Supreme Court Rules 2000

Supreme Court Rules 2000

3 March 2000

We, the Honourable William John Ellis Cox, AC, RFD, ED, Chief Justice, and the Honourable Peter George Underwood, the Honourable Ewan Charles Crawford and the Honourable Peter Ethrington Evans, Puisne Judges of the Supreme Court of Tasmania, on the recommendation of the Rule Committee, make the following Rules of Court under the Supreme Court Civil Procedure Act 1932.

These Rules of Court may be cited as the Supreme Court Rules 2000.

These Rules of Court take effect on 1 May 2000.

Subject to rules 3A and 4, the provisions of these rules apply to any civil proceedings commenced in Court.

This rule applies to the following persons:the Principal Registrar; the Deputy Registrar; the Assistant Deputy Registrar.

In civil proceedings in the admiralty jurisdiction of the Court, a person to whom this rule applies may perform the functions and exercise the powers of the Registrar and the Marshal under the Admiralty Rules 1988 of the Commonwealth.

If a person to whom this rule applies cannot conveniently execute a warrant or other instrument related to civil proceedings in the admiralty jurisdiction of the Court – that person may engage an appropriate officer of the Court to execute the warrant or instrument; and the officer referred to in paragraph (a) is authorised to execute that warrant or instrument.

In any civil proceedings in the admiralty jurisdiction of the Court – a fee is payable in respect of those proceedings in relation to any matter for which a fee is payable for that matter in any other civil proceedings under these Rules; and a fee payable under paragraph (a) in relation to a matter is the same as the fee payable for that matter in any other civil proceedings.

These rules do not apply to a proceeding in respect of which special provision is made by any other rule unless otherwise provided by that other rule.

In these rules –

A4 paper means paper known by that name that is 297 millimetres in length by 210 millimetres in width;

Act means the Supreme Court Civil Procedure Act 1932;

action means a proceeding commenced by a writ;

address for service means an address for service that complies with rule 128;

application means – an originating application in writing by which a proceeding mentioned in rule 89 or 90 is commenced; and an interlocutory application, oral or in writing, made to the Court or a judge in the course of any proceeding already commenced in the Court;

barrister has the same meaning as in the Legal Profession Act 2007;

Convention means a convention, other than the Hague Convention, with a foreign country, made with or extended to the Commonwealth or the State, with respect to legal proceedings in civil matters whether or not it is also made with respect to other legal proceedings;

Convention country means a foreign country to which a Convention applies;

corporation has the same meaning as in the Corporations Act;

Court means the Supreme Court;

deliver includes serve;

document means any process, pleading, notice, order, application or other document or written communication;

endorsement, used in respect of a writ, includes any statement of a plaintiff's claim set out on the face of the writ;

Hague Convention means the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters done at The Hague on 15 November 1965;

Hague Convention country means a country, other than Australia, that is a party to the Hague Convention;

hearsay rule has the same meaning as in the Evidence Act 2001;

inspect includes the following, with or without the aid of equipment:to view data or visual images embodied in any document; to listen to sounds embodied in any document; to reproduce sounds, data or visual images embodied in any document;

judge, in relation to an inferior court, includes any judicial officer invested with the power of exercising the jurisdiction of that inferior court;

law practice has the same meaning as in the Legal Profession Act 2007;

Law Society means the Law Society of Tasmania within the meaning of the Legal Profession Act 2007;

Legal Profession Board has the same meaning as in the Legal Profession Act 2007;

litigation guardian means a litigation guardian for a person under disability;

office seal means a seal kept under rule 17;

officer means – a person employed in a registry of the Court; and the Associate Judge; and the Principal Registrar; and a district registrar;

opposite party includes any party to a cause or matter in which an issue is to be determined or a right is to be adjudicated;

ordinary sittings of a Full Court means a sitting of a Full Court appointed under section 20(2) and (3) of the Act;

originating process means – any document by which an original proceeding is commenced; and a writ;

person under disability means an infant or a person who is incapable of managing and administering his or her affairs in relation to proceedings resulting from any absence, loss or abnormality of mental or psychological function;

personal service means service effected by delivery to the person to be served;

practitioner means an Australian legal practitioner;

prescribed fee means a fee prescribed by Schedule 2;

prescribed form means the appropriate form prescribed in the Supreme Court Forms Rules 2000;

prescribed rate of interest means the rate of interest prescribed under rule 5A;

Principal Registrar means the Registrar of the Court;

Principal Registry includes the only registry of the Court if there is no district registry;

probate action includes every proceeding relating to the grant or recall of probate or letters of administration other than common form business;

proceeding means any matter commenced by originating process;

process server means a person, who is not an officer of the Sheriff, responsible for the service or execution of a document or process;

receiver includes – an assignee; and a manager; and a manager appointed by or under an order of the Court;

register of proceedings means the register kept under rule 32(1)(c);

registrar means – the Principal Registrar; and a district registrar of the Court;

registry, in relation to any proceeding or intended proceeding, means the registry of the Court in which that proceeding is pending or is intended to be commenced;

seal of the Court means the Great Seal of the Court;

sealed copy, in relation to a document, means a copy sealed with the seal of the Court or an office seal;

society includes – an unincorporated society; and a fellowship; and a club, other than a proprietary club; and an association;

taxing officer means an officer of the Court empowered to conduct a taxation of costs under these rules;

Trans-Tasman Proceedings Act means the Trans-Tasman Proceedings Act 2010 of the Commonwealth;

writ, used without any qualification, means a document in accordance with the prescribed form;

writing includes print and typewriting.

For administration proceedings under Division 6 of Part 36, the prescribed rate of interest for a calendar year, or for part of a calendar year, is the last cash rate published by the Reserve Bank of Australia before 1 January in that year.

For the purpose of section 34 of the Supreme Court Civil Procedure Act 1932 and rule 347(1)(b), the prescribed rate of interest for a calendar year, or for part of a calendar year, is a rate equal to 4% plus – for the period commencing on 1 January in a calendar year and ending on 30 June in that year, or for part of that period, the last cash rate published by the Reserve Bank of Australia before that 1 January; and for the period commencing on 1 July in a calendar year and ending on 31 December in that year, or for part of that period, the last cash rate published by the Reserve Bank of Australia before that 1 July.

For the purpose of section 35A of the Supreme Court Civil Procedure Act 1932, the prescribed rate of interest that is not to be exceeded under that section for a calendar year, or for part of a calendar year, is the rate specified in subrule (2).

For the purpose of section 165 of the Supreme Court Civil Procedure Act 1932 and rule 887A(1)(b), the prescribed rate of interest for a calendar year, or for part of a calendar year, is a rate equal to 6% plus – for the period commencing on 1 January in a calendar year and ending on 30 June in that year, or for part of that period, the last cash rate published by the Reserve Bank of Australia before that 1 January; and for the period commencing on 1 July in a calendar year and ending on 31 December in that year, or for part of that period, the last cash rate published by the Reserve Bank of Australia before that 1 July.

Any notice required by these rules is to be in writing unless –

these rules provide that it may be given orally; or the Court or a judge authorises it to be given orally.

If a rule requires anything to be in accordance with a prescribed form, the relevant form is to be used with any variation the circumstances require.

A requirement that a title be inserted in a form is taken to be a requirement that the form include the title required for an originating process under rule 97.

The Court or a judge may exercise any power under these rules –

of the Court's or judge's own motion; or on the application of a person who has a sufficient interest.

A party or a person intending to become a party may make an application under section 201 of the Act to a judge for directions.

An application is to – be in writing; and be addressed to the registrar; and state the grounds of the application.

Two or more parties or intended parties may make a joint application.

A person making an application may serve an application on any other party to the proceeding or intended proceeding that the person considers may be affected by the judge's directions.

On receipt of an application, the registrar is to – fix a time for the judge's determination of the application; and notify the applicant, and any party who has been served with a copy of the application, of that time.

On an application, a judge may – order the applicant to give notice of the application to any person and may adjourn the application so that that person can attend; and act on the material contained in the application and any other material the judge may receive; and give any directions the judge considers may best give effect to the purposes of these rules.

A copy of any direction or order made concerning an intended proceeding is to be endorsed at the time of filing on the originating process and on every copy.