Final Report (September 1999) - Law Reform Commission of ...
REVIEW OF THE CRIMINAL AND CIVIL JUSTICE SYSTEM creation of a ‘rolling list’ to accommodate changes which occur from day to day. At present this may only be feasible at the Perth Courts of Petty Sessions. 301. There should be a limit on the length of time a trial hearing, which has already commenced, can be adjourned. Save in exceptional circumstances, an adjournment of a part heard matter, if necessary, should be from one working day to the next. 238
28 Preliminary Hearings What are preliminary hearings for? Historical development 28.1 The historical purpose of preliminary hearings, also known as committal hearings, was to ensure that defendants were not put to trial on indictment without sufficient cause. However, in the absence of alternative processes for disclosure, the process has evolved into a mechanism for the defence to obtain information about the prosecution’s case. It now also serves several tactical purposes, particularly valued by the defence, including an opportunity for a ‘rehearsal’ of the trial. Although most defendants choose not to have preliminary hearings, a not insubstantial number are held and consume time and resources in the Courts of Petty Sessions where preliminary hearings are conducted. These hearings seldom result in the dismissal of charges laid. 28.2 Some form of preliminary consideration of a charge on indictment has existed in England for many centuries. The preliminary hearing in its present form dates from the combined operation of the English Prisoner’s Counsel Act 1836 (UK) and Indictable Offences Act 1848 (UK). With some modifications those Acts form the basis of the preliminary hearing procedure in the Justices Acts of all Australian jurisdictions to the present day. 28.3 In Western Australia, the preliminary hearing process dates from 1850. The process of committal found its way into the Justices Act of 1902 and remained largely unaltered until the introduction of the hand-up brief procedure in 1976. This procedure gives a defendant the right to elect whether or not to have a preliminary hearing and requires the prosecution to give the defendant certain information in order to make that decision. The reform was based on the recommendations of the predecessor of this 239
REVIEW OF THE CRIMINAL AND CIVIL JU
REVIEW OF THE CRIMINAL AND CIVIL JU
1 Touchstones The legal system on t
TOUCHSTONES Procedure Expense and d
TOUCHSTONES criminal justice system
TOUCHSTONES him or her adversely. W
2 The Justice System The existing s
THE JUSTICE SYSTEM acts even though
THE JUSTICE SYSTEM various Acts and
3 The Civil System The origins of o
THE CIVIL SYSTEM • in which a dis
THE CIVIL SYSTEM Pleadings as forma
THE CIVIL SYSTEM • settlement and
THE CIVIL SYSTEM own costs but also
4 The Criminal System The criminal
THE CRIMINAL SYSTEM Sessions. If a
THE CRIMINAL SYSTEM Jury or judge a
5 Measuring the Justice System The
MEASURING THE JUSTICE SYSTEM civil
MEASURING THE JUSTICE SYSTEM increa
MEASURING THE JUSTICE SYSTEM • th
6 The Adversarial System of Civil L
THE ADVERSARIAL SYSTEM OF CIVIL LIT
THE ADVERSARIAL SYSTEM OF CIVIL LIT
7 The Adversarial System of Crimina
THE ADVERSARIAL SYSTEM OF CRIMINAL
THE ADVERSARIAL SYSTEM OF CRIMINAL
THE ADVERSARIAL SYSTEM OF CRIMINAL
THE ADVERSARIAL SYSTEM OF CRIMINAL
8 Civil System — Overview Alterna
CIVIL SYSTEM — OVERVIEW 8.7 The S
9 Means of Commencing Civil Proceed
MEANS OF COMMENCING CIVIL PROCEEDIN
10 Pleadings What are pleadings? Ar
PLEADINGS Accordingly, we recommend
PLEADINGS What should case statemen
PLEADINGS highly critical of the cu
PLEADINGS Amending case statements
PLEADINGS (1) the documentation for
11 Alternative Dispute Resolution W
ALTERNATIVE DISPUTE RESOLUTION or w
ALTERNATIVE DISPUTE RESOLUTION Acce
ALTERNATIVE DISPUTE RESOLUTION to b
ALTERNATIVE DISPUTE RESOLUTION It w
ALTERNATIVE DISPUTE RESOLUTION 63.
ALTERNATIVE DISPUTE RESOLUTION to m
12 Case Management Case management
CASE MANAGEMENT 78. A listing confe
CASE MANAGEMENT 81. Any case dismis
13 Disclosure What is discovery? Un
DISCLOSURE directly relevant to a m
DISCLOSURE 89. When it is clear tha
14 Summary Judgment, Interlocutory
SUMMARY JUDGMENT, INTERLOCUTORY INJ
SUMMARY JUDGMENT, INTERLOCUTORY INJ
SUMMARY JUDGMENT, INTERLOCUTORY INJ
15 Written and Oral Submissions Wri
WRITTEN AND ORAL SUBMISSIONS should
16 Civil System — Costs Civil cos
CIVIL SYSTEM — COSTS 116. Order 8
CIVIL SYSTEM — COSTS quantum invo
CIVIL SYSTEM — COSTS 123. The req
CIVIL SYSTEM — COSTS 128. An Orde
CIVIL SYSTEM — COSTS Assessment o
CIVIL SYSTEM — COSTS Lump sum cos
CIVIL SYSTEM — COSTS Costs to det
CIVIL SYSTEM — COSTS the end of t
17 Local Courts The Local Court Equ
LOCAL COURTS Commencing proceedings
LOCAL COURTS 168. If a party verifi
LOCAL COURTS 171. Notice of Intenti
LOCAL COURTS 178. As soon as practi
LOCAL COURTS Summary judgment in th
LOCAL COURTS Witnesses 17.26 We are
18 Self-Represented Litigants Self-
SELF-REPRESENTED LITIGANTS we are c
SELF-REPRESENTED LITIGANTS make cou
SELF-REPRESENTED LITIGANTS how to i
19 Unreasonable and Malicious Litig
UNREASONABLE AND MALICIOUS LITIGANT
UNREASONABLE AND MALICIOUS LITIGANT
20 Evidence Why is there a law of e
EVIDENCE • it contains a number o
EVIDENCE evidence is minimised at t
EVIDENCE in chief. The exchange of
21 The Limits of Examination and Cr
THE LIMITS OF EXAMINATION AND CROSS
THE LIMITS OF EXAMINATION AND CROSS
THE LIMITS OF EXAMINATION AND CROSS
33 Boards and Tribunals Boards and
BOARDS AND TRIBUNALS consistent pro
BOARDS AND TRIBUNALS 374. If all bo
BOARDS AND TRIBUNALS 383. Original
BOARDS AND TRIBUNALS 391. Where the
34 The Court Environment Architectu
THE COURT ENVIRONMENT there walls,
THE COURT ENVIRONMENT them. Court s
THE COURT ENVIRONMENT of courts adj
THE COURT ENVIRONMENT 412. Future c
THE COURT ENVIRONMENT Courts’. As
THE COURT ENVIRONMENT Self-represen
THE COURT ENVIRONMENT vulnerable wi
35 Technology and Justice The impac
TECHNOLOGY AND JUSTICE Uniformity i
TECHNOLOGY AND JUSTICE Authenticity
TECHNOLOGY AND JUSTICE 35.17 Recent
TECHNOLOGY AND JUSTICE 35.23 In the
36 The Legal Profession The legal p
THE LEGAL PROFESSION role of the le
THE LEGAL PROFESSION • While ther
THE LEGAL PROFESSION through to the
37 Private Civil Courts The adversa
PRIVATE CIVIL COURTS 446. Private c
Appendix 1 Acknowledgments The memb
ACKNOWLEDGEMENTS Charles Brookes Do
ACKNOWLEDGEMENTS Lizzie Hill Gisell
ACKNOWLEDGEMENTS Hon Judge MDF O’
ACKNOWLEDGEMENTS Anna Wasylkewycz M
GLOSSARY Applicant Application to s
GLOSSARY Disbursements Discovery Mo
GLOSSARY 'Interest-based' mediation
GLOSSARY Plaint Plaintiff Practisin
GLOSSARY and a timetable for the ca
REVIEW OF THE CRIMINAL AND CIVIL JU
Bibliography of In-text References
BIBLIOGRAPHY of Court Rules and Pro
BIBLIOGRAPHY Family Law Act 1975 (C
REVIEW OF THE CRIMINAL AND CIVIL JU
List of Recommendations The justice
RECOMMENDATIONS 14. The Criminal Co
RECOMMENDATIONS (3) the practitione
RECOMMENDATIONS (2) if a practition
RECOMMENDATIONS 54. The current pra
RECOMMENDATIONS 74. The neutral con
RECOMMENDATIONS specified in the li
RECOMMENDATIONS 106. Either party s
RECOMMENDATIONS 124. Court staff sh
RECOMMENDATIONS 141. Limited contin
RECOMMENDATIONS 160. All Local Cour
RECOMMENDATIONS 174. Unless good ca
RECOMMENDATIONS practice direction
RECOMMENDATIONS 203. The Local Cour
RECOMMENDATIONS (3) The Act include
RECOMMENDATIONS 226. The use and ex
RECOMMENDATIONS 246. Where there ar
RECOMMENDATIONS 258. If practicable
RECOMMENDATIONS can be overcome by
RECOMMENDATIONS (3) enabling senten
RECOMMENDATIONS (3) any other agree
RECOMMENDATIONS at the close of the
RECOMMENDATIONS 340. When a ruling
RECOMMENDATIONS be made before the
RECOMMENDATIONS 376. The WACAT shou
RECOMMENDATIONS 393. Full-time and
RECOMMENDATIONS seek feedback from
RECOMMENDATIONS 436. All technologi
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