WAIn ForceRegulation
Rules of the Supreme Court 1971
Div 8Miscellaneous matters
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Division 8 — Miscellaneous matters
- Registrars’ decisions may be dealt with by judge or master 488
Order 68 — Sittings, vacations and office hours
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Civil sittings 489
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Criminal sittings 489
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Court vacations 489
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Days included in sitting and vacation 490
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When Court’s offices are open 490
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Office hours 490
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Vacation Judge 490
Order 69 — Paper, printing, notice, and copies
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Printing of documents, rules as to 491
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Requirements as to documents prepared by parties 491
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Copies of documents for other parties 494
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Requirements as to copies 494
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Copies of affidavits on certain ex parte applications 495
Order 70 — Disability
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Terms used 496
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Persons under disability suing or defending 496
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Appointment of next friend or guardian ad litem 498
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Special provisions for probate actions 500
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Procedure on no appearance by person under disability 502
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Time for application by person under disability to discharge or vary order under O. 18 r. 7 504
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Removal of next friend or guardian 504
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No implied admission from pleading 504
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Discovery and interrogatories 505
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Settlement etc. of action by person under disability 505
10A. Settlement etc. of appeal by person under disability 506
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Settlement etc. before action commenced 506
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Control of money recovered for person under disability 506
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Personal service on person under disability 507
Order 71 — Partners, business names
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Partners may sue or be sued in name of firm 509
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Disclosure of partners’ names 509
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Service on firm 510
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Person served under r. 3 to be notified of character in which he is served 510
Division Div 8 - Rules of the Supreme Court 1971 - Miscellaneous matters | Zoe
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
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Addresses of places, requirements for 514
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Geographical addresses 514
3A. Court may dispense with requirement to state geographical address 515
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Service details, meaning of 516
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Documents without contact details to be rejected 517
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Changes of information to be notified 518
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Fictitious details in documents, court powers as to 518
Order 72 — Service of documents
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When personal service required 519
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Personal service on individual 519
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Personal service on body corporate 519
3A. Personal service on State 520
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Substituted service 520
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Ordinary service, how effected 520
5A. Ordinary service, when effected 522
- Service of documents by Court 523
6A. Serving documents by email 524
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Affidavits of service, content of 524
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No service required in certain cases 524
Order 73 — Probate proceedings
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Application of this Order and terms used 525
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Commencing probate action 525
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Intervention by person who is not defendant 526
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Citation against non-party with adverse interest 526
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Person cited failing to appear 526
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Entry of appearance 527
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Citation to executor etc. to bring in probate etc. 527
8A. Applications to include draft citation 527
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Citations, issue of 527
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Service of citations 528
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Affidavit of scripts 528
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Scripts in pencil, affidavits as to; inspecting affidavits of scripts 529
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Default of appearance 529
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Counterclaim 530
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Defendant may require only proof in solemn form 530
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Pleadings 531
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Default of pleadings 531
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Discontinuance 532
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Compromise 532
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Orders etc. to bring in will etc. 532
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Applications, making 533
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Administrator or receiver appointed pending litigation 533
Order 75 — Family Provision Act 1972 rules
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Terms used 535
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Applications under Act, making of 535
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Copy of summons to be placed on probate file or linked to electronic file 535
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Court may make inquiries etc. 536
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Parties may be added 537
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Representative defendant 537
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Probate to be lodged at Registry if judgment for plaintiff 537
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Appearance to originating summons for extension of time not required 538
Order 75A — Admission and removal
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Terms used 539
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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
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Attendance at hearing of application for admission 541
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Oath or affirmation 542
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Removal from roll 542
Order 76 — Public Notaries Act 1979 rules
1A. Districts prescribed for Act 543
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Application for certificate of fitness (Act s. 8) 545
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Notice of intention to apply to be appointed Public Notary (Act s. 9) 546
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Application to be appointed Public Notary 547
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Certificates of appointment, form of 547
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Applications to suspend or strike off Public Notaries 548
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Fees payable on application for appointment 548
Order 80 — Escheat (Procedure) Act 1940 rules
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Term used: said Act 549
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Applications for Order of Escheat, making 549
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Notice of applications, form of 549
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Evidence; judge may direct inquiry 549
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Claimants to file affidavit verifying claim and may be heard 550
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Judge may order issue to be tried 550
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Order of Escheat, form of 550
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Costs 550
Order 80A — Royal Commission (Custody of Records) Act 1992 rules
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Terms used 551
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Applications for leave to have access (Act s. 14) 551
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Order granting leave, form of 552
Order 81B — Service and Execution of Process Act 1992 (Commonwealth) rules
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Terms used; how applications to be made 553
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Enforcing judgments under Act s. 105, procedure for 553
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Claiming interest under Act s. 108, procedure for 554
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Appeals under Act 554
Order 81C — Road traffic legislation rules
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Terms used 555
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Applications under RT (AD) Act s. 24, 27 or 35, how to be made 555
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Registrar’s functions when application is made 556
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Applicant to serve application etc. 556
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Hearing of application, appearance at 557
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Hearing of application, procedure on 557
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CEO to be notified of decision 558
Order 81E — Cross‑vesting
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Terms used 559
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Application of this Order 559
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Commencing proceedings that rely on cross-vesting laws 559
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Special federal matters 560
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Directions for conduct of proceedings 560
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Transfer of proceedings 561
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Applications to be dealt with by judge 561
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Transfer on Attorney General’s application (Act s. 5 or 6) 562
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Transfer under Act s. 8, Court’s powers on 562
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Procedure if laws etc. of other place to apply under Act s. 11(1) 562
Order 81F — Proceeds of Crime Act 2002 (Commonwealth) rules
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Terms used 564
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Applications under Act, how to be made 564
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Service on DPP (Cwlth) in Perth 566
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DPP to file grounds for contesting application 566
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Summons for directions 566
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Court may give directions at any time 567
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Representative respondent 567
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Evidence on applications 568
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Court may order separate hearing 568
Order 81FA — Criminal Property Confiscation Act 2000 rules