Order (General Form) (Form 78)

Under O 59 r 10 of the Rules of the Supreme Court 1971 (WA), an order must be in Form 78 or another applicable form and is prepared by the party entitled to it; it need not recite the affidavits filed in support. Order 43 governs drawing up: orders are drawn up under the direction of a registrar (r 1(1)), the party bespeaking an order files a draft (r 6), and an order is authenticated when signed by the registrar and sealed (r 3(2)). Form 78 is also the minute of proposed orders that a party can attach to a letter asking the case manager for an interlocutory order or direction (O 4A r 5B(1)(b)).

When you need it

• You are drawing up an order made in chambers or in court so it can be sealed and entered.
• You are writing to the case manager under O 4A r 5A to request an interlocutory order or direction and attach a minute of the proposed order.
• The parties have agreed on an order and are filing a written consent so it can be made without a hearing (O 43 r 16).

1. 1

   Copy the heading

   Use the heading as in the proceeding: court, number and parties.

2. 2

   Record the judicial officer and date

   Schedule 2 Form 78 has fields for the judicial officer or officers and the date of the order. The order takes effect from its date (O 42 r 2).

3. 3

   Set out the orders

   After 'The Court orders (or declares)', write each order as a separate numbered paragraph. An order to do something other than pay money must state the time for doing it (O 42 r 3). Include the costs order.

4. 4

   Leave the signature block

   The order is signed by the judicial officer or registrar and sealed by the Court; do not sign it yourself.

• File the draft through eLodgment on the eCourts Portal (O 67A r 3), in .docx format (CPD 1.2.1). The Court's forms page lists 2 copies.
• The party with carriage has the first option to have the order approved; another affected party may do so if it does not act within 3 days (O 43 r 1(2)). If the draft is not filed within 7 days after the order is pronounced, the registrar may decline to settle it without leave (r 6(2)).
• A party may apply within 7 days after a draft is settled to have it altered to match the order as pronounced (r 15).
• Some simple orders, such as extending time, need not be drawn up unless the Court directs (O 43 r 2).

• The Court's Word template uses an older layout ('Before the Honourable Justice [or Master] in Chambers. Upon the application of ... It is ordered that'). Schedule 2 Form 78 now uses 'Judicial officer(s)', 'Date of order' and 'The Court orders (or declares)' with numbered paragraphs. Follow the current Schedule 2 layout.
• A minute filed with a letter request must be filed, emailed to the case manager's associate and given to the other parties at least 2 clear days before the case manager is asked to act (O 4A r 5B(1) and (2)).
• A consent order must state that it is made by consent (O 43 r 16(3)).