CONSOLIDATED PRACTICE DIRECTIONS

1 CONSOLIDATED PRACTICE DIRECTIONS THE SUPREME COURT OF WESTERN AUSTRALIA 2009 (as updated on 21 March 2022) 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: Table of Amendments 2012 - 2014 Date PRACTICE Direction (PD) Number Replacement Pages 02/04/2012 Complete Reissue of the Supreme Court's CONSOLIDATED PRACTICE DIRECTIONS further to a formatting update of the whole document. All 27/7/2012 Insertion of PD Interpreting and language Services Guidelines; Protocol for the Use of Interpreters; and Interpreter Booking Request Form.

2 269 - 286 13/8/2012 Insertion of PD Case Management. 159 - 168 Further to insertion of PD and PD , the following pages to be reprinted to ensure correct pagination. vi - viii & 159 onwards 17/9/2012 Insertion of new PD Practicing Solely as a Barrister. 305 - 306 & viii 21/11/2012 Insertion of new PD Notice to Non-Applying Executors. 197 - 200 Further to insertion of PD , the following pages to be reprinted to ensure correct pagination. vii - viii & 197 onwards 12/3/ 2013 Insertion of new allowances in PD -Schedule of Standard Costs Orders for Interlocutory Applications. 119 - 121 13/3/ 2013 Insertion of No 18 into PD - Checklist for Entry for Trial. 98 20/3/ 2013 PD - Commencing an appeal. Amendment to (e) insertion of the word 'certified'; and in and the filing time is now 'six (6) weeks'.

3 169 27/6/ 2013 Insertion of paragraph after (5)(b). 301 - 307 & iii Date PRACTICE Direction (PD) Number Replacement Pages 14/8/ 2013 Revision of PD to allow for earlier access to PSRs and email copies in specified circumstances. 154 - 156 Further to revision of PD , the following pages to be reprinted to ensure correct pagination. iii - ix & 157 onwards 5/12/ 2013 Revision of PD to update procedure on Voluntary Criminal Case Conferencing (pars 3 and 5 updated, new par inserted at 6). 148 - 150 Revision of PD to update links to on-line admission documents. 294 Further to revisions, the following pages to be reprinted to ensure correct pagination. iv - ix & 148 onwards 30/01/2014 Revision of PD to update procedures for the Use of Electronic Devices in Court.

4 35 - 39 PD , subparagraph 2A(b) amended by replacing '1985' with '2012'. 43 Further to revision, the following pages to be reprinted to ensure correct pagination. iv - ix & 35 onwards 21/3/2014 Revision of PD to clarify cost recovery principles and other procedures under the Family Provision Act 1972 (WA) 207 - 210 Further to revision, the following pages to be reprinted to ensure correct pagination. iv - ix & 207 onwards 29/4/2014 Amendment to PD pars 2A(b) and 5 to include proceedings brought pursuant to the International Arbitration Act 1974 (Cth) and to refer to new PD 43 & 44 Insertion of PD - Proceedings brought pursuant to arbitration law 61 Further to revision, the following pages to be reprinted to ensure correct pagination.

5 Iv - ix & 61 onwards 21/5/2014 Insertion of new PD on applications for a bail rehearing where charges are pending in the Magistrates Court 175 - 178 Date PRACTICE Direction (PD) Number Replacement Pages Insertion of new PD to provide for an accused to answer bail at an alternate venue 179 - 180 Revision of PD to adopt similar procedures to PD for bail applications connected with single judge appeals 183 Further to revision, the following pages to be reprinted to ensure correct pagination iv - xi & 175 onwards 21/8/2014 Revision of PD to include a requirement for additional information from parties when a matter is admitted to the CMC list (pars 4 - 5), and the renumbering of par 5 onwards 43 - 48 Correction to PD (15) the reference should be to par 14.

6 193 Further to revision, the following pages to be reprinted to ensure correct pagination v, 43 - 48 & 193 13/10/2014 Revision of PD to provide for CMC List 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). 43 - 49 Revision of PD par 27 to reflect revision to PD par 23. 55 Revision of PD to require no inclusion of 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.

7 79 - 81 Revision of PD to reflect amendment to Supreme Court (Fees) Regulations 2002, sch 1, div 1, item 9 so that fee is only payable upon setting of an appointment to tax a bill of costs (pars 6, 11); and a general restructure and renumbering. 128 - 130 Further to revision, the following pages to be reprinted to ensure correct pagination v, vii - xi & 43 onwards Date PRACTICE Direction (PD) Number Replacement Pages 27/10/2014 General revision of PD , including new 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). 155-158 Amendment to PD par 2 to clarify instructions for completing the Notice of Application for Admission at PD 310-312 Revision of PD to clarify requirements for completing the Notice of Application for Admission.

8 313-317 Further to revision, the following pages to be reprinted to ensure correct pagination vi-xii & 155 onwards 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 ).

9 15/4/2015 PDs & revised and PDs , & rescinded PD renumbered PD revised Revised procedures for entry for trial including rescinding the DIRECTIONS on certificates of readiness and listing conferences, and new arrangements for the payment of fees upon entry for trial. Renumbered to Revision so that provisional assessment of costs is at the discretion of the taxing officer rather than by consent. 5/6/2015 PD 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.

10 9/6/2015 PD 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 - ). 22/9/2015 PD 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 (see revised pars 9, 14, 15 and 22(b)). 1/03/2016 PD revised PD revised PD deleted PD inserted To clarify the scope of the PD (change of title only) Revisions to clarify procedure (pars , , - , , , , ) (in accordance with DIRECTIONS issued for internal use on 12/08/2010) 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 inserted PD inserted PD inserted PD inserted PD revised PD revised Published to assist applicants making applications under pt 2 div 5 of the Witness Protection (Western Australia)