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Western Australia regulation
The online page for the Rules of the Supreme Court 1971 (WA) is currently unavailable, so no analysis of the retrieved text can be provided here.
Generally, the Rules set the procedural framework for civil practice in the Western Australian Supreme Court—how to commence and defend proceedings, file and serve documents, conduct trials and enforce orders—affecting litigants, lawyers and court staff.
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Direct links to the current provisions in Rules of the Supreme Court 1971.
Division 2 — Provisions applicable to all cases
4A. Case management conferences 20
5A. Requesting interlocutory orders and case management directions 22
5B. Request under r. 5A by letter 22
5C. Request under r. 5A at case management conference or hearing 24
Timetables 24
Attendance at proceedings under this Order 25
Conferences of parties with mediator 26
Referees 28
Division 3 — Cases on the CMC List
Application of this Division 29
Cases on CMC List 29
Headings to documents 30
CMC List case manager may direct case to be on or taken off CMC List 30
Requesting case be put on CMC List 30
14A. Strategic conferences 31
Division 4 — Cases not on the CMC List
Application of this Division 32
Case management conferences for cases not on CMC List 32
Powers of case manager at case management conferences for cases not on CMC List 34
Listing conference 35
Division 5 — Inactive Cases List
Term used: Inactive Cases List 36
Case manager may direct party to show cause 36
Springing order that case be put on Inactive Cases List 37
Cases inactive for 12 months deemed inactive 37
Parties to be notified of case being on Inactive Cases List 37
Consequences of case being on Inactive Cases List 38
Removing cases from Inactive Cases List 39
Certain cases taken to have been dismissed 39
Order 4 — Mode of commencing proceedings: applications in pending proceedings
Commencing civil proceedings 41
Applications in pending proceedings 41
2A. Civil proceedings under Criminal Law (Mental Impairment) Act 2023 41
Order 4AA — Mortgage actions
Terms used 43
Application 43
Commencing mortgage actions 44
Transitional provision for former Order 62A 44
Order 5 — Writs of summons
Form of writ 46
Writ for service outside WA, form of 46
Place of trial to be shown 46
Place of issue 46
Preparation of writ 46
Sealing of writ 46
Copy to be left with officer 46
Writ to be recorded when issued 47
All writs to be in name of Chief Justice or Senior Puisne Judge 47
Time for appearance to be stated in writ 47
Order 6 — Indorsement of claim: other indorsements
Nature of claim etc. to be indorsed on writ 49
Action for defamation by publication 49
Statement of claim may be indorsed on writ in some actions 49
Claim for liquidated demand, indorsements required for, costs etc. 49
Representative character 50
Claim for account 50
Writ etc. to state contact details 50
Order 7 — Duration and renewal of writ: concurrent writs
Duration and renewal of writ 51
Proof of extension of validity of writ 51
Concurrent writs 52
Unserved writs may be struck out 53
Order 8 — Disclosure by solicitors: change of solicitors
Solicitor to declare, if required to, whether writ issued by him 54
Change of solicitor 54
Appointment of solicitor by self-represented person 55
Intention to act in person, notice of 55
5A. Form and content of notices 55
Removal of solicitor from record 55
Withdrawal of solicitor who has ceased to act for party 56
Effect of order made under this Order 57
Service details of party whose solicitor is removed 57
Solicitor not to act for adverse parties 58
Legal practitioner or clerk not to be security 58
Order 9A — Interested non‑parties
Terms used 59
Parties to advise identity of interested non‑parties 59
Duties of interested non‑party 59
Disclosure of agreements relating to litigation funding 60
Order 9 — Service of originating process: general provisions
Service of writ: general provisions 61
Service of writ as to contract on agent of principal who is outside WA 62
Effect of serving writ in accordance with contract 63
Writ for possession of land where no person in possession, service of 63
Service of other originating process 64
Order 10 — Service outside jurisdiction
Term used: originating process 65
Application of this Order 65
Division 2 — Service outside jurisdiction but in Australia
Division 3 — Service outside Australia
Service in New Zealand of documents in relation to Trans‑Tasman proceedings 66
When allowed without leave under Division 66
When allowed with leave 70
Court’s discretion whether to assume jurisdiction 71
Notice to person served outside Australia 71
Time for entering appearance 72
Leave to proceed where no appearance by person 72
Service of other documents outside Australia 72
Mode of service 72
Division 4 — Service through foreign or diplomatic officials outside Australia in non‑Convention countries
Application of Division 73
Method of service of originating process and Form 5AB 73
Request for service of originating process 74
Serving documents under Division 75
Certification of service taken to be proof of service 75
Paying expenses 76
Other methods of service outside Australia not excluded by Division 77
Order 11 — Service of foreign process
2A. Application of this Order 78
Service pursuant to letter of request for service 78
Service under Convention 79
Service to be through sheriff 80
Consequential orders 81
Order 11A — Service under the Hague Convention
Terms used 82
Provisions of this Order to prevail 84
Division 2 — Service abroad of local judicial documents
Application of this Division 84
Application for request for service abroad 85
How application to be dealt with 87
Procedure on receipt of certificate of service 88
Payment of costs 89
Evidence of service 90
Division 3 — Default judgment following service abroad of initiating process
Application of this Division 90
Restriction on power to enter default judgment if certificate of service filed 90
Restriction on power to enter default judgment if certificate of service not filed 92
Setting aside judgment in default of appearance 92
Division 4 — Local service of foreign judicial documents
Application of this Division 93
Certain documents to be referred back to Attorney‑General’s Department of Commonwealth 94
Service 95
Affidavit as to service 96
Order 12 — Appearance
Who may enter appearance 98
How to enter an appearance 98
Procedure on receipt of requisite documents 99
Appearance to be served on plaintiff 99
Late appearance 99
Conditional appearance 100
Setting aside writ etc. before appearance 100
Person not named may defend action for possession of land 100
Person appearing under r. 8 to be named as defendant 101
Limiting defence in action for possession of land 101
Defendant who wishes to abide by decision of court to file notice of intention to abide 101
Order 13 — Judgment in default of appearance to writ
Plaintiff may enter judgment if defendant fails to enter appearance 103
Claim for liquidated demand 103
Claims for unliquidated damages 104
Claim relating to detention of goods (excluding mortgage actions) 104
Claim for possession of land (excluding mortgage actions) 105
Mortgage actions 106
Content of affidavit required by r. 6(2)(b)(ii) 107
Writs for 2 or more claims to which r. 2 to 6 apply 109
Writs for other claims 110
Entry of judgment for costs only upon writs for other claims 111
Reference to Court in case of doubt or difficulty 111
Default judgment to inform defendant of certain matters 111
Service of default judgment 112
Setting aside or varying default judgment 112
Order 14 — Summary judgment
When plaintiff may apply for summary judgment 113
Application under r. 1, how to make 113
Judgment may be given for plaintiff 114
Defendant may be given leave to defend 114
Summary judgment on counterclaim 115
Court’s powers if leave to defend given etc. 115
Costs 116
Right to proceed with residue of action or counterclaim 116
Judgment for delivery of specific chattel 117
Relief from judgment for recovery of land 117
Summary judgment against absent party may be set aside or varied 117
Order 16 — Summary judgment on application of defendant
Application by defendant for summary judgment 118
Plaintiff may show cause 118
Court’s powers if action to go to trial 119
Summary judgment against absent party may be set aside or varied 119
Order 17 — Interpleader
When interpleader relief may be granted 120
How to apply for interpleader relief 120
Time for application by defendant 121
Stay of proceedings 121
Court’s powers on application 121
Summary determination 121
Where question of law only 121
Claimant failing to appear etc. 122
Power to order sale of goods 122
Discovery etc. and trial 122
One order where several causes pending 122
Orders as to costs etc. 123
Order 18 — Causes of action, counterclaims and parties
Joinder of causes of action 124
Counterclaim against plaintiff 124
Counterclaim against additional parties 125
Joinder of parties 126
Court may order separate trials etc. 127
Misjoinder and nonjoinder of parties 127
Change of parties by reason of death etc. 128
Order made under r. 6 or 7, consequences of 129
Failure to proceed after death of party 131
Action for possession of land, joining non-party who is in possession 131
Relator actions 132
Representation of persons with same interest in proceedings 132
Representation of interested persons who cannot be ascertained etc. 133
Representation of beneficiaries by trustees etc. 135
Representation of deceased person interested in proceedings 135
Declaratory judgment 136
Conduct of proceedings 136
Order 18A — Representative proceedings under the Civil Procedure (Representative Proceedings) Act 2022
Terms used 137
Person must act by legal practitioner 137
Representative Proceedings List; headings to documents 137
Form of consent to be group member 138
Form of opt‑out notice 138
Order 19 — Third party and similar proceedings
Third party notice 139
Application for leave to issue third party notice 140
Issue and service of, and entry of appearance to, third party notice 140
Third party directions 141
Default of third party etc. 142
Setting aside third party proceedings 143
Judgment between defendant and third party 143
Claims and issues between defendant and another party 143
Claims by third and subsequent parties 144
Offer of contribution 145
Counterclaim by defendant 145
Costs 146
Order 20 — Pleadings
Statement of claim, service of 147
Statement of claim, content of 147
Pleadings etc. to be filed before service 147
Defence, service of 148
Reply and defence to counterclaim, service of 148
Pleadings subsequent to reply etc., leave required for 149
Pleadings, formal requirements of 149
Facts, not evidence, to be pleaded 150
Matters which must be specifically pleaded 151
Matter may be pleaded whenever arising 152
Party’s pleadings to be consistent 152
Points of law may be pleaded 152
Particulars of claims etc. 152
13A. Particulars in defamation actions 154
Admissions, traverses etc. 155
Denial by joinder of issue 155
Defence of tender not available without payment into court 156
Defence of set‑off 156
Counterclaim and defence to counterclaim 156
Striking out pleadings etc. 157
Close of pleadings 158
Trial without pleadings 158
Preparation of issues 159
Collision between vessels, content etc. of Preliminary Act 159
Failure to file Preliminary Act 161
Order 21 — Amendment
Amending writ without leave 163
Amending memorandum of appearance 163
Amending pleadings without leave 163
Amending writ or pleading with leave 164
Amending other originating process 165
Amending other documents 165
Failure to amend after order 165
How amendments to be made 165
Clerical errors etc., correcting (slip rule) 166
Service of amended documents 166
Order 23 — Discontinuance
Withdrawing appearance 167
Plaintiff may discontinue; defence etc. may be withdrawn 167
Costs 168
Subsequent action stayed pending payment 168
Withdrawal of summons 168
Order 24 — Payment into and out of court
Division 2 — Payment into court
Terms used 169
Payment of money into court 169
Handling of money paid into court 170
Division 3 — Payment out of court
Terms used 171
No payment out without order 171
Payment of money out of court 171
Payment to estate of deceased person 173
Order 24A — Offer of compromise
Parties entitled to make offer 174
Application of this Order to counterclaims and third party notices 174
3A. How to make offer 174
Time etc. for making, accepting etc. offer 174
Time for payment of sum offered 176
Withdrawing acceptance of offer 176
Offer without prejudice 177
Disclosure of offer to Court 177
Failure to comply with accepted offer 177
Multiple defendants 178
Costs 178
Order 25 — Security for costs
Factors that are not grounds for ordering security for costs 182
Grounds for ordering security for costs 182
Court has discretion 183
Term used: plaintiff 183
Manner of giving security 183
Action may be stayed 183
Payment out 184
Saving 184
Order 26 — Discovery and inspection
1A. Terms used 185
1B. Documents not wholly discoverable 185
Discovery without order 186
Continuing obligation to give discovery 187
Determination of issue relevant to right to discovery 188
List of documents and verifying affidavit, form, content and making of 188
Defendant entitled to copy of co‑defendant’s list etc. 189
Order for information as to particular documents 190
Orders as to discovery 191
Inspection of documents in list 192
8A. Procedure on discovery 193
Order for inspection of documents 194
Order for production to Court 194
Order for production etc. only if necessary 195
11A. Costs of preparing document to facilitate inspection 195
Claim of privilege 195
Inspection of copies of business books 196
Public interest immunity not affected 196
Non‑compliance with requirements for discovery etc. 196
16A. Certificate by legal practitioner 197
Order 26A — Discovery etc. from non‑parties and potential parties
Terms used 198
Public interest immunity not affected 198
Discovery etc. to identify a potential party 198
Discovery from potential party 199
Discovery from non‑party 200
Order 26 applies to discovery ordered under this Order 201
Costs 201
Certificate by legal practitioner for non‑party or potential party 201
Order 27 — Interrogatories
Notice of and answers to interrogatories 203
Answers, time for and manner of giving 203
Interrogatories given to 2 or more parties etc., who has to answer 203
Content of answers 204
Grounds for objecting to answer 204
Answers, who can make 204
Failing to answer or to answer sufficiently 205
Non‑compliance with order under r. 7 205
Use of answers in evidence 206
Revoking and varying orders 206
Order 28 — Medical examination: inspection of physical objects
Medical examination of a party 207
Inspection of physical objects 208
Order 30 — Admissions
Admission of other party’s case 210
Notice to admit facts 210
Judgment on admissions 210
Admissions as to and production of documents 211
Notice to admit authenticity of documents; notice requiring production of documents at trial 212
Order 31 — Special cases and stated cases
Questions of law, stating of in special case 213
Preliminary question of law, orders as to 213
Preparing special case 213
Special case affecting person under disability, leave needed to enter for argument 214
Entering special case for argument 214
Agreement as to payment of money and costs 214
Reference of case to Court of Appeal (Act s. 58(1)(d)) 215
Cases stated to Court (not Court of Appeal) by other courts etc. 215
Order 32 — Place and mode of trial
Trial in circuit town 217
Application for trial by jury 217
Usual mode of trial, other modes 217
Time of trial of questions or issues 217
Issues may be tried differently 218
Trial with jury to be by single judge 218
Disposal of action 218
Trial by jury, precepts for etc. 218
Order 33 — Entry for trial
Entry for trial 219
Consequences of failing to enter for trial as directed 219
Notice of entry 220
Form of entry for trial 220
Papers for judge 220
Order 34 — Proceedings at trial
1A. Outlines for trial 222
Absence of both parties at trial 222
Absence of one party at trial 222
Setting aside judgment given in absence of party 222
Adjournment of trial 223
Conduct of trial 223
5A. Time etc. limits at trial 224
Evidence in mitigation of damages for defamation 225
Inspection by judge or jury 225
Judgment at or after trial 225
Record of proceedings 225
Where time occupied by trial excessive 226
Entry of findings of fact on trial 226
Certificate for entry of judgment 226
Exhibits 227
Return of exhibits 227
15A. Return of document etc. to non-party who produced it under subpoena 228
Death of party before judgment is given 229
Impounded documents 229
Assessment of damages by master 229
Damages to time of assessment 230
Writ of inquiry not to be used 230
Order 35 — Assessors and referees
Trial with assessors 231
Trial before referee 231
Evidence before referee 231
Authority of referee 231
Referee cannot order imprisonment 232
Referee may submit question to Court 232
Notice of referee’s report 232
Adoption etc. of referee’s report in adjourned case 232
Adoption etc. of referee’s report where case not adjourned 233
Costs 233
Application of this Order to other references 233
Order 36 — Evidence: general
Facts to be proved usually by oral evidence in open court 234
Evidence by affidavit 234
Evidence of children etc. (Evidence Act 1906 s. 106S) 234
Reception of plans etc. in evidence 235
Orders under r. 2 or 4 may be revoked or varied 235
Trials of issues etc., evidence in 235
Depositions as evidence 235
Court documents admissible in evidence 236
Evidence at trial may be used in subsequent proceedings 236
Evidence in another cause 236
Production of documents 237
Interest for purposes of Act s. 32 237
Order 36A — Expert evidence
Order 36B — Subpoenas
Terms used 239
Issuing subpoenas 240
Form of subpoena 242
Service of subpoenas 244
Party may request notice that subpoena to produce has been obeyed 244
5A. Altering date for attendance or production 244
Compliance with subpoena 245
Production otherwise than at a trial 247
Setting aside subpoena to attend to give evidence 247
8A. Setting aside subpoena to produce and directions as to things to be produced 248
8B. How requests under r. 8 and 8A to be made 249
Inspecting and dealing with documents and things produced otherwise than at a trial 250
Disposal of documents and things produced 251
Costs and expenses of compliance 252
Failure to comply with subpoena is contempt of court 252
Documents and things in custody of court 253
Order 37 — Affidavits
Title of affidavits 254
Form of affidavits 254
Affidavits by 2 or more deponents 255
Irregularity 256
Contents of affidavits 256
Scandalous matter 257
Exhibits 257
Affidavits to be filed 258
Affidavits not to be filed out of time without leave 258
Alterations in accounts 258
This Order additional to Oaths, Affidavits and Statutory Declarations Act 2005 258
Order 38 — Evidence by deposition
Power to order depositions to be taken 259
Enforcing attendance of witness 259
Refusal of witness to attend or be sworn 260
Time and place of examination, notice of 260
Documents to be given to examiner 260
Practice on examination 261
Expenses of witnesses 261
Additional witnesses may be examined with parties’ consent 261
How depositions to be taken 262
Objection to questions 263
Examiner may give Court special report 263
Oaths 263
Perpetuating testimony 263
Examiner’s fees 264
Payment of examiner’s fees 265
Order 38A — Examination of witnesses outside the State
Terms used 266
Order applies to Act s. 110 and 111 266
Applications under Act s. 110 and 111 in civil proceedings 266
Application under Act s. 110 and 111 in criminal proceedings 267
Orders under Act s. 110 and 111 267
Manner of examination 268
Examiner’s remuneration 268
Order 39 — Taking of evidence for foreign and Australian courts
Terms used 269
Applications under Act s. 116 269
Orders under Act s. 117 269
Examiner’s remuneration 270
4A. Examiner’s power to administer oaths 270
Transmission of depositions 271
Procedure where witness claims privilege 271
Order 39A — Trans‑Tasman Proceedings Act 2010 (Commonwealth) rules
Term used: Act 273
Application of this Order 273
Division 2 — Subpoenas to be served in New Zealand
2A. Form of subpoenas 273
Leave to serve subpoena (Act s. 31) 274
Setting aside subpoena (Act s. 35 and 36) 275
Failure to comply with subpoena (Act s. 38) 276
Division 3 — Remote appearances from New Zealand
6A. Appearances by audio link or audiovisual link (Act s. 48) 277
Division 4 — Registration and enforcement of NZ judgments
Setting aside registration of NZ judgment (Act s. 72) 279
Stay of enforcement of registered NZ judgment (Act s. 76) 280
Order 40 — Court experts
Terms used 281
Court expert, appointment of etc. 281
Report of Court expert 282
Cross‑examination of Court expert 282
Remuneration of Court expert 282
Further expert witnesses 283
Order 41 — Motion for judgment
Judgment to be on motion 284
When motion for judgment may be set down after trial etc. 284
Motion for judgment before trial etc. of all issues 284
Motion for judgment to be set down within one year 285
Court may draw inferences and determine questions 285
Order 42 — Entry of judgment
Mode and form of entry 286
Date from which judgment or order takes effect 286
Orders to do an act, time for obeying to be specified 286
Entering judgment on filing of affidavit etc. 287
Entering judgment pursuant to order etc. 287
Entering judgment on certificate of master or registrar 287
Entering judgment by consent when party appears by solicitor 287
Entering judgment by consent where defendant has not appeared or is self‑represented 288
Satisfaction of judgments 288
Order 43 — Drawing up judgments and orders
Drawing up etc. judgments etc. 289
When order need not be drawn up 289
Authentication of judgments and orders 290
Judgments and orders to be court record; issue and use of duplicates 290
Amending orders 291
Draft judgment or order to be filed 291
Appointment to settle draft 292
Attendance on settling draft 292
Default of attendance on settling draft 293
Dispensing with appointment 293
Registrar’s and Court’s powers to settle judgments etc. 293
Party to engross settled judgment or order 294
Certificate for special allowance on taxation of costs 294
Entry of judgments and orders 295
Application to vary 295
Consent orders 295
Order 44A — Foreign Judgments Act 1991 (Commonwealth) rules
Terms used 297
Application of this Order 297
Application for registration (Act s. 6) 297
Evidence in support of application 298
Security for costs 299
Order for registration 299
Record to be kept of registered judgments 300
Notice of registration 300
Indorsement of service 301
Application to set aside registration 301
Enforcing registered judgment 302
Determination of certain questions 302
Certified copy of judgment obtained in this State 302
Order 45 — Accounts and inquiries
Summary order for account to be taken 305
Direction for accounts etc. may be made at any stage 305
Directions to be numbered 305
Directions as to mode of taking account 305
Account to be verified 306
Vouchers and contested etc. items, directions as to 306
Surcharge or error, notice of 306
Allowances that can be made without direction 307
Expediting proceedings 307
Distributing fund before all persons entitled are ascertained 307
Master etc. may be ordered to take accounts or make inquiries 308
Right to adjournment from registrar etc. 308
Order 46 — Civil Judgments Enforcement Act 2004 rules
Terms used 309
Applications that may be dealt with by registrar 309
Enforcing judgment in action between partners 310
Order 51 — Receivers
Application for receiver and injunction 311
Security to be given by receiver 311
Remuneration of receiver 312
Accounts by receiver 312
Payment of balances by receiver 312
Default by receiver 313
Final accounts to be filed 313
Compensation to party restrained 314
Compensation by applicant to party restrained 314
Application to Civil Judgments Enforcement Act 2004 314
Order 52 — Interlocutory injunctions, interim preservation of property
Application for injunction 315
Detention etc. of property; securing funds in dispute 315
Power to order taking of samples etc. 316
Disposal of perishable property etc. 316
Order for early trial on application for receiver, injunction etc. 317
Recovering personal property subject to lien 317
Directions 318
Allowance of income or transfer of property during case 318
Injunction to include undertaking as to compensation to party restrained 318
Compensation to party restrained by undertaking 319
Order 52A — Freezing orders
Terms used 320
Freezing order 320
Ancillary order 320
Respondent need not be party to proceeding 321
Order against judgment debtor, prospective judgment debtor or third party 321
Court’s other jurisdiction not affected 323
Service outside Australia of application for order 323
Costs 323
Order 52B — Search orders
Terms used 325
Search order 325
Requirements for making of search order 325
Court’s other jurisdiction not affected 326
Terms of search order 326
Independent solicitors, appointment of etc. 327
Costs 328
Order 53 — Sales of land by the Court
Term used: land 329
Power to order sale of land 329
Manner of sale 329
Directions 329
Certificate of sale 330
Mortgage, exchange or partition 330
Reference of matters to counsel 331
Objection to counsel’s opinion 331
Order 54 — Originating and other motions
Application of this Order 332
Which applications to be made by motion 332
Notice of motion 332
Time of notice of motion 332
Form of notice of motion 332
Issue of notice of motion 333
Service of notice of motion with writ etc. 333
Adjournment etc. 333
Order 55 — Committal and attachment
Term used: contemnor 334
Committal for contempt of court 334
Contempt in face of Court 334
Other cases of contempt 335
Form and service of notice or summons 335
Arresting contemnors 336
Punishing contemnors 336
Execution of committal order may be suspended 336
Discharge from committal 337
Saving for other powers 337
Court may make peremptory order in first instance 337
Application of r. 6 to 9 to attachment etc. 338
Order 56 — Judicial review
Terms used 339
Making an application 340
Serving an application 341
Options of person served with application 341
Procedure on application 342
Discovery and interrogatories 343
Costs 343
Issue and filing of writs 343
Division 2 — Certiorari
Division 3 — Mandamus
Applicant to show interest etc. 344
Form of writ 345
Time for return of writ 345
Service 345
Service on corporate body, or justices 346
Return, content etc. of 346
Pleading to return 347
No motion for judgment needed in some cases 347
Peremptory writ 347
Costs 347
Proceedings in nature of interpleader 348
Proceedings not to abate due to death etc. 348
Mandamus by order 349
No action against party obeying writ or order 349
Division 4 — Prohibition and procedendo
Court may direct service of statement of claim instead of issuing prohibition 349
Proceedings on judgment 349
Writ of procedendo 350
Prohibition by order 350
Division 5 — Quo warranto
34A. Application for information of quo warranto 350
Rules of court applicable 350
Signature and service of information 351
Order 56A — Review orders under the Magistrates Court Act 2004
Terms used 352
Application for review order, making 352
Application for review order, procedure on 353
Review order, service of 354
Review order, hearing of 354
Final order, making and service of 355
Order 57 — Habeas corpus
Application for writ 356
Power of Court when ex parte application made 356
Copies of affidavits to be supplied 357
Court may order release of person restrained 357
Signed copy of writ to be filed 357
Order for issue of writ, contents of 358
Service of writ and notice 358
Return to writ of habeas corpus 359
Procedure on hearing 359
Form of writ 359
Order 58 — Proceedings by originating summons
Division 1 — Introductory
Division 2 — Administration and trusts
Executors etc. seeking certain relief without administration 360
Executors etc. applying for administration 361
Service of summons issued under r. 2 or 3 361
Decision without judgment for administration 362
Orders which may be made on application for administration etc. of trusts 362
Interference with discretion of trustee etc. 363
Conduct of sale of trust property 363
Division 4 — Declaration on originating summons
Construction of written instruments 363
Construction or validity of legislation 364
Court may refuse to determine summons in some cases 364
Effect of contracts for sale etc. of land 364
Division 5 — General
Form and issue of originating summons 365
Order 7 applies to originating summons 365
Time for appearance 365
Entry of appearance 366
When appearance not required 366
18A. Time for service where appearance not required 367
Fixing time for hearing summons 367
Evidence at hearing to be by affidavit 368
Hearings in absence of party 368
Order made ex parte may be set aside 369
Costs thrown away by non‑attendance of party 369
Hearings not completed on hearing date 369
Other matters that may be included in one summons 370
Directions as to hearings, evidence etc. 370
Adjourning hearings 370
Court’s powers and procedure at hearings 371
Transfer of Land Act 1893 s. 129C applications, directions as to 372
Order 59 — Applications and proceedings in chambers
Business to be dealt with in chambers 373
Hearings may be in open court or chambers 374
Applications in chambers 375
Form and issue of summons 375
Summons, service of 376
Experts, assistance of 376
Application of O. 58 r. 22 to 28 376
Stay of proceedings, ordering 377
Parties to confer before making application 377
Orders, form of 377
Order 60 — Masters’ jurisdiction
Masters’ general jurisdiction 378
Master may refer matter to judge or Court of Appeal 379
Order 60A — Jurisdiction of registrars and appeals from registrars’ decisions
Registrars’ general jurisdiction 380
Registrars’ jurisdiction with respect to case management 380
2A. Registrars to deal with applications within their jurisdiction 382
Registrar may refer proceedings to judge or master 382
Appeals from decisions of registrars 383
Appeal procedure 383
6A. Other parties to appeal to advise certain matters 384
Appeal is by way of new hearing 384
This Order not to apply to Court of Appeal Registrar 384
Order 61 — Proceedings under judgments and orders
Division 1 — Application of order
Division 2 — Summons to proceed
Summons to proceed, requirement for and proceedings on 385
Notice of judgment, Court may order service of in some cases 386
Settling deed if parties differ, procedure for 387
When service of notice of judgment may be dispensed with 388
Judgment for accounts etc., power to bind persons in some cases 388
Procedure where some parties not served etc. 388
Course of proceedings in chambers 389
Division 3 — Attendances
Classifying interests of parties 389
Judge may require distinct solicitor to represent parties 390
Attendance of parties not directed to attend 390
Order stating parties directed to attend 390
Division 4 — Claims of creditors and other claimants
Advertisements for creditors etc., power to direct 390
Advertisements, preparation etc. of 391
Advertisements, contents of 391
15A. Claims to state claimant’s contact details 391
Failure to claim within specified time 391
Examination and verification of claims 392
Adjudicating on claims 393
Adjourning adjudications; fixing time for filing evidence etc. 394
Service of notice of judgment on certain claimants 394
Notice of claims allowed or disallowed 395
Division 5 — Interest
Interest on debts 396
Interest on legacies 396
Division 6 — Masters’ and registrars’ certificates
Master’s certificate 396
Settling and filing master’s certificate 397
Judge may determine questions in proceedings before master 397
Appeal against master’s certificate 398
28A. Judge may discharge or vary registrar’s certificate 399
Division 7 — Further consideration
Order 62 — Trustees Act 1962 rules
Making applications under Act 401
Title of proceedings 401
Payment into court under Act s. 99 401
Notice of payment in etc. 402
Applications in respect of money etc. paid into court 402
Order 65 — Appeals to the General Division
Terms used 403
Application of this Order 404
Division 2 — General matters
Hearings by telephone 404
Judge’s general jurisdiction 405
Non‑attendance by party, consequences of 406
Decisions made in absence of party 406
Decisions made on the papers 406
Division 3 — Procedure on appeals
Nature of appeals 407
Time for appealing 407
Appeal, how to commence 408
Primary court to be notified and to supply records 409
Respondent’s options 410
Interim order, applying for 410
Urgent appeal order, nature of 410
Consenting to orders 411
Appeal books not needed unless ordered 411
Division 4 — Concluding an appeal
Discontinuing an appeal 411
Settling an appeal 412
Return of exhibits 413
Order 65C — Electoral Act 1907 section 62N rules
Term used: Electoral Commissioner 415
Application of this Order 415
Application for review 415
Title of proceedings 415
Hearing the review 416
Date of hearing 416
Review book 417
Applicant limited to grounds in originating motion 417
Right to be heard in opposition 417
Additional affidavits, determination of issue etc. 418
Order as to result of review 418
Application of rules of court 418
Order 66 — Costs
General rules as to costs 419
Costs where several causes of action, defendants etc. 420
Costs of amendment without leave or where facts or documents not admitted 421
Action as to property, ordering costs out of property 422
Lawyer may be ordered to pay costs etc. 422
Solicitor guardian ad litem, costs of 423
Set‑off may be allowed despite solicitor’s lien 424
State solicitors, costs of 424
8A. Costs in case of legal practitioner acting pro bono 424
Restriction of discretion to order costs in some cases 424
Stage at which costs may be dealt with 425
Scale of costs 426
Costs where scale does not apply 427
Lump sum award for costs, interim award as to 427
Cases that Magistrates Court could have decided, costs in 428
Matters not provided for in scale 428
Disbursements etc. allowable on taxation 429
Basis for calculating costs 429
No substantial trial, costs in case of 430
Certain fees in scales may be increased if inadequate 430
Judgment for person under disability, solicitor’s costs in case of 431
Own costs orders 432
Division 2 — Taxation of costs
Bills of costs to be taxed 434
Indorsements on bill of costs 435
When notice of taxation need not be given 435
Notice of taxation 435
Vouchers as to disbursements to be filed 435
Solicitor delaying taxation 435
Appointment to tax costs to be peremptory 436
Taxing officer may direct bills of costs to be brought in 436
Default by party in taxing costs 436
If costs payable out of property, notice to clients may be directed 436
Bills of costs, content of 437
Taxing officer’s decisions on fact are final 437
Taxing officer’s powers 437
Taxing officer may refer taxation question to Court 438
Where proceedings adjourned into court 438
Interrogatories and discovery, costs of 438
Costs of motion etc. follow event 439
Motion etc. stood over to trial and no order made as to costs, costs in case of 439
Costs reserved 440
When Court may fix costs 440
Taxing officer may refer question to judge if costs to be apportioned etc. 440
Division 3 — Review of taxation
Party dissatisfied with taxation may object and apply for review 441
Review of taxation by taxing officer 441
Review of taxation by judge 442
No further evidence on review except with leave 442
Division 4 — Miscellaneous
Taxing officer’s certificate enforceable as judgment 443
Stay on review 443
Party liable to be paid and to pay costs, taxing officer’s powers in case of 443
Taking of accounts, taxing officer’s duties and powers on 444
Interim certificate in matters of account 444
Order 67 — Central Office, officers
Superintendence of Central Office 445
Ministerial acts of registrar 445
Taking of oaths and affidavits 445
Seals 445
Abuse of process etc., procedure in case of 445
Sealed documents, evidentiary status of 446
Petition, award etc. to be filed before judgment etc. passed 446
Indexes to filed documents 447
Date of filing to be marked etc. 447
Custody of documents and things 447
Deposit of documents 448
Restriction on removal of documents 448
Deposit for officer’s expenses 448
Admissions, awards etc. to be filed 448
New forms 449
Accounts etc. to be taken by registrar, rules applying to 449
Reference in judgment etc. to registrar, effect of 449
Principal Registrar may declare ECMS unavailable 449
Order 67A — Filing documents
Division 2 — Filing documents
General rules about filing documents 451
Documents must be filed using ECMS 452
Documents presented for filing using ECMS or email 454
Delivering documents for filing 456
Posting documents for filing 456
Faxing documents for filing 457
How filed paper documents are to be dealt with 459
Division 3 — Documents containing sensitive information
Terms used 460
Person to advise Court if filing sensitive document 460
Documents containing restricted information 463
Documents containing information to which access should be restricted 465
Restricted documents 465
Documents that are not to be accessible to judiciary 467
Division 4 — Miscellaneous matters
Principal Registrar may delegate 468
Principal Registrar may refer matters to judge or master 469
Appeals from decisions made under this Order 469
Order 67B — Access to information and things held by the Court
Terms used 470
Application of this Order 471
Access to information and things under other legislation 472
Order does not limit Court’s general power to release information 472
Division 2 — Orders restricting access
Division 3 — Entitlements to access
Entitlements of every person 474
Entitlements of parties 478
Division 4 — Access with the Court’s permission
Access with the Court’s permission 479
When Court can give permission 479
When media manager can give permission 481
Division 5 — Applications for access
Applying for access 482
Court’s powers as to applications for permission 484
How applications are determined 485
Division 6 — How access is given
Division 7 — Access by non‑parties to documents in cases commenced before 1 March 2018
Application of this Division 487
Documents that can be inspected or copied 487
Division 8 — Miscellaneous matters
Order 68 — Sittings, vacations and office hours
Civil sittings 489
Criminal sittings 489
Court vacations 489
Days included in sitting and vacation 490
When Court’s offices are open 490
Office hours 490
Vacation Judge 490
Order 69 — Paper, printing, notice, and copies
Printing of documents, rules as to 491
Requirements as to documents prepared by parties 491
Copies of documents for other parties 494
Requirements as to copies 494
Copies of affidavits on certain ex parte applications 495
Order 70 — Disability
Terms used 496
Persons under disability suing or defending 496
Appointment of next friend or guardian ad litem 498
Special provisions for probate actions 500
Procedure on no appearance by person under disability 502
Time for application by person under disability to discharge or vary order under O. 18 r. 7 504
Removal of next friend or guardian 504
No implied admission from pleading 504
Discovery and interrogatories 505
Settlement etc. of action by person under disability 505
10A. Settlement etc. of appeal by person under disability 506
Settlement etc. before action commenced 506
Control of money recovered for person under disability 506
Personal service on person under disability 507
Order 71 — Partners, business names
Partners may sue or be sued in name of firm 509
Disclosure of partners’ names 509
Service on firm 510
Person served under r. 3 to be notified of character in which he is served 510
Appearance of partners 511
No appearance except by partners 511
Appearance under protest of person served as partner 511
Rules 1 to 7 apply also to some actions between firm and its members etc. 512
Rules 2 to 9 apply to proceedings begun by originating summons 512
Application to person using business name 512
Application to charge partner’s interest in partnership etc. 513
Order 71A — Contact details of parties and others
Addresses of places, requirements for 514
Geographical addresses 514
3A. Court may dispense with requirement to state geographical address 515
Service details, meaning of 516
Documents without contact details to be rejected 517
Changes of information to be notified 518
Fictitious details in documents, court powers as to 518
Order 72 — Service of documents
When personal service required 519
Personal service on individual 519
Personal service on body corporate 519
3A. Personal service on State 520
Substituted service 520
Ordinary service, how effected 520
5A. Ordinary service, when effected 522
6A. Serving documents by email 524
Affidavits of service, content of 524
No service required in certain cases 524
Order 73 — Probate proceedings
Application of this Order and terms used 525
Commencing probate action 525
Intervention by person who is not defendant 526
Citation against non-party with adverse interest 526
Person cited failing to appear 526
Entry of appearance 527
Citation to executor etc. to bring in probate etc. 527
8A. Applications to include draft citation 527
Citations, issue of 527
Service of citations 528
Affidavit of scripts 528
Scripts in pencil, affidavits as to; inspecting affidavits of scripts 529
Default of appearance 529
Counterclaim 530
Defendant may require only proof in solemn form 530
Pleadings 531
Default of pleadings 531
Discontinuance 532
Compromise 532
Orders etc. to bring in will etc. 532
Applications, making 533
Administrator or receiver appointed pending litigation 533
Order 75 — Family Provision Act 1972 rules
Terms used 535
Applications under Act, making of 535
Copy of summons to be placed on probate file or linked to electronic file 535
Court may make inquiries etc. 536
Parties may be added 537
Representative defendant 537
Probate to be lodged at Registry if judgment for plaintiff 537
Appearance to originating summons for extension of time not required 538
Order 75A — Admission and removal
Terms used 539
Application for admission 539
2A. Compliance certificates 540
2B. Appeals under Legal Profession Uniform Law (WA) section 26 or 27 540
2C. Objection to admission 540
Attendance at hearing of application for admission 541
Oath or affirmation 542
Removal from roll 542
Order 76 — Public Notaries Act 1979 rules
1A. Districts prescribed for Act 543
Application for certificate of fitness (Act s. 8) 545
Notice of intention to apply to be appointed Public Notary (Act s. 9) 546
Application to be appointed Public Notary 547
Certificates of appointment, form of 547
Applications to suspend or strike off Public Notaries 548
Fees payable on application for appointment 548
Order 80 — Escheat (Procedure) Act 1940 rules
Term used: said Act 549
Applications for Order of Escheat, making 549
Notice of applications, form of 549
Evidence; judge may direct inquiry 549
Claimants to file affidavit verifying claim and may be heard 550
Judge may order issue to be tried 550
Order of Escheat, form of 550
Costs 550
Order 80A — Royal Commission (Custody of Records) Act 1992 rules
Terms used 551
Applications for leave to have access (Act s. 14) 551
Order granting leave, form of 552
Order 81B — Service and Execution of Process Act 1992 (Commonwealth) rules
Terms used; how applications to be made 553
Enforcing judgments under Act s. 105, procedure for 553
Claiming interest under Act s. 108, procedure for 554
Appeals under Act 554
Order 81C — Road traffic legislation rules
Terms used 555
Applications under RT (AD) Act s. 24, 27 or 35, how to be made 555
Registrar’s functions when application is made 556
Applicant to serve application etc. 556
Hearing of application, appearance at 557
Hearing of application, procedure on 557
CEO to be notified of decision 558
Order 81E — Cross‑vesting
Terms used 559
Application of this Order 559
Commencing proceedings that rely on cross-vesting laws 559
Special federal matters 560
Directions for conduct of proceedings 560
Transfer of proceedings 561
Applications to be dealt with by judge 561
Transfer on Attorney General’s application (Act s. 5 or 6) 562
Transfer under Act s. 8, Court’s powers on 562
Procedure if laws etc. of other place to apply under Act s. 11(1) 562
Order 81F — Proceeds of Crime Act 2002 (Commonwealth) rules
Terms used 564
Applications under Act, how to be made 564
Service on DPP (Cwlth) in Perth 566
DPP to file grounds for contesting application 566
Summons for directions 566
Court may give directions at any time 567
Representative respondent 567
Evidence on applications 568
Court may order separate hearing 568
Order 81FA — Criminal Property Confiscation Act 2000 rules
Part 1 — Preliminary
Part 2 — Proceedings under the Confiscation Act 2000
Declarations under Act s. 30, applications for 570
Other declarations or orders, applications for 571
Affidavit in support required for some applications 572
Objections to confiscation of property, making of 572
DPP or CCC to be served 573
Directions 573
Conference not required 573
Representative defendant 573
Part 3 — Registration of freezing notices and interstate orders
Freezing notices, registration of etc. 574
Interstate orders, registration of etc. 574
Order 81G — Criminal and Found Property Disposal Act 2006 rules
Terms used 576
General matters 576
Claims, how to be made 577
Defendant may file memorandum of appearance 577
Defendant may file affidavit in response 578
Applications in course of proceedings on claim 578
Hearing claims 578
Costs 579
Documents cannot be filed electronically 579
Order 81H — Surveillance Devices Act 1998 rules
Term used: Act 580
Warrants, applications for 580
Report to judge (Act s. 21 or 30) 580
Order allowing publication etc. (Act s. 31), application for 580
Identification of persons in documents 581
Practice Directions 581
Documents cannot be filed electronically 581
Order 82 — Sheriff’s rules
Service of process by sheriff 582
Fees etc. payable to sheriff, disputes as to 582
Deposit on account of sheriff’s fees 583
Travel distance by sheriff for service 583
Non‑payment of sheriff’s fees, consequences of 583
Order 83 — Consolidation of pending causes and matters
Causes may be consolidated 585
Consolidation with action removed from another court 585
Directions 585
Order 84 — General rules
Repealed Orders not revived 586
Cases not provided for 586
Publication of written reasons for judgment 586
Bankruptcy jurisdiction, duty of Registrar in Bankruptcy as to seals, records etc. 587
Public Trustee Act 1941 s. 27, proceedings under 587
Sale proceeds paid into court, claimants to must file affidavit 588
Account by solicitor to client, applying for and order as to 588
Interest and apportionment, certification of 588
Admiralty Act 1988 (Cwlth) rules, registrar etc. may exercise powers etc. under 589
Order 85 — Federal Courts (State Jurisdiction) Act 1999 rules
Terms used 590
Title of proceedings 590
No proceedings on ineffective judgment before application to have it registered 590
Ineffective judgment, application for registration of 591
Ineffective judgments, registration of 592
Act s. 10, application for order under 592
Act s. 11, application for order under 593
Act s. 11, effect of order under 593
Sourced from the Western Australian Legislation website (legislation.wa.gov.au). Not the authorised version.
Western Australia
Supreme Court Act 1935
Rules of the Supreme Court 1971
Western Australia
Rules of the Supreme Court 1971
Contents
Order 1 — Application, elimination of delay and forms
Short title 1
Commencement and saving 1
Certain proceedings excluded 2
3A. Inherent powers not affected 3
4A. Delays, elimination of 7
4B. Case flow management, use and objects of 7
4C. Parties to notify settlement 8
6A. Forms under Restraining Orders Act 1997 8
Court fees 9
Documents given to authorised users or Court by means of ECMS 9
Order 2 — Effect of non‑compliance
Non‑compliance with rules 10
Application to set aside for irregularity 10
Order 3 — Time
Term used: month 12
Reckoning periods of time 12
Period between 24 Dec and 15 Jan excluded when computing time 12
Time expiring on day Central Office closed, effect of 13
Extending and abridging time 13
Extension of time where security ordered 13
Notice of intention to proceed after year’s delay 14
Order 4A — Case management
Division 1 — Preliminary matters
Terms used 15
Term used: case management direction 15
Term used: enforcement order 20
Inconsistencies with other rules 20
Division 2 — Provisions applicable to all cases
4A. Case management conferences 20
5A. Requesting interlocutory orders and case management directions 22
5B. Request under r. 5A by letter 22
5C. Request under r. 5A at case management conference or hearing 24
Timetables 24
Attendance at proceedings under this Order 25
Conferences of parties with mediator 26
Referees 28
Division 3 — Cases on the CMC List
Application of this Division 29
Cases on CMC List 29
Headings to documents 30
CMC List case manager may direct case to be on or taken off CMC List 30
Requesting case be put on CMC List 30
14A. Strategic conferences 31
Division 4 — Cases not on the CMC List
Application of this Division 32
Case management conferences for cases not on CMC List 32
Powers of case manager at case management conferences for cases not on CMC List 34
Listing conference 35
Division 5 — Inactive Cases List
Term used: Inactive Cases List 36
Case manager may direct party to show cause 36
Springing order that case be put on Inactive Cases List 37
Cases inactive for 12 months deemed inactive 37
Parties to be notified of case being on Inactive Cases List 37
Consequences of case being on Inactive Cases List 38
Removing cases from Inactive Cases List 39
Certain cases taken to have been dismissed 39
Order 4 — Mode of commencing proceedings: applications in pending proceedings
Commencing civil proceedings 41
Applications in pending proceedings 41
2A. Civil proceedings under Criminal Law (Mental Impairment) Act 2023 41
Order 4AA — Mortgage actions
Terms used 43
Application 43
Commencing mortgage actions 44
Transitional provision for former Order 62A 44
Order 5 — Writs of summons
Form of writ 46
Writ for service outside WA, form of 46
Place of trial to be shown 46
Place of issue 46
Preparation of writ 46
Sealing of writ 46
Copy to be left with officer 46
Writ to be recorded when issued 47
All writs to be in name of Chief Justice or Senior Puisne Judge 47
Time for appearance to be stated in writ 47
Order 6 — Indorsement of claim: other indorsements
Nature of claim etc. to be indorsed on writ 49
Action for defamation by publication 49
Statement of claim may be indorsed on writ in some actions 49
Claim for liquidated demand, indorsements required for, costs etc. 49
Representative character 50
Claim for account 50
Writ etc. to state contact details 50
Order 7 — Duration and renewal of writ: concurrent writs
Duration and renewal of writ 51
Proof of extension of validity of writ 51
Concurrent writs 52
Unserved writs may be struck out 53
Order 8 — Disclosure by solicitors: change of solicitors
Solicitor to declare, if required to, whether writ issued by him 54
Change of solicitor 54
Appointment of solicitor by self-represented person 55
Intention to act in person, notice of 55
5A. Form and content of notices 55
Removal of solicitor from record 55
Withdrawal of solicitor who has ceased to act for party 56
Effect of order made under this Order 57
Service details of party whose solicitor is removed 57
Solicitor not to act for adverse parties 58
Legal practitioner or clerk not to be security 58
Order 9A — Interested non‑parties
Terms used 59
Parties to advise identity of interested non‑parties 59
Duties of interested non‑party 59
Disclosure of agreements relating to litigation funding 60
Order 9 — Service of originating process: general provisions
Service of writ: general provisions 61
Service of writ as to contract on agent of principal who is outside WA 62
Effect of serving writ in accordance with contract 63
Writ for possession of land where no person in possession, service of 63
Service of other originating process 64
Order 10 — Service outside jurisdiction
Division 1 — Preliminary
Term used: originating process 65
Application of this Order 65
Division 2 — Service outside jurisdiction but in Australia
Division 3 — Service outside Australia
Service in New Zealand of documents in relation to Trans‑Tasman proceedings 66
When allowed without leave under Division 66
When allowed with leave 70
Court’s discretion whether to assume jurisdiction 71
Notice to person served outside Australia 71
Time for entering appearance 72
Leave to proceed where no appearance by person 72
Service of other documents outside Australia 72
Mode of service 72
Division 4 — Service through foreign or diplomatic officials outside Australia in non‑Convention countries
Application of Division 73
Method of service of originating process and Form 5AB 73
Request for service of originating process 74
Serving documents under Division 75
Certification of service taken to be proof of service 75
Paying expenses 76
Other methods of service outside Australia not excluded by Division 77
Order 11 — Service of foreign process
2A. Application of this Order 78
Service pursuant to letter of request for service 78
Service under Convention 79
Service to be through sheriff 80
Consequential orders 81
Order 11A — Service under the Hague Convention
Division 1 — Preliminary
Terms used 82
Provisions of this Order to prevail 84
Division 2 — Service abroad of local judicial documents
Application of this Division 84
Application for request for service abroad 85
How application to be dealt with 87
Procedure on receipt of certificate of service 88
Payment of costs 89
Evidence of service 90
Division 3 — Default judgment following service abroad of initiating process
Application of this Division 90
Restriction on power to enter default judgment if certificate of service filed 90
Restriction on power to enter default judgment if certificate of service not filed 92
Setting aside judgment in default of appearance 92
Division 4 — Local service of foreign judicial documents
Application of this Division 93
Certain documents to be referred back to Attorney‑General’s Department of Commonwealth 94
Service 95
Affidavit as to service 96
Order 12 — Appearance
Who may enter appearance 98
How to enter an appearance 98
Procedure on receipt of requisite documents 99
Appearance to be served on plaintiff 99
Late appearance 99
Conditional appearance 100
Setting aside writ etc. before appearance 100
Person not named may defend action for possession of land 100
Person appearing under r. 8 to be named as defendant 101
Limiting defence in action for possession of land 101
Defendant who wishes to abide by decision of court to file notice of intention to abide 101
Order 13 — Judgment in default of appearance to writ
Plaintiff may enter judgment if defendant fails to enter appearance 103
Claim for liquidated demand 103
Claims for unliquidated damages 104
Claim relating to detention of goods (excluding mortgage actions) 104
Claim for possession of land (excluding mortgage actions) 105
Mortgage actions 106
Content of affidavit required by r. 6(2)(b)(ii) 107
Writs for 2 or more claims to which r. 2 to 6 apply 109
Writs for other claims 110
Entry of judgment for costs only upon writs for other claims 111
Reference to Court in case of doubt or difficulty 111
Default judgment to inform defendant of certain matters 111
Service of default judgment 112
Setting aside or varying default judgment 112
Order 14 — Summary judgment
When plaintiff may apply for summary judgment 113
Application under r. 1, how to make 113
Judgment may be given for plaintiff 114
Defendant may be given leave to defend 114
Summary judgment on counterclaim 115
Court’s powers if leave to defend given etc. 115
Costs 116
Right to proceed with residue of action or counterclaim 116
Judgment for delivery of specific chattel 117
Relief from judgment for recovery of land 117
Summary judgment against absent party may be set aside or varied 117
Order 16 — Summary judgment on application of defendant
Application by defendant for summary judgment 118
Plaintiff may show cause 118
Court’s powers if action to go to trial 119
Summary judgment against absent party may be set aside or varied 119
Order 17 — Interpleader
When interpleader relief may be granted 120
How to apply for interpleader relief 120
Time for application by defendant 121
Stay of proceedings 121
Court’s powers on application 121
Summary determination 121
Where question of law only 121
Claimant failing to appear etc. 122
Power to order sale of goods 122
Discovery etc. and trial 122
One order where several causes pending 122
Orders as to costs etc. 123
Order 18 — Causes of action, counterclaims and parties
Joinder of causes of action 124
Counterclaim against plaintiff 124
Counterclaim against additional parties 125
Joinder of parties 126
Court may order separate trials etc. 127
Misjoinder and nonjoinder of parties 127
Change of parties by reason of death etc. 128
Order made under r. 6 or 7, consequences of 129
Failure to proceed after death of party 131
Action for possession of land, joining non-party who is in possession 131
Relator actions 132
Representation of persons with same interest in proceedings 132
Representation of interested persons who cannot be ascertained etc. 133
Representation of beneficiaries by trustees etc. 135
Representation of deceased person interested in proceedings 135
Declaratory judgment 136
Conduct of proceedings 136
Order 18A — Representative proceedings under the Civil Procedure (Representative Proceedings) Act 2022
Terms used 137
Person must act by legal practitioner 137
Representative Proceedings List; headings to documents 137
Form of consent to be group member 138
Form of opt‑out notice 138
Order 19 — Third party and similar proceedings
Third party notice 139
Application for leave to issue third party notice 140
Issue and service of, and entry of appearance to, third party notice 140
Third party directions 141
Default of third party etc. 142
Setting aside third party proceedings 143
Judgment between defendant and third party 143
Claims and issues between defendant and another party 143
Claims by third and subsequent parties 144
Offer of contribution 145
Counterclaim by defendant 145
Costs 146
Order 20 — Pleadings
Statement of claim, service of 147
Statement of claim, content of 147
Pleadings etc. to be filed before service 147
Defence, service of 148
Reply and defence to counterclaim, service of 148
Pleadings subsequent to reply etc., leave required for 149
Pleadings, formal requirements of 149
Facts, not evidence, to be pleaded 150
Matters which must be specifically pleaded 151
Matter may be pleaded whenever arising 152
Party’s pleadings to be consistent 152
Points of law may be pleaded 152
Particulars of claims etc. 152
13A. Particulars in defamation actions 154
Admissions, traverses etc. 155
Denial by joinder of issue 155
Defence of tender not available without payment into court 156
Defence of set‑off 156
Counterclaim and defence to counterclaim 156
Striking out pleadings etc. 157
Close of pleadings 158
Trial without pleadings 158
Preparation of issues 159
Collision between vessels, content etc. of Preliminary Act 159
Failure to file Preliminary Act 161
Order 21 — Amendment
Amending writ without leave 163
Amending memorandum of appearance 163
Amending pleadings without leave 163
Amending writ or pleading with leave 164
Amending other originating process 165
Amending other documents 165
Failure to amend after order 165
How amendments to be made 165
Clerical errors etc., correcting (slip rule) 166
Service of amended documents 166
Order 23 — Discontinuance
Withdrawing appearance 167
Plaintiff may discontinue; defence etc. may be withdrawn 167
Costs 168
Subsequent action stayed pending payment 168
Withdrawal of summons 168
Order 24 — Payment into and out of court
Division 1 — Preliminary
Division 2 — Payment into court
Terms used 169
Payment of money into court 169
Handling of money paid into court 170
Division 3 — Payment out of court
Terms used 171
No payment out without order 171
Payment of money out of court 171
Payment to estate of deceased person 173
Order 24A — Offer of compromise
Parties entitled to make offer 174
Application of this Order to counterclaims and third party notices 174
3A. How to make offer 174
Time etc. for making, accepting etc. offer 174
Time for payment of sum offered 176
Withdrawing acceptance of offer 176
Offer without prejudice 177
Disclosure of offer to Court 177
Failure to comply with accepted offer 177
Multiple defendants 178
Costs 178
Order 25 — Security for costs
Factors that are not grounds for ordering security for costs 182
Grounds for ordering security for costs 182
Court has discretion 183
Term used: plaintiff 183
Manner of giving security 183
Action may be stayed 183
Payment out 184
Saving 184
Order 26 — Discovery and inspection
1A. Terms used 185
1B. Documents not wholly discoverable 185
Discovery without order 186
Continuing obligation to give discovery 187
Determination of issue relevant to right to discovery 188
List of documents and verifying affidavit, form, content and making of 188
Defendant entitled to copy of co‑defendant’s list etc. 189
Order for information as to particular documents 190
Orders as to discovery 191
Inspection of documents in list 192
8A. Procedure on discovery 193
Order for inspection of documents 194
Order for production to Court 194
Order for production etc. only if necessary 195
11A. Costs of preparing document to facilitate inspection 195
Claim of privilege 195
Inspection of copies of business books 196
Public interest imm
This is an opening excerpt, not the complete document.