Civil Action (Plaintiff) - Supreme Court General Division

How is a Supreme Court of WA action case managed?: Every case has a case manager, and once a defendant appears the case manager may direct a first case management conference, which each party and its lawyer must attend unless directed otherwise (RSC O 4A rr 7(2) and 18). A case is not entered for trial until the case manager has conducted a full case evaluation (O 4A r 18(4)). Requests for orders are usually made by letter with a minute of the orders in Form 78, filed and emailed to the case manager's associate at least 2 clear days ahead (O 4A rr 5A and 5B).

What are the costs consequences of an offer of compromise in the Supreme Court of WA?: If the plaintiff's offer is not accepted and the plaintiff obtains judgment no less favourable, it is ordinarily entitled to its costs before and after the offer, and if the defendant's failure to accept was unreasonable the post-offer costs are taxed on an indemnity basis (RSC O 24A r 10(4) and (5A)).

Jurisdiction: Supreme Court of Western Australia, General Division, actions commenced by writ under the Rules of the Supreme Court 1971 and case managed under Order 4A.

The Process at a Glance: The plaintiff issues a Form 1 writ through the eCourts Portal and serves it personally. Default judgment for a liquidated demand is entered in Form 32 if no Form 6 memorandum of appearance is filed. Otherwise the statement of claim is served within 14 days of appearance, a case management conference sets the timetable, and requests are made by letter with a Form 78 minute or, if contested, by Form 77 summons. Discovery is given by list with a Form 18 verifying affidavit, mediation is held, offers of compromise are made, subpoenas are issued in Forms 21, 21A or 21B with Form 22A attached, and the case is entered for trial after a full case evaluation and listed by a judge.

Key Legislation: Rules of the Supreme Court 1971 (WA) O 4A, O 5, O 6, O 7, O 8 r 5A, O 9, O 12, O 13, O 14, O 20, O 24A, O 26, O 33, O 36B, O 37, O 59 r 4 and r 10 and O 71A r 5; District Court of Western Australia Act 1969 (WA) s 50; Limitation Act 2005 (WA); Civil Judgments Enforcement Act 2004 (WA).

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