Supreme Court Amendment (Mutual Recognition) Rules 200228 March 2002
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 PETER ETHRINGTON EVANS, 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 (Mutual Recognition) 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. Part 32, Division 2A inserted
After rule 783 of the Principal Rules , the following Division is inserted in Part 32:Division 2A - Proceedings under the Mutual Recognition (Tasmania) Act 1993 and the Trans-Tasman Mutual Recognition Act 1997 of the Commonwealth783A. Interpretation of Division 2A of Part 32
In this Division –Commonwealth Act means the Mutual Recognition Act 1992 of the Commonwealth or the Trans-Tasman Mutual Recognition Act 1997 of the Commonwealth;interstate practitioner means a person who –(a) is duly admitted as a barrister, solicitor or barrister and solicitor in any other State; and(b) at the time of applying for admission under this Division, is entitled to practise as a barrister, solicitor or barrister and solicitor of the Supreme Court of any other State or the High Court of New Zealand;mutual recognition principle means –(a) the mutual recognition principle enacted in Part 3 of the Mutual Recognition Act 1992 of the Commonwealth and adopted in Tasmania by the Mutual Recognition (Tasmania) Act 1993 ; or(b) the principle enacted in Part 3 of the Trans-Tasman Mutual Recognition Act 1997 of the Commonwealth and adopted in Tasmania by the Trans-Tasman Mutual Recognition (Tasmania) Act 1998 ;State includes any other State, a Territory and New Zealand.This Division applies to the admission of an interstate practitioner to practise as a barrister or legal practitioner of the Supreme Court in accordance with the mutual recognition principle.783C. Application for admission
An application by an interstate practitioner for admission is to –(a) be made by originating application in accordance with these Rules of Court; and(b) be accompanied by a notice in the prescribed form.On the filing of an application under rule 783C , the Registrar is to –(a) appoint a hearing date before the Court, a judge or the Master, which is to be within one month of the filing of the application; and(b) cause a copy of the application with a hearing date inserted in it, and a copy of the notice, to be displayed on a public notice board at the Principal Registry; and(c) forward a copy of the application and a copy of the notice to the Law Society.783E. Registrar to consider application
(1) The Registrar must consider, not less than 2 days before the hearing date, any application and notice filed in accordance with rule 783C .(2) If the Registrar is satisfied that the applicant has complied with the Commonwealth Act and this Division, the Registrar is to issue a certificate to that effect.(3) A certificate is to be in the prescribed form.(4) If the Registrar is not satisfied in accordance with subrule (2) , the Registrar is to –(a) state in writing any reasons for believing that –(i) the applicant may not be entitled to admission under this Division; and(ii) there exists any reason prescribed by the Commonwealth Act for postponement or refusal of admission; and(b) forward those reasons to the applicant.783F. Applicant not appearing at hearing
(1) An applicant for admission under this Division may elect not to appear in person at the hearing of the application.(2) An applicant who elects not to appear must –(a) take and subscribe the oath set out in Part 1 of Schedule 3 to the Legal Profession Act 1993 ; and(b) sign a pro forma in the prescribed form for insertion in a roll of practitioners or barristers kept by the Registrar.(3) The applicant is to sign the pro forma before –(a) the Principal Registrar of the Supreme Court of any State or a Registrar of the High Court of New Zealand; or(b) any officer of such a court the Chief Justice determines.(4) Before the hearing of the application, the applicant must return to the Registrar –(a) the signed pro forma; and(b) a certificate of the administration of oaths in the prescribed form.783G. Documents to be produced at hearing
At the hearing of the application, the Registrar is to produce to the Court, judge or Master –(a) the certificate or statement of reasons referred to in rule 783E ; and(b) the notice accompanying the application; and(c) any documents accompanying the notice.Any person may show cause why an applicant should not be admitted under this Division.
W. J. E. COX
Chief Justice
P. G. UNDERWOOD
Puisne Judge
E. C. CRAWFORD
Puisne Judge
P. E. EVANS
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 Mutual Recognition (Tasmania) Act 1993 .