Pdf ko'rish bet 298/298 Sana 31.05.2022 Hajmi 3,43 Mb. #621225
Bog'liq
Consolidated Practice Directions
Document Outline Consolidated Practice Directions as updated on 21 March 2022 Table of Amendments 2012 - 2014 Table of Amendments: 2015 - 2022 1. Supreme Court Registry & Court of Appeal Office 1.1 Operations 1.1.1 Supreme Court Registry & Court of Appeal Office - role, location and opening hours 1.1.2 Correspondence with the Court Registry 1.1.3 eCourts Portal 1.1.4 Electronic Case Management System (ECMS) 1.2 Documents 1.2.1 Format 1.2.1.1. Sample full title - Extract from Affidavit (General Division) 1.2.1.2. Sample short title - Extract from Affidavit (General Division) 1.2.1.3. Sample full title - Extract from Affidavit (Defamation) 1.2.1.4. Sample full title - Extract from Affidavit (CMC List) 1.2.2 Filing of Documents 1.2.2.1. Presentation for Filing by Fax Cover Sheet - Criminal 1.2.3 Presentation for Filing by Post 1.2.3.1. Presentation for filing by Post Cover Sheet: General Division 1.2.3.2. Presentation for filing by Post Cover Sheet: Court of Appeal civil appeals 1.2.3.3. Credit Card Payment Authority 1.2.4 Taking Affidavits 1.2.5 Electronic Trials (eTrials) 1.2.5.1. Standard Directions for Electronic Trials (eTrials) 1.2.6 The Use of Technology for the Presentation of Evidence , Submissions and other Material 1.2.6.1. Courtroom Technology Booking Form 1.2.7 The Taking of Evidence by Video or Audio Link 2. Submissions and Authorities 2.1 Outlines of Submissions, Lists of Authorities and Copies of Authorities for Use in Civil and Criminal Interlocutory Hearings, Trials and Appeals 3. Recording or transmitting proceedings 3.1 Use of Electronic Devices in Court 3.2 Video Link Appearance by Persons in Custody 3.3 Access to Information, Records and Things Held by the Court 3.4 Web-streaming of Court Proceedings 4. General Division - Civil 4.1 Case Management 4.1.1 Case Management by Registrars 4.1.2 Case Management - the Commercial and Managed Cases (CMC) List 4.1.2.1. CMC List - Summons (Revoked) 4.1.2.2. CMC List - Usual Orders 4.1.2.3. Proceedings brought pursuant to arbitration law 4.1.3 Telephone Conferencing before General Division Registrars and CMC List Judges (Revoked) 4.1.3.1. Teleconferencing Request Form (Revoked) 4.1.4 Case management requests, conferences and related issues 4.2 Mediation and Compromise 4.2.1 The Supreme Court Mediation Programme 4.2.1.1. Request for Mediation Conference 4.2.1.2. Approval and Accreditation of Mediators (Revoked) 4.2.2 Applications for Leave to Compromise by Persons under a Disability 4.2.3 Compromise (settlement) after entry for trial/hearing (Refer to PD 4.4.3) 4.3 Interlocutory Disputes 4.3.1 Masters Chambers 4.3.2 Conferral prior to making an application 4.3.3 Certificate or Undertaking of Solicitor or Counsel on Urgent Chambers Applications 4.3.4 Interlocutory Injunctions - Usual Undertakings as to Damages 4.3.5 Interlocutory Applications - Time for Filing Affidavits 4.3.6 Costs of Interlocutory Applications (refer to PD 4.7.1) 4.3.7 Subpoenas and items in court custody 4.3.7.1. Subpoena Cover Sheet 4.3.7.2. Application to access subpoenaed documents (for issuing party seeking inspection) 4.3.7.3. Application to uplift subpoenaed documents 4.4 Entry for Trial 4.4.1 Case Evaluation and Pre-Trial Directions Prior to Entry for Trial 4.4.1.1. Full Case Evaluation Checklist 4.4.2 Entry for Trial 4.4.3 Compromise (settlement) after cause, matter or issue has been entered for trial/hearing 4.5 Evidence in Chief – Witness Outlines and Witness Statements 4.6 Civil Judgments , Orders and Reasons for Decision 4.6.1 General 4.6.2 Expedited Processes for Urgent Orders 4.6.3 Extraction of Orders made in the CMC List 4.6.4 Applications for a Means Inquiry Summons under to the Civil Judgements Enforcement Act 2004 4.6.5 Filing and Enforcing a Judgment Pursuant to Part 6 of the Service and Execution of Process Act 1992 (Cth) 4.7 Costs and Taxations 4.7.1 Costs of Interlocutory Applications 4.7.1.1. Schedule of Standard Costs Orders for Interlocutory Applications 4.7.2 Provisional Assessment of Bills of Costs 4.7.3 Use of Schedules in Bills of Costs, Agreed Costs, Modes of Taxation and Directions 4.7.3.1. Sample bill of costs schedule (getting up) 4.7.4 Applications for a costs assessment - Part 10 Division 8 of the Legal Profession Act 2008 4.7.4.1. How to complete an application for assessment of costs form 4.7.4.2. Sample memorandum of conferral 4.7.4.3. Sample application for assessment of costs 4.7.4.4. Sample taxing officer's certificate 4.7.5 Applications for a costs assessment made out of time - s 295 of the Legal Profession Act 2008 4.8 Payment into Court 4.8.1 Monies paid into Court to be deposited with the Public Trustee for investment 4.8.1.1. Sample Request for Payment out of Court 4.9 Third Party Notices 4.9.1 Filing and Issuing Third Party Notices 5. General Division - Criminal 5.1 Magistrates Court - Stirling Gardens 5.2 Disclosure of DNA Reports 5.2.1 Guidelines for Disclosure of DNA Reports in Supreme Court and District Court Indictable Matters 5.2.1.1. Sample Summary of Preliminary Findings Form 5.3 Protocol for Voluntary Criminal Case Conferencing 5.4 Applications under the Criminal Procedure Act 2004, s 138 and the Criminal Procedure Rules 2005, r 22 5.5 Early compliance with a witness summons to produce a record or thing 5.6 Confidentiality of Pre-Sentence and other Reports relevant to Sentence 5.7 Published Written Sentencing Remarks 5.8 Case Management 5.9 Applications for a bail hearing or rehearing where charges are pending in the Magistrates Court 5.10 Accused answering their bail at an alternate venue 5.11 Victim Impact Statements 6. General Division - Appeals to a Single Judge 6.1 Commencing a Criminal Appeal from the Magistrates Court to a Single Judge 6.1.1 Prohibited Behaviour Orders (refer to PD 9.12) 6.2 Bail applications connected with criminal appeals to a Single Judge 6.3 Confidentiality of Pre-Sentence and other Reports relevant to Sentence 6.4 Entry for hearing - Criminal and Civil Appeals to a Single Judge (SJAs and GDAs) 6.4.1 Entry for hearing form - Criminal Appeal to a Single Judge (SJA) 6.4.2 Entry for hearing form - Civil Appeal to a Single Judge (GDA) 7. Court of Appeal 7.1 Application of O 3 r 3 Rules of the Supreme Court 1971 to the Supreme Court (Court of Appeal) Rules 2005 7.2 Filing of Documents with the Court of Appeal by Fax Transmission (refer to PD 1.2.2) 7.3 Court of Appeal Mediation Programme (refer to PD 4.2.1 par 37) 7.4 Review of Evidence in Appeals 7.5 Confidentiality of Pre-Sentence and other Reports relevant to Sentence (refer to PD 5.6) 7.6 Published Written Sentencing Remarks (refer to PD 5.7) 8. Reasons for Decision 8.1 Delivery of Reserved Decisions and Reasons for Decision 8.2 Publication of Reasons for Decision 8.2.1 Limitation on Publication of Identifying Information in Reasons for Decision in Fraud and Defamation Cases 8.2.2 Media Neutral Citation for Reasons for Decision and Sentencing Remarks 8.2.3 Categorisation of Reasons for Decision for Publication 8.2.4 Deletion of 'Case(s) also cited' from Reasons for Decision 8.2.5 Removal of judgments from the internet 8.2.6 Published Written Sentencing Remarks (Refer to PD 5.7) 9. Specialised Procedures 9.1 Probate - Non-Contentious or Common Form 9.1.1 Postal applications in the Probate Office 9.1.2 Death Certificates 9.1.3 Statements of Assets and Liabilities 9.1.3.1. Statement of Assets and Liabilities 9.1.4 Notice to Non-Applying Executors 9.2 Probate Actions (Contentious Matters) 9.2.1 Proof of Will 9.2.2 Family Provision Act 1972 (WA) 9.3 Wills Act 1970 9.3.1 Wills Act 1970, pt XI and pt XII 9.4 Mortgage Actions 9.4.1 Default Judgments in Mortgage Actions 9.4.1.1. Checklists for default judgment in a mortgage action against a mortgagor defendant 9.5 Corporations 9.5.1 Disclosure by Insolvency Practitioners as to Fees to be Charged (Revoked) 9.5.2 Schemes of Arrangement 9.5.2.1. Notice - Section 441(1) of the Corporations Act 2001 (Cth) 9.5.3 Corporations List 9.6 Order 52A - Freezing Orders & Order 52B - Search Orders 9.6.1 Freezing Orders (Mareva Orders) 9.6.1.1. Example form of Freezing Order without notice being given to the Respondent (ex parte) 9.6.2 Search Orders (Anton Piller Orders) 9.6.2.1. Example Form of Search Order 9.7 Applications to the Supreme Court - Coroners Act 1996 9.8 Parliamentary Commissioner Act 1971 9.9 Applications by Law Enforcement Officers under pt 4 & pt 5 of the Surveillance Devices Act 1998 9.10 Procedures relating to the confiscation of criminal property proceedings 9.11 Cross-Border Insolvency - Cooperation with Foreign Courts or Foreign Representatives 9.12 Prohibited Behaviour Orders 9.13 Interpreting and Language Services Guidelines 9.13.1 Protocol for the Use of Interpreters 9.13.2 Interpreter Booking Request form 9.14 Applications under pt 2 div 5 of the Witness Protection (Western Australia) Act 1996 9.15 Applications under pt 6 div 3 of the Corruption, Crime and Misconduct Act 2003 (WA) 9.16 Applications under the Criminal Investigation (Covert Powers) Act 2012 (WA) 9.17 Review and other proceedings related to Preventative Detention Orders and Prohibited Contact Orders under the Terrorism (Preventative Detention) Act 2006 (WA) 9.18 Applications under the Terrorism (Extraordinary Powers) Act 2005 10. Practitioners 10.1 Admissions 10.1.1 Register of Practitioners (Revoked) 10.1.2 Admission of Practitioners - Legal Profession Act 2008 (WA) 10.1.3 Mutual Recognition (Western Australia) Act 2010 & Trans-Tasman Mutual Recognition (Western Australia) Act 2007 10.1.3.1. Notice of Application for Admission 10.2 Change of Name of Practitioners 10.3 The Appointment of Senior Counsel in Western Australia 10.4 Court Dress 10.5 Practising Solely as a Barrister Do'stlaringiz bilan baham:
