Outline of submissions
45H Outline of submissions
The RSC Order 34 rule 1A does not apply to a case.
A party must file and serve the “Outline of submissions” —
42 days before the trial date, if the party is the plaintiff; or
28 days before the trial date, in the case of any other party.
The Outline of submissions consists of a Form 3 to which is attached —
a document titled “Submissions”; and
a document titled “Legal authorities”; and
if the party wants the Court to make orders, a document titled “List of orders wanted”; and
if the party chooses, a document titled “Draft chronology”.
The document titled “Submissions” —
must contain the contentions of law or fact the party intends to make at the trial, expressed so as to convey the substance of them clearly and as succinctly as possible; and
must set out the contentions in numbered paragraphs; and
must refer to each principal legal authority on which the party relies in support of the contention, and each relevant page or paragraph in that authority; and
must not be more than 10 pages long; and
must be signed by the person who prepared it.
The document titled “Legal authorities” —
must list, and number consecutively, each principal legal authority to which the Court is referred, under these headings in this order —
“Written laws”;
“Judgments”;
“Legal texts”;
and
must mark with an asterisk any legal authority from which it is intended to read any text to the Court at the hearing; and
for each written law listed, include its short title, its jurisdiction and each relevant rule or provision of it; and
[Example:
Written laws:
*1. Interpretation Act 1984 (WA) s. 5 “under”; s. 61.
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