Western Australian Consolidated Regulations Western Australian Consolidated Regulations (1) This rule does not
apply to an appeal, or an application for leave to appeal, made under the
Criminal Appeals Act 2004.
(2) The parties to a
case may consent to the making of an order or direction in the case by lodging
one or more documents that —
(a) set
out the order or direction sought; and
(b)
evidence each party’s consent to the making of the order or direction.
(3) A party may lodge
a document under subrule (2) by fax or electronically in accordance with
any practice direction made for the purposes of this rule.
(4) A document lodged
by fax or electronically is to be taken to have been lodged —
(a) if
the whole document is received before 4.00 p.m. on a day when the
court’s registry is open for business, on that day;
(b)
otherwise, on the next day when the court’s registry is open for
business.
(5) If one or more
documents are lodged under subrule (2), a judge or registrar, if
satisfied that it is appropriate to make the order or direction, may make the
order or direction —
(a) in
the absence of an application for the order or direction; and
(b)
without hearing the parties.
(6) A registrar cannot
make an order or direction under subrule (5) that would finally determine
a prosecution.
[Rule 25A inserted in Gazette
8 Nov 2011 p. 4674.]