Outline of Submissions (Form 3)

Rule 45H of the District Court Rules 2005 (WA) requires each party to an action commenced by writ to file and serve an "Outline of submissions" before trial. The outline is a Form 3 with documents attached in a set order: "Submissions", "Legal authorities", a "List of orders wanted" if the party wants the Court to make orders, and, if the party chooses, a "Draft chronology" (r 45H(2)). Rule 61 applies the same outline to some interlocutory and appeal hearings, with shorter time limits. The Court's civil practice notes say the outline should focus on the key factual or legal disputes on which the case will turn, not canvass every issue (PNC 2.7).

When you need it

• Your District Court action was commenced by writ and has a trial date. Part 4A, including r 45H, applies only to actions commenced by writ (r 45A).
• Your application is listed for a special appointment in a judge's or registrar's chambers, which r 61 covers unless the Court orders otherwise.
• You are a party to an appeal from a registrar, an appeal to the District Court, or a Prohibited Behaviour Orders Act 2010 s 5 application (r 61(2)(b)).
• A judge or registrar has ordered that an application involving complex or difficult issues is subject to r 61 (r 61(2)(a)).

1. 1

   Fill in the heading

   Enter the action number and, if the matter is not held at Perth, the location of the relevant registry (note 1 to Form 3). Under "Matter" list the names of all parties.

2. 2

   Identify the party filing

   Give the name of the party filing the outline and whether they are the plaintiff or defendant, or appellant or respondent, then the date of filing.

3. 3

   Complete the notice of attachments

   The form lists the attached documents in the order the rules require. Delete "List of orders wanted" or "Draft chronology" if you are not attaching them (they are marked with an asterisk on the form).

4. 4

   Prepare the Submissions

   Set out the contentions of law or fact you intend to make, in numbered paragraphs, as succinctly as possible. Refer to each principal authority relied on and the relevant page or paragraph. The document must not be more than 10 pages and must be signed by the person who prepared it (r 45H(3)).

5. 5

   Prepare the Legal authorities list

   Number each principal authority consecutively under the headings "Written laws", "Judgments" and "Legal texts", in that order. Mark with an asterisk any authority you intend to read from. For laws give the short title, jurisdiction and relevant provision; for judgments give the authorised report citation (and pinpoint) first, then the medium neutral citation; for texts give the edition and passage (r 45H(4)).

6. 6

   Add orders and chronology if needed

   A "List of orders wanted" sets out the orders you want the Court to make (r 45H(5)). A "Draft chronology" states, in numbered paragraphs in date order, the date and facts of each material event (r 45H(6)).

7. 7

   Sign and date

   The party or the party's legal practitioner signs and dates Form 3.

• Trial: the plaintiff must file and serve the outline 42 days before the trial date, and every other party 28 days before the trial date (r 45H(1)).
• Rule 61 hearings: at least 2 clear working days before the hearing each party must file and immediately serve the outline. At least 7 clear working days before, each party must also file and immediately serve a list of all documents, including affidavits, it intends to rely on or refer to (r 61(4) and (5)).
• Lawyers must eLodge documents in civil proceedings through the Court's electronic case management system (ECMS). A self-represented party should use the ECMS if registered, and otherwise may lodge by email to districtcourt@justice.wa.gov.au (preferred) or in hard copy at the registry (PNC 1.2.1).
• Serve a copy on every other party within the time limit above.

• Keep the Submissions to 10 pages. The Court's practice note explains the limit is there so opening submissions focus on key issues; detailed closing submissions can still be filed later or ordered by the trial judge (PNC 2.7).
• If you miss the r 61 deadline for a special appointment, the presiding registrar may vacate the appointment and list a directions hearing to make consequential orders, including costs thrown away (PNC 1.8.6).
• The Court's Word version of Form 3 still refers to a "lawyer" in the signature block; the current form in the rules says "legal practitioner". Either way, the signature block is for the party or their representative.