7. Court of Appeal
Supreme Court of Western Australia
Consolidated Practice Direction
7.6
Published Written Sentencing Remarks (refer to
PD 5.7)
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Refer to Practice Direction 5.7.
8. Reasons for Decision
Supreme Court of Western Australia
Consolidated Practice Direction
8.
Reasons for Decision
8.1
Delivery of Reserved Decisions and Reasons for
Decision
___________________________________________________________
Timelines
1.
The general policy is that a reserved decision should be delivered as
soon as possible after the completion of the hearing.
2.
Judges in the Court of Appeal Division endeavour to deliver all reserved
decisions in both civil and criminal cases within approximately three (3)
months of them being heard. Naturally, in some cases it is necessary to
deliver the decision as a matter of urgency.
3.
In the case of civil actions, the aim is generally to also deliver decisions
within three (3) months of the action being heard. After a particularly
long trial, it may be necessary for some
additional time to be made
available.
4.
If it is anticipated that there may be a longer than usual delay in the
delivery of a reserved decision, a Judge may inform the parties of a 'not
before' date for delivery at the time the decision is reserved.
5.
In those cases where the Master has reserved a decision, the aim is that
the decision will be delivered as soon as practicable.
6.
It is difficult to lay down hard and fast time limits. There are times
when the pressure of business in the Court is very great and the time
available to individual Judges for writing
reasons for decision is
insufficient.
7.
Practitioners should not feel inhibited from making inquiries regarding
the progress of a decision which has not been delivered within the
periods indicated above. Such inquiries should be addressed to the
Associate to the Presiding Judge in the case of the Court of Appeal or
Industrial
Appeal Court and, in other cases, to the Associate of the
relevant Judge.
8. Reasons for Decision
PD 8.1
Supreme Court of Western Australia
Consolidated Practice Direction
8.
Where a party to litigation in the Court is aggrieved about delay in the
delivery
of a reserved decision, it is understood that there may be
reluctance to raise the matter with the Master, or the Judge or Judges
concerned. Consequently, if the legal representative
of a party to
proceedings in which there has been a reserved decision desires to
complain about delay in its delivery, the complaint should be made by
letter addressed to the Chief Justice. In every such case, the matter will
be taken up with the Judge,
Judges or Master concerned, but without
disclosure of the identity of the party raising the matter.
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