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Consolidated Practice Directions

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Consolidated Practice Directions CONSOLIDATED PRACTICE DIRECTIONS THE SUPREME COURT OF WESTERN AUSTRALIA 2009 (as updated on 7 October 2021) Unless otherwise indicated, references to the Rules are references to the Rules of the Supreme Court 1971 (WA); and Orders (O) and rules (r) in this document refer to the orders and rules of the Rules of the Supreme Court 1971 (WA). These can be accessed at the Parliamentary Counsel’s Office website at: www.legislation.wa.gov.au Table of Amendments 2012 - 2014 Date Practice Direction (PD) Number Replacement Pages 02/04/2012 Complete Reissue of the Supreme Court's All Consolidated Practice Directions further to a formatting update of the whole document. 27/7/2012 Insertion of PD 9.13 Interpreting and language 269 - 286 Services Guidelines; 9.13.1 Protocol for the Use of Interpreters; and 9.13.2 Interpreter Booking Request Form. 13/8/2012 Insertion of PD 5.8 Case Management. 159 - 168 Further to insertion of PD 9.13 and PD 5.8, the vi - viii & following pages to be reprinted to ensure 159 onwards correct pagination. 17/9/2012 Insertion of new PD 10.5 Practicing Solely as a 305 - 306 & viii Barrister. 21/11/2012 Insertion of new PD 9.1.4 Notice to 197 - 200 Non-Applying Executors. Further to insertion of PD 9.1.4, the following vii - viii & pages to be reprinted to ensure correct 197 onwards pagination. 12/3/2013 Insertion of new allowances in PD 4.7.1.1 - 119 - 121 Schedule of Standard Costs Orders for Interlocutory Applications. 13/3/2013 Insertion of No 18 into PD 4..4.1.1 - Checklist 98 for Entry for Trial. 20/3/2013 PD 6.1 - Commencing an appeal. Amendment 169 to 6.1.1(e) insertion of the word 'certified'; and in 6.1.3 and 6.1.4 the filing time is now 'six (6) weeks'. 27/6/2013 Insertion of paragraph after PD10.3(5)(b). 301 - 307 & iii Date Practice Direction (PD) Number Replacement Pages 14/8/2013 Revision of PD 5.6 to allow for earlier access to 154 - 156 PSRs and email copies in specified circumstances. Further to revision of PD 5.6, the following iii - ix & pages to be reprinted to ensure correct 157 onwards pagination. 5/12/2013 Revision of PD 5.3 to update procedure on 148 - 150 Voluntary Criminal Case Conferencing (pars 3 and 5 updated, new par inserted at 6). Revision of PD 10.1.2 to update links to on-line 294 admission documents. Further to revisions, the following pages to be iv - ix & reprinted to ensure correct pagination. 148 onwards 30/01/2014 Revision of PD 3.1 to update procedures for the 35 - 39 Use of Electronic Devices in Court. PD 4.1.2, subparagraph 2A(b) amended by 43 replacing '1985' with '2012'. Further to revision, the following pages to be iv - ix & 35 onwards reprinted to ensure correct pagination. 21/3/2014 Revision of PD 9.2.2 to clarify cost recovery 207 - 210 principles and other procedures under the Family Provision Act 1972 (WA) Further to revision, the following pages to be iv - ix & reprinted to ensure correct pagination. 207 onwards 29/4/2014 Amendment to PD 4.1.2 pars 2A(b) and 5 to 43 & 44 include proceedings brought pursuant to the International Arbitration Act 1974 (Cth) and to refer to new PD 4.1.2.3. Insertion of PD 4.1.2.3 - Proceedings brought 61 pursuant to arbitration law Further to revision, the following pages to be iv - ix & 61 onwards reprinted to ensure correct pagination. 21/5/2014 Insertion of new PD 5.9 on applications for a 175 - 178 bail rehearing where charges are pending in the Magistrates Court Date Practice Direction (PD) Number Replacement Pages Insertion of new PD 5.10 to provide for an 179 - 180 accused to answer bail at an alternate venue Revision of PD 6.2 to adopt similar procedures 183 to PD 5.9 for bail applications connected with single judge appeals Further to revision, the following pages to be iv - xi & reprinted to ensure correct pagination 175 onwards 21/8/2014 Revision of PD 4.1.2 to include a requirement 43 - 48 for additional information from parties when a matter is admitted to the CMC list (pars 4 - 5), and the renumbering of par 5 onwards Correction to PD 8.1(15) the reference should 193 be to par 14. Further to revision, the following pages to be v, 43 - 48 & 193 reprinted to ensure correct pagination 13/10/2014 Revision of PD 4.1.2 to provide for CMC List 43 - 49 strategic conferences to be deferred or not held at party request (pars 11 - 13) ; to provide that only documents which a party will tender are to be included within trial bundles (par 23) with a revised structure and order (pars 22 - 30) and other minor amendments ( including pars 2A, 4). Revision of PD 4.1.2.2 par 27 to reflect revision 55 to PD 4.1.2 par 23. Revision of PD 4.3.2. to require no inclusion of 79 - 81 reference to conferral in affidavits without leave of the court (new par 9) as well as notice re potential adverse costs orders (par 12); renumbered pars 10 - 12. Revision of PD 4.7.2 to reflect amendment to 128 - 130 Supreme Court (Fees) Regulations 2002, sch 1, div 1, item 9 so that 2.5% fee is only payable upon setting of an appointment to tax a bill of costs (pars 6, 11); and a general restructure and renumbering. Further to revision, the following pages to be v, vii - xi & reprinted to ensure correct pagination 43 onwards Date Practice Direction (PD) Number Replacement Pages 27/10/2014 General revision of PD 5.3, including new 155-158 provisions allowing for a Registrar to conduct voluntary criminal case conferencing (VCCC) (par 1) and to avoid any potential conflict of interest (par 2); see also new pars 5, 9, 13 &14 (f), (g). Amendment to PD 10.1.3 par 2 to clarify 310-312 instructions for completing the Notice of Application for Admission at PD 10.1.3.1 Revision of PD 10.1.3.1 to clarify requirements 313-317 for completing the Notice of Application for Admission. Further to revision, the following pages to be vi-xii & 155 onwards reprinted to ensure correct pagination PLEASE NOTE: The Consolidated Practice Directions (CPD) have been amended to exclude the use of designated page numbers. This is to avoid repagination of the document when amendments are issued. After the reissue on 31 March 2015 (see next page) users who maintain hard copy versions need only print and insert or replace the new or amended PDs and update the Table of Amendments. Table of Amendments: 2015 - Date PD No Reason for Amendment* 31/3/2015 All Designated page numbers removed; various minor editing changes and contact detail updates. New PD issued on handling of victim impact statements (PD 5.11). 15/4/2015 PDs 4.4.2 & 4.4.2.1 Revised procedures for entry for trial including rescinding revised and the directions on certificates of readiness and listing PDs 4.4.2.2, 4.4.2.3 conferences, and new arrangements for the payment of fees & 4.4.3 rescinded upon entry for trial. PD 4.4.4 Renumbered to 4.4.3 renumbered PD 4.7.2 revised Revision so that provisional assessment of costs is at the discretion of the taxing officer rather than by consent. 5/6/2015 PD 4.7.1.1 revised Revised schedule of standard costs orders for interlocutory applications after a review, in consultation with the Law Society of WA, of the allocated hours and scope of work, to add additional items and to reflect the maximum allowable hourly rates set out in the Legal Profession (Supreme Court) (Contentious Business) Determination 2014. 9/6/2015 PD 4.7.1.1 revised Insert additional items in revised schedule of standard costs orders for interlocutory applications omitted in error in 5 June 2015 CPD version (schedule items 2.6 - 2.11). 22/9/2015 PD 4.7.4 revised Revised to ensure procedures for costs assessments under the Legal Profession Act 2008 are consistent with Supreme Court (Fees) Regulations 2002, sch 1, div 1, item 9 and PD 4.7.2 (see revised pars 9, 14, 15 and 22(b)). 1/03/2016 PD 5.9 revised To clarify the scope of the PD (change of title only) PD 9.9 revised Revisions to clarify procedure (pars 2.4, 4.4, 4.6 - 4.12, 7.5, 7.9, 8.3, 8.4) (in accordance with directions issued for internal use on 12/08/2010) PD 9.10 deleted PD 9.10 inserted Published to assist applicants making applications relating to confiscation of criminal property proceedings (originally issued for internal use on 12/08/2010) Date PD No Reason for Amendment* PD 9.14 inserted Published to assist applicants making applications under pt 2 div 5 of the Witness Protection (Western Australia) Act 1996 (originally issued for internal use on 01/08/2011) PD 9.15 inserted Published to assist applicants making applications under pt 6 div 3 of the Corruption and Crime Commission Act 2003 (WA) (originally issued for internal use on 15/02/2012) PD 9.16 inserted Published to assist applicants making applications under the Criminal Investigation (Covert Powers) Act 2012 (WA) (originally issued for internal use on 12/03/2013) PD 9.17 inserted New PD on procedures for reviews and other proceedings related to Preventative Detention Orders and Prohibited Contact Orders under the Terrorism (Preventative Detention) Act 2006 (WA) PD 10.1.3 revised Revised to reflect the practice for mutual recognition for applicants admitted in South Australia (pars 4(a) and 4(c)).
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