Supreme Court Amendment Rules 200131 August 2001
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 of Court may be cited as the Supreme Court Amendment Rules 2001 .
These regulations take effect on the day on which their making is notified in the Gazette.
In these Rules of Court, the Supreme Court Rules 2000 are referred to as the Principal Rules.
4. Rule 19 amended (Court holidays)
Rule 19 of the Principal Rules is amended by omitting paragraph (d) .
5. Rule 78 amended (Requirements for documents)
Rule 78(a) of the Principal Rules is amended by omitting "6" and substituting "4".
6. Rule 118 amended (Form of originating application)
Rule 118 of the Principal Rules is amended by omitting subrule (2) .
7. Rule 258 amended (Striking out certain matters)
Rule 258(2) of the Principal Rules is amended by omitting "cotains" and substituting "contains".
8. Rule 299 amended (Compromise by person under disability)
Rule 299(2) of the Principal Rules is amended by inserting ", by originating application," after "and the parties".
9. Rule 301 amended (Costs of plaintiff under disability)
Rule 301(5) of the Principal Rules is amended by omitting "defendant only" and substituting "client only".
10. Rule 337 amended (Interpretation of Division 6 of Part 10 )
Rule 337 of the Principal Rules is amended by inserting "the Australian Capital Territory and" after "includes" in the definition of State .
11. Rule 596 amended (Application to proceed with accounts and inquiries)
Rule 596(2)(a) of the Principal Rules is amended by omitting "prosecution" and substituting "account".
12. Rule 693 amended (Powers of Court on hearing appeal)
Rule 693 of the Principal Rules is amended by inserting after subrule (7) the following subrule:(8) Subject to section 47(1) of the Act, the Court or judge, on hearing an appeal from an inferior court, may –(a) give or make any judgment the Court or judge considers should have been given or made by the inferior court; and(b) set aside, reverse, alter or vary any judgment given or made by the inferior court; and(c) make any other order the Court or judge considers appropriate.
13. Rule 810A inserted
After rule 810 of the Principal Rules , the following rule is inserted in Part 33:810A. Judgment or order to state applicable interest rate
If a judgment or order carries interest at a rate other than the prescribed rate of interest, that judgment or order is to include a statement of the rate of interest applicable.
14. Rule 814 amended (Drawing up judgment or order)
Rule 814(3) of the Principal Rules is amended by omitting paragraph (b) and substituting the following paragraph:(b) the judgment or the order made;
15. Rule 887A inserted
After rule 887 of the Principal Rules , the following rule is inserted in Division 1:887A. Interest on judgment or order
(1) Unless the Court at the time of giving judgment otherwise orders, a judgment or order under section 164(1) of the Act carries interest from the time of the trial or inquiry or, if there has not been a trial or inquiry, from the time of signing or entering up judgment at –(a) the rate at which interest has been allowed up until the date of judgment in a case to which rule 347(1)(a) applies; or(b) the prescribed rate of interest.(2) Subrule (1) does not apply to any part of the judgment or order that consists of interest allowed under section 34 of the Act or rule 347(1).
16. Schedule 1 amended (Fees and costs)
Schedule 1 to the Principal Rules is amended by omittingfrom the column headings in Part 3 and substituting:
ITEM
FEES (Claim exceeding $2000)
ITEM
FEES (Claim exceeding $20 000)
17. Supreme Court Forms Rules 2000 amended
Schedule 1 to the Supreme Court Forms Rules 2000 is amended by omitting Form 9 from Part 2 and substituting:Form 9
18. Rules of the Supreme Court 1965 amended
Part IX of the Rules of the Supreme Court 1965 is rescinded.
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 12 September 2001
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 make various amendments to the Supreme Court Rules 2000 , Rules of the Supreme Court 1965 and the Supreme Court Forms Rules 2000 to update and clarify those rules.