Title and heading of causes and matters
97 Title and heading of causes and matters
An originating process filed in the Court is to – be titled – if it is not a probate action, "In the Supreme Court of Tasmania"; or if it is a probate action, "In the Supreme Court of Tasmania (Probate)"; and state below the title – the words "Hobart Registry", if the proceeding is to be commenced in the Principal Registry; or the name of the district followed by "Registry", if the proceeding is to be commenced in a district registry; and state the file number assigned to it in the registry.
If a proceeding is transferred from one registry to another registry – the name of the registry to which it is transferred is to be substituted for the name of the registry from which it is transferred; and the file number of the proceeding assigned to it by the registry to which it is transferred is to be substituted for its former number.
In an action – the person who commences the proceeding is to be called the plaintiff; and the person against whom the action is commenced is to be called the defendant; and after the title, the writ and any other process in the action is to be headed accordingly as being between the parties.
In an inter partes proceeding other than an action – the person who commences the proceeding is to be called the applicant; and the person against whom the proceeding is commenced is to be called the respondent; and after the title, the originating application and any other process in the proceeding is to be headed accordingly as being between the parties.
In a proceeding which is not inter partes – the person who commences the proceeding is to be called the applicant; and after the title, the originating application and any other process in the proceeding is to be headed "In the Matter of" followed by a reference to the statutory provision, if any, under which the applicant's claim arises and, if appropriate, "In the Matter of" followed by a short description of the estate, will, settlement, deed, instrument or thing or the name of the person to which or to whom the application relates.
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