Supreme Court Rules 2000

The following classes of proceedings are to be commenced by application to the Court:

determination of a question of construction arising under a statute, regulation, letters patent, by-law or other written instrument of a public nature made by the Crown or a public or local authority and declaration of the rights of persons interested under that instrument;

application under the Trustee Act 1898, other than an application to which rule 90 applies;

a writ of attachment not by way of execution;

establishing documentary title to property;

compensation for land resumed or compulsorily acquired;

foreclosure or redemption of a mortgage;

discovery in order to claim other relief;

an account and payment of the balance found due, not being an account that any executor, administrator or trustee is bound to give;

administration of an estate or trust, including a charitable trust;

order for punishment for contempt, except where the person charged with the contempt has been taken into custody immediately and is before the Court;

admission to the legal profession, except an application made in accordance with the mutual recognition principle enacted in Part 3 of the Mutual Recognition Act 1992 of the Commonwealth and adopted in this State by the Mutual Recognition (Tasmania) Act 1993;

order for relief similar to certiorari at the instance of the Attorney-General ex officio;

application under section 6 of the Variation of Trusts Act 1994;

application under the Wills Act 1992 or the Wills Act 2008, other than an application for authorisation to make or alter a will, or revoke the whole or any part of a will;

proceedings for a grant of probate or letters of administration where the only reason for seeking the grant in solemn form is the need to rely on section 26 of the Wills Act 1992 or section 10 of the Wills Act 2008;

proceedings which, by an enactment other than the Act, are directed to be begun by motion or petition, other than proceedings to which rule 90 applies;

proceedings in any case in which an application is authorised to be made, and is made to a Full Court or a judge sitting in court as a Court;

application under the Judicial Review Act 2000, where the decision in relation to which the application is made was made following a public hearing;

proceedings under the Vexatious Proceedings Act 2011, other than an application for leave to institute proceedings.