Supreme Court (Court of Appeal) Rules 2005 (WA)

Western Australia Supreme Court Act 1935 Supreme Court (Court of Appeal) Rules 2005 Western Australia Supreme Court (Court of Appeal) Rules 2005 Contents Part 1 — Preliminary 1. Citation 1 2. Commencement 1 3. Interpretation 1 4. Application of these rules 1 5. Application of the Rules of the Supreme Court 1971 1 Part 2 — Delegated jurisdiction Division 1 — General 5A. Delegated jurisdiction may be exercised by Court of Appeal 1 Division 2 — Single judge's jurisdiction 7. General jurisdiction 1 Division 3 — Reviewing decisions by a single judge 8. Application for review by Court of Appeal 1 9. Dealing with the application 1 Division 4 — Registrar's jurisdiction 10. General jurisdiction 1 11. Registrar may refer questions to single judge or Court of Appeal 1 12. Hearing before single judge or registrar, parties to be notified 1 13. Written order by registrar, issue and service of 1 Division 5 — Reviewing decisions by a registrar 15. Application for review by single judge 1 16. Dealing with the application 1 Division 6 — Miscellaneous 17. Consequences of non‑attendance by party 1 18. Decisions made in absence of party 1 19. Decisions made on the papers 1 Part 3 — Administrative matters 20. Completion of forms 1 21. Filed documents, technical requirements 1 22. Filed documents to be served 1 22A. Service of documents 1 Part 4 — Duties of legal practitioners who act for parties 23. Duty to notify when acting for a party 1 24. Presumptions as to who is acting for a party 1 Part 5 — Procedure for appeals Division 1 — General 25. Nature of appeals 1 26. Time for appealing 1 26A. Parties to appeals 1 Division 2 — Commencing an appeal 26B. Term used: alleged evidence 1 27. When appeal is commenced 1 28. Commencing appeal under Criminal Appeals Act 2004 Part 2 Division 3 or Part 3 1 28A. Commencing appeal under Criminal Appeals Act 2004 Part 3A 1 29. Commencing civil appeal 1 29A. Service of appeal documents 1 30. Primary court to be notified and to supply records 1 31. Respondent's options 1 31A. Cross appeals 1 31B. Time within which to file "Appellant's case" 1 32. "Appellant's case" to be filed 1 33. "Respondent's answer" to be filed 1 34. When "Appellant's reply to respondent's notice of contention" is required 1 Division 3 — Appeal books 35. Appeal book, when required 1 36. Settling of indexes 1 37. Appeal book, general provisions 1 38. Contents of appeal book 1 39. Technical requirements for appeal books 1 40. Sentence appeal, appeal book for 1 41. Appeal book to be prepared by appellant 1 Division 4 — Matters prior to the hearing of any appeal 42. Application of Division 1 42A. Matters requiring leave 1 43. Single judge's jurisdiction 1 44. Applying for interim order 1 45. Consenting to orders 1 46. Urgent appeal order, nature of 1 47. Case management 1 48. Applications for adjournments to be made promptly 1 49. Offers of compromise 1 50. Court to be advised immediately of settlement etc. 1 Division 5 — Matters prior to the hearing of a criminal appeal 51. Application of Division 1 52. Applications for certain orders under CAA s. 40(1) 1 53. Single judge's jurisdiction 1 54. Orders made under Criminal Appeals Act 2004 1 55. Proceedings before an examiner 1 56. Special commissioners and assessors (CAA s. 40(1)) 1 Division 6 — Hearing an appeal 57. Hearing date to be set 1 58. Hearings by audio link or video link 1 Division 7 — Concluding an appeal 59. Discontinuing an appeal 1 60. Settling an appeal 1 61. Guideline judgments 1 62. Criminal appeals, certificate of conclusion of 1 63. Other appeals, final orders on 1 64. Return of records and things 1 65. Enforcing judgments and orders 1 66. Costs 1 Part 6 — Referred and other CA matters 67. Referring a legal issue to the Court of Appeal 1 68. Dealing with referred and other CA matters 1 Part 7 — Miscellaneous 69. Removal of District Court appeal into Court of Appeal 1 Schedule 1 — Forms 1. Appeal notice (Criminal Appeals Act 2004 Pt. 2 Div. 3 and Pt. 3) (r. 28) 1 1A. Appeal notice (Criminal Appeals Act 2004 Pt. 3A) (r. 28A) 1 2. Appeal notice (civil) (r. 29) 1 3. Service certificate (r. 29A(2)) 1 4. Notice of respondent's intention (r. 31) 1 4A. Notice of respondent's cross appeal (r. 31A) 1 5. Legal practitioner's notice of acting (Part 4) 1 5A. Service certificate by legal practitioner ceasing to act (r. 24(3)) 1 6. Notice of self-representation (r. 24) 1 7. Appellant's case (r. 32) 1 8. Respondent's answer (r. 33) 1 9. Application in an appeal (r. 44) 1 10. Consent notice (r. 45 & 60) 1 11. Affidavit cover sheet (r. 21(3)) 1 12. Request for hearing (r. 19) 1 13. Application for review of single judge's or registrar's decision (r. 8 & 15) 1 14. Appeal book, cover page (r. 39(5)) 1 14A. Certificate of correctness of appeal book (r. 41(c)) 1 15. Notice of hearing date (r. 57) 1 16. Discontinuance notice (r. 59) 1 17. Certificate of conclusion of criminal appeal (r. 62) 1 18. Referral of legal issue to Court of Appeal (r. 67) 1 Notes Compilation table 1 Defined terms Supreme Court Act 1935 Supreme Court (Court of Appeal) Rules 2005