders in relation to restraining orders 530
14. Applications to set aside confiscation orders 530
15. Applications to discharge forfeiture orders 531
16. Declarations of value 531
Part 5 — Miscellaneous
18. Register of interstate restraining orders 531
19. Discharge of registered pecuniary penalty order 532
20. Facsimile copies of interstate orders 532
21. Examination before Supreme Court 532
Order 81FA — Confiscation under the Criminal Property Confiscation Act 2000
Part 1 — Preliminary
1. Interpretation 533
Part 2 — Proceedings under the Confiscation Act 2000
2. Applications for confiscation declarations 534
3. Applications for other declarations or orders 535
4. Affidavit in support of an application 536
5. Objections to confiscation of property 536
6. Service on DPP 536
7. Directions 537
8. Conference not required 537
9. Representative defendant 537
Part 3 — Registration of freezing notices and interstate orders
10. Registration of freezing notices 538
11. Registration of interstate orders 538
Order 81H — Proceedings under the Surveillance Devices Act 1998
1. Interpretation 540
2. Application for warrant 540
3. Reports to Judges 540
4. Application for order allowing publication or communication in the public interest 540
5. Identification of persons in documents 541
6. Practice Directions 541
Order 82 — Sheriff’s Rules
1. Publicity of sale 542
2. Place of sale 542
3. Mode of sale 542
4. Notice to sheriff not to pay money to execution creditor 543
5. Suspension of execution 543
6. Execution of writs of attachment etc. 543
7. Service of process by sheriff 544
8. Fees where sheriff does not execute process 545
9. Taxation of fees 545
10. Expenses of sale 545
11. Deposit on account of fees 545
12. Fees where execution not proceeded with 546
13. Particulars of arrangement where execution is discontinued546
14. Service at a distance 546
15. Execution of process at a distance 547
16. Default in payment of fees 547
Order 83 — Consolidation of pending causes and matters
1. Causes may be consolidated 548
2. Consolidation with action removed from another court 548
3. Directions 548
Order 84 — General Rules
1. Repealed Orders not revived 549
2. Cases not provided for 549
3. Publication of written reasons for judgment 549
4. Seal and records in Federal Jurisdiction in Bankruptcy 549
5. Summary proceedings under s. 27 of the Public Trustee Act550
6. Affidavit of claim to purchase money paid into court 550
7. Account by solicitor 551
9. Proceedings under Admiralty Act 1988 of the Commonwealth 551
Order 85 — Proceedings to which the Federal Courts (State Jurisdiction) Act 1999 applies
1. Interpretation 552
2. Title of proceedings 552
3. When ineffective judgment to be registered 552
4. Application for registration 553
5. Ineffective judgments may be registered 554
6. Applications for an order under section 10 554
7. Applications under section 11 555
8. Effect of order under section 11 555
The Second Schedule
The Third Schedule
1. 644
2. 644
3. 644
4. 644
6. 644
7. 645
8. 645
9. 645
10. 645
11. 645
12. 646
13. 646
14. 646
15. 646
16. 647
The Fourth Schedule
Notes
Compilation table 654
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, repeal and saving
(1) These Rules shall take effect on 14 February 1972, and on and from that date the Rules set out in the First Schedule shall be revoked.
(2) The revocation effected by paragraph (1) does not affect the validity of any proceedings taken under the rules of Court so revoked.
(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.
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. Proceedings in the Supreme Court to which the Supreme Court (Mental Health) Rules 1965 2, relate. |
Mental Health Act 1962 3, s. 87. |
|
4. Proceedings in the Court of Disputed Returns to which The Electoral Rules of 1908 apply. |
Electoral Act 1907, s. 173. |
|
5. Proceedings to which the Criminal Procedure Rules 2000 relate. |
The Criminal Code, s. 747. |
(3) These Rules, save as expressly provided, shall not apply to —
(a) any criminal proceedings;
(b) any proceedings to which the Matrimonial Causes and Personal Status Rules 1949 4, as amended, apply;
(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.]
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 Accountant, Department of Justice;
“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;
“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;
“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.]
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) Where no form is prescribed for any document required for any purpose of these Rules or by the practice of the Court, the senior Master may give directions with respect to the form to be used, and subject to any such direction, the appropriate form as printed in the Masters’ Practice Forms in “The Supreme Court Practice” (commonly known as “The White Book”) should be used.
[Rule 6 amended in Gazette 30 Nov 1984 p. 3952.]
7. Electronic documents and communications
(1) The Court may give directions to facilitate —
(a) the preparation, filing, service and exchange of electronic documents relating to proceedings before the Court;
(b) the preparation and issue of electronic documents by the Court; and
(c) the conduct of proceedings before the Court by means of the electronic communication of written information between the Court and parties to the proceedings.
(2) The directions may be given —
(a) by the Chief Justice in practice directions applicable to proceedings generally or to a particular class of proceeding; or
(b) by a Judge or the Court of Appeal in particular proceedings.
(3) The directions may vary the operation of, or allow non‑compliance with, these Rules.
(4) A direction given under this Rule has effect as if it were part of these Rules.
(5) Nothing done under such a direction shall be treated as an irregularity for the purposes of Order 2.
[Rule 7 inserted in Gazette 5 Nov 1999 p. 5625‑6; amended in Gazette 29 Apr 2005 p. 1795.]
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