Supreme Court Amendment Rules 200014 July 2000
We, the Honourable William John Ellis Cox, Companion of the Order of Australia, Chief Justice, and the Honourable Peter George Underwood, the Honourable Ewan Charles Crawford and the Honourable Pierre William Slicer, 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 may be cited as the Supreme Court Amendment Rules 2000 .
These rules take effect on the day on which their making is notified in the Gazette.
In these rules, the Supreme Court Rules 2000 are referred to as the Principal Rules.
4. Rule 90 amended (Applications to judge in chambers)
Rule 90 of the Principal Rules is amended by inserting after paragraph (zf) the following paragraph:(zfa) proceedings under the De Facto Relationship Act 1999 ;
5. Rule 600A inserted
Before rule 601 of the Principal Rules , the following rule is inserted in Division 1:600A. Interpretation of Division 1
In this Division –mortgage includes an encumbrance or lease;mortgagee includes an encumbrancee or landlord;mortgagor includes an encumbrancer or lessee.
6. Rule 601 amended (Application for delivery of possession)
Rule 601 of the Principal Rules is amended as follows:(a) by inserting in subrule (1) "under section 146(1) of the Land Titles Act 1980 " after "mortgagee";(b) by inserting the following subrule after subrule (2) :(3) A summons to show cause issued under section 146(2) of the Land Titles Act 1980 is to include a schedule setting out such of the following information as is known and applicable:(a) the address of the relevant land;(b) the title reference of that land;(c) the date of, parties to, and registered number of, the mortgage;(d) the amount claimed to be due under the mortgage and particulars of how that amount is calculated;(e) the daily amount of interest accruing under the mortgage;(f) the costs of the summons as set out in Part 5 of Schedule 1 .
7. Rule 837A inserted
After rule 837 of the Principal Rules , the following rule is inserted in Division 3:A bill of costs for taxation may include as a disbursement an amount referable to tax paid or to be paid under the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth and the taxing officer is to make such allowance as is appropriate for the impact of the GST, within the meaning of that Act, on the bill of costs.
8. Schedule 1 amended (Fees and costs)
Schedule 1 to the Principal Rules is amended by inserting after Part 4 the following Part:PART 5 - Costs to be endorsed on summons under section 146(2) of the Land Titles Act 1980 for possession of property
Costs of the summons
$400
W. J. E. COX
Chief Justice
p. g. underwood
Puisne Judge
e. c. crawford
Puisne Judge
p. w. slicer
Puisne Judge
Countersigned,
i. g. ritchard
Registrar
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 26 July 2000
These Rules of Court are administered in the Department of Justice and Industrial Relations.
EXPLANATORY NOTE
(This note is not part of the rule)
These Rules of Court amend the Supreme Court Rules 2000 in respect of –(a) proceedings for possession of mortgaged property; and(b) costs arising from the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth; and(c) applications under the De Facto Relationship Act 1999 .