Legal Aid (Unassisted Persons Costs) Rules 1984 (WA)

Western Australia Legal Aid Commission Act 1976 Legal Aid (Unassisted Persons Costs) Rules 1984 Reprinted under the Reprints Act 1984 as at 5 December 2003

Western Australia Legal Aid (Unassisted Persons Costs) Rules 1984 Contents 1. Citation 1 2. Application 1 3. Interpretation 1 4. Modification of section 45(1) of the Act 2 5. Application to be filed 2 6. Entry of appearance 3 7. Listing of application subject to compliance 4 8. Applicant to apply for time and place of hearing 4 Schedule Notes Compilation table 8 Defined terms Reprinted under the Reprints Act 1984 as at 5 December 2003

Western Australia Legal Aid Commission Act 1976 Legal Aid (Unassisted Persons Costs) Rules 1984

1. Citation These rules may be cited as the Legal Aid (Unassisted Persons Costs) Rules 1984 1.

2. Application These rules apply to and in relation to any application made or sought to be made under section 45 of the Act and in relation to any application made under that section that is pending at the time that these rules come into operation.

3. Interpretation In these rules, unless the contrary intention appears — application means an application by an unassisted person for an order; order means an order of a court or tribunal made under section 45 of the Act that the whole or any part of the costs of an unassisted person be paid to him by the Commission; rule means one of these rules; the Act means the Legal Aid Commission Act 1976.

4. Modification of section 45(1) of the Act The provisions of section 45(1) of the Act in their application to an unassisted person who is concerned in a proceeding in a fiduciary, representative or official capacity are modified so that they apply to him only in that capacity and for the purposes of determining whether an order should be made in a case in which such an unassisted person is a party the court or tribunal shall have regard to — (a) the value of the property, estate or fund out of which the unassisted person is entitled to be indemnified; (b) the resources of the persons, if any, who are beneficially interested in that property, estate or fund; and (c) if there is no property, estate or fund available from which the unassisted person can be indemnified, the resources of the unassisted person.