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 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 44
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 52
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. Mode of entering appearance 58
2. How to enter an appearance 58
3. Procedure on receipt of requisite documents 59
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 61
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 62
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 70
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 83
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. 87
15. Representation of deceased person interested in proceedings88
16. Declaratory judgment 88
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 101
11. Departure 102
12. Points of law may be pleaded 102
13. Particulars of pleading 102
13A. Particulars in defamation actions 103
14. Admissions and denials 104
15. Denial by joinder of issue 105
16. Defence of tender 105
17. Defence of set‑off 106
18. Counterclaim and defence to counterclaim 106
19. Striking out pleadings and indorsements 106
20. Close of pleadings 107
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 122
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 127
5. Withdrawal of acceptance 128
6. Offer without prejudice 128
7. Disclosure of offer to Court 128
8. Failure to comply with accepted offer 129
9. Multiple defendants 129
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. Interpretation 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. Interpretation 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 150
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. Interpretation 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. Interpretation 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 176
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. Interpretation 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: (see s. 58(1)(d)) 186
8. Cases stated outside the Court 186
Order 31A — Expedited List
1. Interpretation 188
2. Entry into Expedited List 188
3. Heading of documents 189
4. Timetable 189
5. Directions 190
6. Amendment to pleadings 191
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 205
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 section 32 of the Act 221
Order 36A — Expert evidence
1. Interpretation 222
2. Medical evidence in actions for personal injuries 222
3. Other expert evidence 224
4. Exceptions 224
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. Interpretation 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 232
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 235
13. Documents and things in the custody of a court 235
Order 37 — Affidavits
1. Title of affidavits 237
2. Form of affidavit 237
3. Affidavits by 2 or more deponents 238
5. Irregularity 238
6. Contents of affidavit 239
7. Scandalous matter 239
9. Exhibits 240
13. Affidavits to be filed 240
14. Special times for filing 240
15. Alterations in accounts 240
16. This Order additional to Oaths, Affidavits and Statutory Declarations Act 2005 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
Order 38A — Examination of witnesses outside the State
1. Interpretation 249
2. Application of this Order 249
3. Applications under sections 110 and 111 in civil proceedings249
4. Application under sections 110 and 111 in criminal proceedings 250
5. Orders under sections 110 and 111 250
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 44A — Foreign Judgments Act 1991 (Commonwealth) rules
1. Interpretation 277
2. Application 277
3. Application for registration 277
4. Evidence in support of application 278
5. Security for costs 279
6. Order for registration 279
7. Register to be kept 280
8. Notice of registration 280
9. Indorsement of service 281
10. Application to set aside registration 281
11. Enforcement 281
12. Determination of certain questions 282
13. Certified copy of judgment obtained in this State 282
Order 45 — Accounts and inquiries
1. Summary order for accounts 285
2. Accounts, etc., at any stage 285
3. Directions to be numbered 285
4. Directions as to mode of taking account 285
5. Account to be verified 286
6. Mode of vouching accounts 286
7. Surcharge or error 286
8. Just allowances 287
9. Expediting proceedings 287
10. Distribution of fund before all persons entitled are ascertained 287
11. Master etc. may be ordered to take accounts or make inquiries 288
12. Right to adjournment from Registrar etc. 288
Order 46 — Civil Judgments Enforcement Act 2004 rules
1. Interpretation 289
2. Applications that may be dealt with by a registrar 289
3. Enforcing judgment in action between partners 290
Order 51 — Receivers
1. Application for receiver and injunction 291
3. Receiver’s security 291
4. Remuneration of receiver 292
5. Accounts 292
6. Payment of balances by receiver 292
7. Default by receiver 292
8. Books to be deposited 293
9. Compensation to party restrained 293
10. Compensation by applicant to party restrained 294
11. Application of this Order 294
Order 52 — Interlocutory injunctions, interim preservation of property
1. Application for injunction 295
2. Detention, preservation or inspection of property 295
3. Power to order taking of samples, etc. 296
4. Disposal of perishable property, etc. 296
5. Order for early trial 297
6. Recovery of personal property subject to lien 297
7. Directions 298
8. Allowance of income or transfer of property pendente lite298
9. Injunction to include undertaking as to compensation to party restrained 298
10. Compensation to party restrained by undertaking 299
Order 52A — Freezing orders
1. Interpretation 300
2. Freezing order 300
3. Ancillary order 301
4. Respondent need not be party to proceeding 301
5. Order against judgment debtor, prospective judgment debtor or third party 301
6. Court’s other jurisdiction not affected 303
7. Service outside Australia of application for order 303
8. Costs 303
Order 52B — Search orders
1. Interpretation 305
2. Search order 305
3. Requirements for making of search order 305
4. Court’s other jurisdiction not affected 306
5. Terms of search order 306
6. Independent solicitors 307
7. Costs 307
Order 53 — Sales of land by the Court
1. Interpretation 309
2. Power to order sale of land 309
3. Manner of sale 309
4. Directions 309
5. Certificate of sale 310
6. Mortgage, exchange, or partition 310
7. Reference of matters to counsel 311
8. Objection to counsel’s opinion 311
Order 54 — Originating and other motions
1. Application of Order 312
2. Application by motion 312
3. Notice of motion 312
4. Length of notice of motion 312
5. Form of notice of motion 312
6. Issue of notice of motion 313
7. Service of notice of motion with writ 313
8. Adjournment, etc. 313
Order 55 — Committal and attachment
1. Interpretation 314
2. Committal for contempt of court 314
3. Contempt in the face of the Court 314
4. Other cases of contempt 315
5. Form of notice and service 315
6. Arrest 316
7. Punishment 316
8. Power to suspend execution of committal order 316
9. Discharge 317
10. Saving for other powers 317
11. Court may make peremptory order in first instance 317
12. Application of Rules to attachment 318
Order 56 — Mandamus, Certiorari, Prohibition, Quo Warranto
Division 1 — General
1. Application ex parte 319
2. Application for order to show cause, procedure on 320
3. Order to show cause, terms of 321
4. Service of order to show cause or notice of motion 321
6. Applicant limited to grounds etc. in order nisi 322
7. Right to be heard in opposition 322
8. Additional affidavits, determination of issue, etc. 322
9. Order absolute, costs 323
10. Issue and filing of writs 323
Division 2 — Certiorari
11. Time for application 324
12. Copy of warrant, order etc. to be produced 324
13. Order to quash in the first instance 324
14. Forms 325
Division 3 — Mandamus
15. Prosecutor to show interest 325
16. Form of writ 325
17. Time for return of writ 326
18. Service 326
19. Service on corporate body, or justices 326
20. Return and service 326
21. Pleading to return 327
22. No motion for judgment 327
23. Peremptory writ 327
24. Costs where peremptory writ awarded in first instance, or on obedience 327
25. Proceedings in nature of interpleader 328
26. Proceedings not to abate 328
27. Time 328
28. Mandamus by order 329
29. No action against party obeying writ or order 329
Division 4 — Prohibition
30. Pleadings in Prohibition 329
31. Proceedings on judgment 329
32. Writ of Procedendo 330
33. Prohibition by order 330
Division 5 — Quo warranto
34. Rules of Court applicable 330
35. Signature and service of information 330
Order 56A — Review orders under the Magistrates Court Act 2004
1. Interpretation 332
2. Application for a review order, making 332
3. Application for review order, procedure on 333
4. Review order, service of 334
5. Review order, hearing of 334
6. Final order, making and service of 335
Order 57 — Habeas corpus
1. Application for writ of habeas corpus 336
2. Power of Court when ex parte application made 336
3. Copies of affidavits to be supplied 337
4. Power to order release of person restrained 337
5. Signed copy of writ to be filed 337
6. Order for issue of writ, contents of 338
7. Service of writ and notice 338
8. Return to writ of habeas corpus 339
9. Procedure on hearing 339
10. Form of writ 339
Order 58 — Proceedings by originating summons
Division 1 — Introductory
1. Proceedings to be heard in chambers to be commenced by originating summons 340
Division 2 — Administration and trusts
2. Originating summons for relief without administration 340
3. Summons for administration 341
4. Service 341
5. Decision without judgment for administration 342
6. Orders which may be made on application for administration or execution of trusts 342
7. Interference with discretion of trustee, etc. 343
8. Conduct of sale of trust property 343
Division 4 — Declaration on originating summons
10. Construction of written instruments 343
11. Construction or validity of statutes, etc. 344
12. Discretion of Court 344
13. Application by vendor or purchaser of land 344
Division 5 — General
14. Form and issue of originating summons 345
15. Duration and renewal: Concurrent summons 345
16. Time for appearance 345
17. Entry of appearance 346
18. Where appearance not required 346
18A. Time for service where appearance is not required 347
19. Fixing time for hearing 347
20. Notice of hearing 348
21. Evidence 348
22. Proceeding where a party fails to attend 348
23. Order made ex parte may be set aside 349
24. Costs thrown away by non‑attendance of party 349
25. Further attendance where summons not fully disposed of 349
26. What matters may be included in the same summons 350
27. Directions, etc. 350
28. Adjournment of summons 350
29. Further provisions as to powers and procedure 351
30. Directions regarding applications under Transfer of Land Act 1893 s. 129C 351
Order 59 — Applications and proceedings in chambers
1. Business at chambers 353
2. Hearing of proceedings in open court 354
3. Form of applications in chambers 355
4. Form and issue of summons 355
5. Service of summons 356
6. Obtaining assistance of experts 356
7. Application of O. 58 R. 22 to 28 356
8. Summons operating as stay of proceedings 357
9. Parties to confer before making application 357
10. Form of order 357
Order 60 — Masters’ jurisdiction
1. Masters’ general jurisdiction 358
2. Master may refer proceedings to Judge or Court of Appeal359
Order 60A — Jurisdiction of Registrars and appeals from Registrars’ decisions
1. Powers of Registrars 360
2. Powers of Case Management Registrars 361
2A. Applications within Registrar’s jurisdiction to be made to Registrar 361
3. Registrar may refer matters to a higher judicial officer 362
4. Appeals from Registrars 363
5. Appeal procedure 364
6. Powers of Judge or Master on appeal 364
7. This Order not to apply to Court of Appeal Registrar 365
Order 61 — Proceedings under judgments and orders
Division 1 — Application of order
1. Application to proceedings under an order 366
Division 2 — Summons to proceed
2. Summons to proceed and directions 366
3. Notice of judgment to be served on certain persons 367
4. Settling deed if parties differ 368
5. When service of notice of judgment may be dispensed with369
6. Power to bind where service dispensed with 369
7. Procedure where some parties not served 369
8. Course of proceedings in chambers 369
Division 3 — Attendances
9. Classifying interests of parties 370
10. Judge may require distinct solicitor to represent parties 370
11. Attendance of parties not directed to attend 371
12. Order stating parties directed to attend 371
Division 4 — Claims of creditors and other claimants
13. Advertisements may be directed 371
14. By whom prepared and signed 371
15. Form of advertisement 372
15A. Claims to state claimant’s contact details 372
16. Failure to claim within specified time 372
17. Examination and verification of claims 373
18. Adjudication on claims 374
19. Adjournment — further evidence 375
20. Service of notice of judgment on certain claimants 375
21. Notice of claims allowed or disallowed 376
Division 5 — Interest
23. Interest on debts 376
24. Interest on legacies 377
Division 6 — Masters’ and registrars’ certificates
25. Master’s certificate 377
26. Settling and filing of Master’s certificate 378
27. Parties may take opinion of the Judge 378
28. Discharge or variation of Master’s certificate 379
28A. Discharge or variation of Registrar’s certificate 379
Division 7 — Further consideration
29. Summons to have matter further considered 380
Order 62 — Trustees Act 1962 rules
1. Mode of application 381
2. Title of proceedings 381
3. Payment into court under section 99 381
4. Notice of payment in, etc. 382
5. Applications in respect of money etc. and notice thereof 382
Order 62A — Mortgage actions
1. Application and interpretation 383
2. Claim for possession: non‑appearance by a defendant 384
3. Evidence in support of originating summons for possession or payment 385
4. Action by writ: judgment in default 386
5. Foreclosure in redemption action 387
Order 65 — Appeals to the General Division
Division 1 — Preliminary matters
1. Interpretation 388
2. Application of this Order 389
Division 2 — General matters
3. Hearings by telephone 389
4. Judge’s general jurisdiction 390
5. Non-attendance by party, consequences of 391
6. Decisions made in absence of a party 391
7. Decisions made on the papers 391
Division 3 — Procedure on appeals
8. Nature of appeals 392
9. Time for appealing 392
10. Appeal, how to commence 393
11. Primary court to be notified and to supply records 394
12. Respondent’s options 394
13. Interim order, applying for 395
14. Urgent appeal order, nature of 395
15. Consenting to orders 396
16. Appeal books not needed unless ordered 396
Division 4 — Concluding an appeal
17. Discontinuing an appeal 396
18. Settling an appeal 397
19. Return of exhibits 397
Order 65C — Electoral Act 1907 section 62N rules
1. Interpretation 400
2. Application of Order 400
3. Application for review 400
4. Title of the notice of review 400
5. Hearing 401
6. Date of hearing 401
7. Review book 402
8. Applicant limited to grounds in notice of originating motion402
9. Right to be heard in opposition 402
10. Additional affidavits, determination of issue, etc. 403
11. Order 403
12. Application of Rules of Court 403
Order 66 — Costs
Division 1 — General
1. General rules as to costs 404
2. Costs where several causes of action or several defendants, etc. 405
3. Costs of amendment without leave: non‑admission of facts or documents 406
4. Costs out of fund or property 407
5. Liability of solicitor 407
6. Costs of solicitor guardian ad litem 408
7. Set‑off 409
8. Costs of Law Officers 409
8A. Costs where practitioner acts pro bono 409
9. Restriction of discretion to order costs 409
10. Stage at which costs may be dealt with 410
11. Scale of costs 411
13. Costs where scale does not apply 412
14. Lump sum — interim award 412
17. Costs in small claims 413
18. Matters not provided for in the scale 413
19. Allowances on taxation 414
20. Basis for calculation of costs 414
21. Costs where no substantial trial 415
23. Certain fees may be increased in special circumstances 415
24. Costs of solicitor when money recovered by or on behalf of infant, etc. 416
Division 2 — Taxation of costs
32. Bills of costs to be taxed 417
33. Indorsements on bill of costs 417
34. When notice of taxation need not be given 418
35. Notice of taxation 418
36. Vouchers to be lodged 418
37. Solicitor delaying taxation 418
38. Appointment to be peremptory 418
39. Taxing Officer may direct bills of costs to be brought in 419
40. Default by party in taxing costs 419
41. Where costs payable out of property notice to clients may be directed 419
42. Form of bills of costs 419
43. Taxing Officer determines questions of fact 420
44. Power of Taxing Officer 420
45. Reference to Court 421
46. Where proceedings adjourned into court 421
47. Costs of interrogatories, discovery 421
48. Costs of motion, etc. following event 422
49. Where motion, etc. stood over to trial and no order made as to costs 422
50. Costs reserved 422
51. Where Court may fix costs 422
52. Leave to refer to Judge where costs to be apportioned, etc.423
Division 3 — Review of taxation
53. Party dissatisfied with taxation may object 423
54. Taxing Officer may review taxation 424
55. Taxation may be reviewed by a Judge 424
56. No further evidence on review except with leave 425
Division 4 — Miscellaneous
57. Taxing Officer’s certificate enforceable as a judgment 425
58. Stay on review 425
59. Power of Taxing Officer where party liable to be paid and to pay costs 426
60. Taxing Officer to assist in settling costs on taking of accounts 426
61. Interim certificate in matters of account 426
Order 67 — Central Office, officers
1. Superintendence of Central Office 428
2. Ministerial acts of Registrar 428
3. Taking of oaths and affidavits 428
4. Seals 428
5. Abuse of process: Reference by Registrar to Judge 428
6. Office copies, etc. 429
7. Petition, award, etc., to be filed before judgment, etc. passed429
8. Indexes 429
9. Date of filing to be marked, etc. 430
10. Custody and searches of records 430
11. Inspection 430
12. Deposit of documents 431
13. Restriction on removal of documents 431
14. Deposit for officer’s expenses 432
15. Admissions, awards, etc. to be filed 432
16. New forms 432
17. Application of certain rules to accounts etc. taken by Registrar 432
18. Reference in judgment to Registrar 433
Order 68 — Sittings, vacations and office hours
1. Full Court and civil sittings 434
2. Criminal sittings 434
3. Vacations 434
4. Days included in sitting and vacation 435
5. Offices — days on which open 435
6. Office hours 435
7. Vacation Judge 435
Order 69 — Paper, printing, notice, and copies
1. Regulations as to printing and photography 436
2. Requirements as to documents 436
3. Direction of Court as to cost of printing, shorthand, recording438
4. Copies of documents for the other parties 439
5. Requirements as to copies 439
6. Copies of affidavits on certain ex parte applications 439
Order 70 — Disability
1. Interpretation 441
2. Persons under disability suing or defending 441
3. Appointment of next friend or guardian ad litem 442
4. Probate actions: Special provisions 444
5. Where person under disability does not appear 446
6. Discharge or variation of certain orders 448
7. Removal of next friend or guardian 448
8. No implied admission from pleading 448
9. Discovery and interrogatories 448
10. Compromise of action by person under disability 449
10A. Compromise of appeal by person under disability 449
11. Compromise before action 449
12. Control of money recovered 450
13. Personal service on person under disability 451
Order 71 — Partners, business names
1. Partners may sue or be sued in the firm name 453
2. Disclosure of partners’ names 453
3. Service 454
4. Notice of capacity in which person is served 454
5. Appearance of partners 454
6. No appearance except by partners 455
7. Appearance under protest of person served as a partner 455
9. Rules 1 to 7 apply also to some actions between a firm and its members etc. 456
11. Proceedings begun by originating summons 456
12. Application to person using a business name 456
13. Charge on partner’s interest in partnership 456
Order 71A — Contact details of parties and others
1. Addresses of places, requirements for 458
2. Geographical addresses 458
3. Service details 459
4. Documents without contact details to be rejected 460
5. Changes of information to be notified 461
6. Fictitious details in documents, court powers as to 461
Order 72 — Service of documents
1. When personal service required 462
2. Personal service — how effected 462
3. Personal service on body corporate 462
3A. Personal service on the State 462
4. Substituted service 463
5. Ordinary service, how effected 463
5A. Ordinary service, when effected 465
6. Notices from office of the Court by post 465
7. Affidavit of service 466
8. No service required in certain cases 466
Order 73 — Probate proceedings
1. Application and interpretation 467
2. Issue of writ 467
3. Service out of the jurisdiction 468
4. Intervention 468
5. Citation to see proceedings 468
6. Person cited failing to appear 469
7. Entry of appearance 469
8. Citation to bring in grant 469
9. Citations 469
10. Service of citations 470
11. Affidavit of scripts 470
12. Where script in pencil 471
13. Default of appearance 471
14. Counterclaim 472
15. Party may give notice that he only requires proof in solemn form 472
16. Pleadings 473
17. Default of pleadings 473
18. Discontinuance 473
19. Compromise 474
20. Orders etc. to bring in testamentary papers 474
21. Applications to the Court 475
22. Administration pending litigation 475
Order 75 — Inheritance (Family and Dependants Provision) Act 1972 rules
1. Interpretation 477
2. Mode of application 477
3. Copy of summons to be placed on probate file 477
5. Court may make inquiries, etc. 478
6. Parties may be added 479
7. Representative defendant 479
8. Probate etc. to be lodged at Registry 479
9. Appearance to originating summons for extension of time not required 479
Order 75A — Legal Practice Act 2003 rules
1. Interpretation 481
2. Application to the Full Court 481
3. Applicant to attend office of superior court referred to in section 30(2) of the Act 481
4. Entry on Roll of Practitioners 482
Order 76 — Public Notaries Act 1979 rules
1. Interpretation 483
1A. Districts prescribed for the Act 483
2. Application for certificate of fitness 485
3. Notice of intention to apply. (See Public Notaries Act 1979 s. 9) 486
4. Application to Full Court 487
5. Form of certificates 487
6. Applications to suspend or strike off Public Notaries 488
7. Fees payable on application for appointment 488
Order 80 — Escheat (Procedure) Act 1940 rules
1. Definition 489
2. Mode of application 489
3. Notice 489
4. Evidence: Judge may direct inquiry 489
5. Affidavit verifying claim to be filed 490
6. Judge may order issue to be tried 490
7. Form of Order 490
8. Costs 490
Order 80A — Royal Commission (Custody of Records) Act 1992 rules
1. Interpretation 491
2. Applications to Register 491
3. Form of order 492
Order 81B — Service and Execution of Process Act 1992 (Commonwealth) rules
1. Interpretation 493
2. Enforcement of judgments under section 105 of the Act 493
3. Interest under section 108 of the Act 494
4. Appeals under the Act 494
Order 81C — Road Traffic Act 1974 rules
1. Interpretation 495
2. Applications under RTA s. 76 and 78, how to be made 495
3. Registrar’s functions when application is made 496
4. Applicant to serve application etc. 496
5. Hearing of application, appearance at 497
6. Hearing of application, procedure on 497
7. Result of hearing, Director General to be notified 498
Order 81D — Commercial Arbitration Act 1985 rules
1. Interpretation 499
1A. Application 499
2. Title of proceedings 499
2A. Appeals under s. 38(2) and applications for leave to appeal500
3. Matters for a Judge in Court 501
4. Time for applications to determine preliminary points of law502
5. Time for other applications and for appeals 502
6. Interlocutory orders 503
7. Subpoenas 503
8. Orders for examination of witnesses 503
9. Custody of records and exhibits 503
11. Enforcement of arbitration awards 504
12. Payment into and out of court 505
13. Acceptance of money paid into court 505
14. Money remaining in court 506
15. Non‑disclosure of payment into court 506
16. Taxation of costs 506
Order 81E — Cross‑vesting
1. Interpretation 508
2. Application of this Order 508
3. Commencement of proceedings 508
4. Special federal matters 509
6. Directions 509
7. Transfer of proceedings 510
8. Applications to be dealt with by a Judge 510
9. Transfer on Attorney General’s application 510
10. Transfer to Court when no proceeding pending 511
11. Conduct of proceedings 511
Order 81F — Proceeds of Crime Act 2002 (Commonwealth) rules
1. Interpretation 513
2. Applications under the Act, making of 513
3. Service on the DPP (Cwlth) in Perth 515
4. DPP to file grounds for contesting application 515
5. Summons for directions 515
6. Court may give directions at any time 516
7. Representative respondent 516
8. Evidence on applications 517
9. Court may order separate hearing 517
Order 81FA — Criminal Property Confiscation Act 2000 rules
Part 1 — Preliminary
1. Interpretation 518
Part 2 — Proceedings under the Confiscation Act 2000
2. Applications for confiscation declarations 519
3. Applications for other declarations or orders 520
4. Affidavit in support of an application 521
5. Objections to confiscation of property 521
6. Service on DPP 521
7. Directions 522
8. Conference not required 522
9. Representative defendant 522
Part 3 — Registration of freezing notices and interstate orders
10. Registration of freezing notices 523
11. Registration of interstate orders 523
Order 81G — Criminal and Found Property Disposal Act 2006 rules
1. Terms used in this Order 525
2. General matters 525
3. Claims, making 526
4. Defendant may file memorandum of appearance 526
5. Defendant may file affidavit in response 527
6. Applications in the course of proceedings on a claim 527
7. Hearing a claim 527
8. Costs 528
Order 81H — Surveillance Devices Act 1998 rules
1. Interpretation 529
2. Application for warrant 529
3. Reports to Judges 529
4. Application for order allowing publication or communication in the public interest 529
5. Identification of persons in documents 530
6. Practice Directions 530
Order 82 — Sheriff’s Rules
7. Service of process by sheriff 531
9. Taxation of fees 531
11. Deposit on account of fees 532
14. Service at a distance 532
16. Default in payment of fees 532
Order 83 — Consolidation of pending causes and matters
1. Causes may be consolidated 534
2. Consolidation with action removed from another court 534
3. Directions 534
Order 84 — General Rules
1. Repealed Orders not revived 535
2. Cases not provided for 535
3. Publication of written reasons for judgment 535
4. Seal and records in Federal Jurisdiction in Bankruptcy 535
5. Summary proceedings under s. 27 of the Public Trustee Act536
6. Affidavit of claim to purchase money paid into court 536
7. Account by solicitor 537
8. Interest and apportionment, certification of 537
9. Proceedings under Admiralty Act 1988 of the Commonwealth 537
Order 85 — Federal Courts (State Jurisdiction) Act 1999 rules
1. Interpretation 539
2. Title of proceedings 539
3. When ineffective judgment to be registered 539
4. Application for registration 540
5. Ineffective judgments may be registered 541
6. Applications for an order under section 10 541
7. Applications under section 11 542
8. Effect of order under section 11 542
The Second Schedule
6. Memorandum of appearance (O. 12 r. 2(2)) 558
22. Subpoena (O. 36B r. 3(1)) 567
83. Appeal notice (O. 65 r. 10) 606
84. Service certificate (O. 65 r. 10(7)) 607
85. Notice of respondent’s intention (O. 65 r. 12) 607
86. Application in an appeal (O. 65 r. 13) 608
87. Consent notice (O. 65 r. 15 & 18) 609
88. Request for hearing (O. 65 r. 7) 609
89. Discontinuance notice (O. 65 r. 17) 609
101. Application for extraordinary licence (O. 81C r. 2(1)) 614
102. Application by holder to vary extraordinary licence (O. 81C r. 2(2)) 616
103. Application by Director General to vary extraordinary licence (O. 81C r. 2(3)) 617
104. Application for removal of disqualification (O. 81C r. 2(4))618
108. Criminal and Found Property Disposal Act 2006, claim under (O. 81G r. 3) 619
The Third Schedule
2. 621
3. 621
4. 621
6. 621
7. 622
8. 622
9. 622
10. 622
11. 622
12. 622
13. 623
14. 623
15. 623
16. 624
Notes
Compilation table 625
Provisions that have not come into operation 632
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.
[(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. |
|
[5. deleted] |
|
(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.
[(4) repealed]
[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