Western Australian Consolidated Regulations Western Australian Consolidated Regulations (1) This rule does not
apply in the case of a claim to recover possession of real property.
(2) If the registrar
at a pre‑trial conference is of the opinion that it is unlikely that the
case will be settled, the registrar must order each party to lodge a listing
conference memorandum in accordance with subrule (3) by the day specified
in the order.
(3) The listing
conference memorandum must be in the approved form and must —
(a)
include a concise statement of the issues of fact and law that the party
contends will need to be determined at the trial; and
(b)
state how each allegation of fact will be proved; and
(c)
state the name, address, occupation and qualification of each witness the
party will call to give oral evidence at the trial; and
(d)
unless the registrar or the Court orders otherwise, annex a statement in the
approved form of the intended evidence of each witness who is not an expert
witness.
(4) When all the
parties have complied with the order the registrar must —
(a) give
a copy of each party’s listing conference memorandum to the other
parties; and
(b) list
the case for a listing conference.
(5) If a party does
not comply with the order, the registrar may, after giving 10 days notice
to the party, give default judgment against the party, and in that case
Part 5, except rule 24, with any necessary modifications, applies in
relation to the default judgment.
[Rule 43A inserted in Gazette
3 Jun 2008 p. 2132‑3; amended in Gazette
2 Jul 2010 p. 3192.]