Supreme Court Amendment (Judicial Review) Rules 20028 April 2002
We, the Honourable WILLIAM JOHN ELLIS COX, Companion of the Order of Australia, Chief Justice, and the Honourable EWAN CHARLES CRAWFORD, the Honourable PETER ETHRINGTON EVANS and the Honourable ALAN MICHAEL BLOW, 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 (Judicial Review) Rules 2002 .
These Rules of Court 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 89 amended (Applications to Court)
Rule 89 of the Principal Rules is amended as follows:(a) by omitting from paragraph (t) "Court." and substituting "Court;";(b) by inserting the following paragraph after paragraph (t) :(u) application under the Judicial Review Act 2000 , where the decision in relation to which the application is made was made following a public hearing.
5. Rule 90 amended (Applications to judge in chambers)
Rule 90 of the Principal Rules is amended by inserting after paragraph (zo) the following paragraph:(zp) application under the Judicial Review Act 2000 , other than an application to which rule 89(u) applies.
6. Part 32, Division 1A inserted
After rule 777 of the Principal Rules , the following Division is inserted in Part 32:Division 1A - Proceedings under the Judicial Review Act 2000777A. Description of respondent
If an application under the Judicial Review Act 2000 is directed to a judicial authority or public authority, the authority is to be described by his, her or its name or office.An application under the Judicial Review Act 2000 is to set out the following:(a) if the application relates to a decision, the date and terms of the decision and the reasons for it;(b) if the application relates to conduct, particulars of all conduct, past, present and proposed, in respect of which the application is made;(c) if it is alleged that the respondent had failed to make a decision, particulars of –(i) the decision which the respondent is alleged to have had a duty to make; and(ii) any law that fixes a period within which the respondent is required to have made the decision; and(iii) the date on which that period is alleged to have expired;(d) particulars of any allegation of fraud made under section 17(2)(g) of that Act;(e) particulars of any person who may be affected by the relief sought and the grounds on which that person may be affected.The Court or a judge may order an applicant to file and serve further and better particulars of any matter referred to in rule 777B .(1) If a respondent to an application under the Judicial Review Act 2000 has provided –the applicant is to file a copy of any such document, verified by affidavit, at the time of filing the application or as soon as practicable afterwards.(a) a written decision; or(b) written reasons for a decision; or(c) a statement in accordance with Part 5 of that Act; or(d) a transcript of a decision given orally; or(e) a transcript of reasons given orally for a decision –(2) If an application relates to a decision given orally and a transcript has not been provided, the applicant is to file an affidavit setting out as fully as possible the terms of the decision and of any reasons given orally for it, at the time of filing the application or as soon as practicable afterwards.(1) An application is to be served on the respondent and on any other person the Court or a judge directs.(2) In proceedings under the Judicial Review Act 2000 , if a document is to be served –(a) on a magistrate or justices in petty sessions, it is sufficient that it be served on the relevant clerk of petty sessions; or(b) on a statutory tribunal or a board, it is sufficient that it be served on the chairperson, presiding member or clerk of the tribunal or board.(3) If an applicant is unable to serve a document on a person, the Court or a judge may dispense with service of the document on that person on any terms the Court or judge thinks fit.777F. Notice of intention to appear
(1) An authority or a person on whom an application under the Judicial Review Act 2000 has been served is not to be heard on the hearing of the application unless the authority or person has filed and served on the applicant a notice of intention to appear.(2) A notice of intention to appear is to be in the prescribed form.(3) A notice of intention to appear is to specify an address for service of documents for the authority or person on whose behalf the notice is filed.(4) The filing of a notice of intention to appear is proof of service of the application on the authority or person filing the notice.(5) The Court or a judge may relieve an authority or a person of the consequences of failing to file a notice of intention to appear on any terms the Court or judge thinks fit.(1) An authority or a person on whom an application under the Judicial Review Act 2000 has been served may file and serve on the applicant a notice of submission.(2) A notice of submission is to be in the prescribed form.(3) A notice of submission is to specify an address for service of documents for the authority or person on whose behalf the notice is filed.(4) The filing of a notice of submission is proof of service of the application on the authority or person filing the notice.(5) The filing of a notice of submission is a submission by the authority or person filing it to any order the Court or a judge makes on the application, including an order as to costs, without hearing the authority or person.(6) The Court or a judge may relieve an authority or a person of the consequences of filing a notice of submission, on any terms the Court or judge thinks fit.
7. Rules of the Supreme Court 1965 amended
Part XIII of the Rules of the Supreme Court 1965 is rescinded.
W. J. E. COX
Chief Justice
E. C. CRAWFORD
Puisne Judge
P. E. EVANS
Puisne Judge
A. M. BLOW
Puisne Judge
Countersigned,
I. G. RITCHARD
Registrar
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 17 April 2002
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 by making provision in relation to applications under the Judicial Review Act 2000 .