General: Disclosure novelties for insurers in WA courts

Introduction

The rules governing civil procedure in the Western Australian Supreme and District Courts were recently amended by adopting a new Order 9A (Order 9A)¹. Order 9A imposes an obligation on parties to disclose the identity of persons who have control over, and who are funding the party's involvement in a court proceeding (Interested Non-Party).

At first glance this appears to be aimed at litigation funders, but the net is wide enough to extend to insurers (and perhaps reinsurers).

After being gazetted on 12 June 2012, Order 9A came into effect 2 weeks later on 26 June 2012 and compels parties to notify the Principal Registrar and each other party of the identity of any person who: