Western Australian Repealed Regulations

This legislation has been repealed.

SUPREME COURT (MENTAL HEALTH) RULES 1965

TABLE OF PROVISIONS

           I -- Preliminary  
   1.      Citation
            
   2.      Interpretation
            
   3.      How to enlarge or abridge time
            
   4.      Rules of the Supreme Court to apply
            
   5.      Titles
            
   6.      Rules subject to variation by special order
           II -- Mode of application  
   7.      Commencement of proceedings
            
   8.      Certain proceedings to be heard by Judge
            
   9.      Proceedings may be adjourned to open Court
            
   10.     Hearing of proceedings
            
   11.     Powers of Master in proceedings before him
            
   12.     Contumacious witness
            
   13.     Forms to be completed
           III -- Parties  
   14.     Relatives and other interested persons may be made parties
            
   15.     Power to direct application by Public Trustee
            
   16.     Managers to represent incapable person
            
   17.     Representation of incapable person by Public Trustee
            
   18.     Representation of parties
           IV -- Service  
   19.     Service of summons generally
            
   20.     No service where defendant consents
            
   21.     Mode of service
            
   22.     Notice of application
            
   23.     Court may dispense with Summons
           V -- Evidence  
   24.     Evidence generally
            
   25.     Evidence to be by Affidavit
            
   26.     Power to accept unsworn evidence
            
   27.     Use of evidence in subsequent proceedings
            
   28.     Evidence to be filed on originating application
            
   29.     Evidence of patient’s death or recovery
            
   30.     Order for examination of patients or incapable persons
           VI -- Managers  
   31.     Interim provision for managing affairs of patient or incapable person
            
   32.     Appointment of managers with survivorship
           VII -- Appeals  
   33.     Appeal from Master
            
   34.     Appeal from an order not made on summons
           VIII -- Security  
   35.     Manager to give security
            
   36.     Manner of giving security
            
   37.     Appropriation of security lodged
            
   38.     Discharge of security where new security given
            
   39.     Maintenance of security by bond
           IX -- Accounts  
   40.     Passing of accounts
            
   41.     Application of balance due from manager
            
   42.     Default by manager
            
   43.     Payment of maintenance and costs
            
   44.     Final accounts
            
   45.     Accounts of corporate trustees
           X -- Inquiries  
   46.     Court may call for inquiries and reports
            
   47.     Inspection of patient’s property
            
   48.     Court may inquire into prior dealings with patient’s property
            
   49.     Court may inquire as to testamentary documents
            
   50.     Other inquiries
           XI -- Custody and disposal of fund and other property  
   51.     Statement of property retained or deposited
            
   52.     Transfer of stock under s.71 of the Act
            
   53.     Disposal of property on the death or recovery of an incapable person
           XII -- Settlement and approval of deeds  
   54.     Document to be settled by Court
            
   55.     Authentication by seal
           XIII -- Fees
           XIV -- Costs  
   58.     Costs, generally
            
   59.     Cost of unnecessary employment of solicitor etc. not to be allowed
            
   60.     Costs of Public Trustee
            
   61.     Ascertainment of prior costs
           XV -- Revocation of previous rules and transitional provisions  
   62.     Interpretation
            
   63.     Revocation
            
   64.     Proceedings pending under revoked rules
            
   65.      Existing orders to remain in force
            
   66.     Passing of accounts pursuant to existing orders
            
   67.     Prior percentages and fees to apply in certain cases
           SCHEDULE
           Compilation table