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Parliamentary Questions


Question On Notice No. 814 asked in the Legislative Council on 11 August 2022 by Hon Nick Goiran

Question Directed to the: Parliamentary Secretary representing the Attorney General
Parliament: 41 Session: 1


Question

I refer to the Supreme Court Rules Amendment (Legal Profession) Rules 2022 , and I ask:
(a) what was the catalyst for bringing about these amendments to the rules;
(b) who was consulted prior to these amendment rules being finalised;
(c) did any person consulted raise any concerns;
(d) if yes to (c), what were these concerns;
(e) have the finalised amendment rules addressed these concerns; and
(f) if no to (e), why not?

Answered on 21 September 2022

(a) The amendments arose as a consequence of the Legal Profession Uniform Law Application Act 2022 repealing the Legal Profession Act 2008 and introducing the Legal Profession Uniform Law scheme in Western Australia. This necessitated amendments to the Criminal Procedure Rules 2005, the Non-contentious Probate Rules 1967, the Rules of the Supreme Court 1971 and the Supreme Court (Court of Appeal) Rules 2005.

(b) The Chief Justice of the Supreme Court, with the assistance of the State Solicitor's Office, was involved in the preparation of these amendments, prior to His Honour making the amendment rules.

(c) - (f) Not applicable.