The Supreme Court of WA is the highest ranked state court in Western Australia. It sits on top of both the WA Magistrates Court and the WA District Court. It was originally established in 1861.
You’ll find a range of information relating to the Perth Supreme Court below such as:
- Types of cases the court hears
- Rules of the WA Supreme Court and procedures
- Common forms and fees
- Where you can find previous case judgements
- Information regarding jury duty
- Contact information for the Supreme Court
The Supreme Court of WA is composed of 19 judges, one Master, one Chief Justice of Western Australia, the Principal Registrar, and eight Registrars.
Chief Justice of Western Australia – This person is the most senior judge in the Supreme Court and the highest-ranking judicial officer in WA.
Master – This person only deals with civil matters. They hear interlocutory matters prior to trial as well as corporation applications and ones assigned to them from the civil list.
Registrars – These people also engage in pre-trial work and are completely responsible for case management.
You can see a full list of persons in the above positions here.
Types of cases the Supreme Court hears
Criminal
- The Supreme Court hears the most serious criminal offences. These may include crimes such as murder, armed robbery, arson, manslaughter, major conspiracy charges, and serious breaches of Commonwealth drug enforcement laws.
- As well, the Supreme Court may hear appeals from Magistrates Court and District Court relating to criminal judgements.
Civil
- It has unlimited jurisdiction dealing with civil cases. Although, the Supreme Court mainly deals with disputes involving more than $750,000.
The General Division of the court also deals with Admiralty Law (dealing with ships), Probate Law (disputes over wills), disputed elections, and various applications regarding the Corporations Act.
Court of Appeal
- As there is no state court higher than the Supreme Court, the Court of Appeal sits separately and hears appeals from single judge decisions of the Supreme Court, as well as from lower courts.
WA Supreme Court Rules and Procedures
Hopefully, the Supreme Court is an unfamiliar place to you, which is the reason why you’re checking out this guide. If you’re just curious or going to be visiting soon, it’s best to know the rules of the Supreme Court and its procedures.
The court itself has been kind enough to provide a standard layout of the typical courtroom, and the people who will be in it.
You can find detailed information on each of the positions here.
Supreme Court Rules
Officially, there are over 1,000 different rules of the Supreme Court in WA relating to conducting a trial, case management, witnesses, pleadings, amendments, affidavits, subpoenas, giving evidence, jurisdiction, taxation of costs, and far too much more to list.
If you are interested in reading them all, click here.
Some of the more general rules applicable to the public include:
- Talking, smoking, or eating in the court is not permitted.
- Dress appropriately as a judge can remove you for inappropriate clothing.
- Mobiles must be turned off in the courtroom.
- Visual and audio recording devices are not permitted to be used without the prior consent of the judge.
Criminal Trial Procedure
- The accused is seated in the area set aside, such as the one in the above diagram.
- The prosecutor reads the details of the offence, with a final question to the accused to plead guilty or not guilty.
- The accused enters their plea.
- If the accused pleads not guilty, a trial commences.
- A jury is selected by ballot from a panel of jurors.
- Prosecutor presents the case against the accused.
- Defence may add some information.
- Prosecutor calls witnesses to give evidence.
- Defence is allowed to cross-examine (ask questions) to witnesses.
- Prosecutor may clarify questions asked to witness by the defence.
- Repeat for the defence’s case.
- A final case is made by the prosecutor and defence to the jury.
- Judge advises the jury of relevant laws relating to the case which the jury must consider.
- Jury leaves the courtroom to reach a verdict.
- Upon return, the jury announces their verdict.
- If not guilty, the accused is acquitted and usually free to leave.
- If guilty, the accused is convicted and will be sentenced by the judge.
- The judge may remand the offender in custody if more information is required before a sentence can be made.
Civil Trial Procedure
- Usually begin with the filing of a writ, summons, or notice depending on the case.
- A number of procedures following before a trial commences.
- Some of these procedures may include mediation and negotiation to try and settle the matter out of court.
- If an out of court solution is unable to be made, a hearing is set.
- The trial procedure is similar to above, except for the fact a jury is rarely involved. And the person(s) who brought forth the case are known as the plaintiff(s) whilst the person(s) defending are the defendant(s).
- The judge decides the judgement based on the facts presented, current acts, and past precedent.
- The unsuccessful party is ordered to pay all costs plus any damages.
Supreme Court Fees and Forms
As matters in the Supreme Court are usually quite complicated, we don’t recommend filling any of the forms without the assistance of an experienced lawyer in Perth.
You can find all the civil forms here, and all the criminal forms here. The Court of Appeal forms can be found here.
Fees
Fees of the Supreme Court are quite extensive. If you are considering filing an application, you should seriously consider the possible total cost of the action and if you are able to afford it.
Civil Fees
- Filing originating process
- Fee for individuals and eligible entities – $1,205.00
- Fee for entities – $2,348.00
- Fee for eligible individuals – $100.00
- Entry for hearing
- Fee for individuals and eligible entities – $1,205.00
- Fee for entities – $2,348.00
- Fee for eligible individuals – $100.00
- Daily hearing fees
- Fee for individuals and eligible entities – $807.00
- Fee for entities – $2,094.00
- Fee for eligible individuals – $0.00
- Filing chamber matters
- Fee for individuals and eligible entities – $283.00
- Fee for entities – $550.00
- Fee for eligible individuals – $85.00
All the civil fees can be found here.
Court of Appeal Fees
- Filing the appeal notice
- Fee for individuals and eligible entities – $201.00
- Fee for entities – $521.00
- Fee for eligible individuals – $60.50
- Filing appellants/respondents case
- Fee for individuals and eligible entities – $3,029.00
- Fee for entities – $7,870.00
- Fee for eligible individuals – $100.00
- Daily hearing fees
- Fee for individuals and eligible entities – $807.00
- Fee for entities – $2,094.00
- Fee for eligible individuals – $0.00
- Setting down fee
- Fee for individuals and eligible entities – $1,010.00
- Fee for entities – $1,9640.00
- Fee for eligible individuals – $100.00
All the Court of Appeal fees can be found here.
Supreme Court of WA Judgments
All of the judgment, sentences, and reasonings are made available online unless otherwise ordered by the judge.
Click here to view all of the Supreme Court sentences, here to see the recent civil judgments, and here to find the recent criminal judgments.
Copies of transcripts can be obtained by submitting this DOC form, calling (08) 9421 5333, or emailing courttranscriptsc@justice.wa.gov.au
Supreme Court Jury Duty
What is a jury?
A jury is comprised of 12 to 18 people who have been randomly chosen from the Western Australian Electoral Commission. Each jury member is sworn in to maintain the issue of facts and return a verdict in criminal trials.
If you have been summoned for jury duty, you must attend at the request location and time. If you are unable to attend, contact the court on the details provided in the summons.
WA Supreme Court List/Contact
Supreme Court of Western AustraliaAddress: Barrack Street & St Georges Terrace, Perth WA 6000 |