Western Australian Consolidated Regulations Western Australian Consolidated Regulations (1) If a registrar or
the Court allows a party to amend its case statement, the party must, together
with the amended case statement, lodge and serve a statutory declaration in
accordance with subrule (2) or (3).
(2) If the party is
not represented by a lawyer, the statutory declaration must be made by the
party and must state that —
(a) any
new or amended allegations of fact in the case statement are true to the best
of the party’s belief; and
(b) the
case statement is not frivolous, vexatious, scandalous or improper.
(3) If the party is
represented by a lawyer, the statutory declaration must be made by the
party’s lawyer and must state that —
(a) the
party has instructed the lawyer that all of the allegations of fact in the
amended case statement are true and correct; and
(b) all
the arguments raised in the amended case statement are, in the opinion of the
lawyer, reasonable; and
(c) in
the opinion of the lawyer the amended case statement is not frivolous,
vexatious, scandalous or improper.
[Rule 41D inserted in Gazette
3 Jun 2008 p. 2131‑2.]