Supreme Court Amendment (Miscellaneous) Rules 20023 July 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 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 (Miscellaneous) 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 88 amended (Actions)
Rule 88 of the Principal Rules is amended as follows:(a) by omitting from paragraph (y) "Crown." and substituting "Crown;";(b) by inserting the following paragraphs after paragraph (y) :(z) for a grant of probate to which section 26 or 47 of the Wills Act 1992 applies;(za) for an application under section 47 of the Wills Act 1992 after the grant of probate.
5. Rule 89 amended (Applications to Court)
Rule 89 of the Principal Rules is amended by omitting paragraphs (q) and (r) .
6. Rule 292 amended (Person under disability as party)
Rule 292(4) of the Principal Rules is amended by omitting "patient" and substituting "person under disability".
7. Rule 300 amended (Control of money recovered by persons under disability)
Rule 300(3) of the Principal Rules is amended by omitting "committee or".
8. Rule 672 amended (Powers of the Full Court)
Rule 672 of the Principal Rules is amended by inserting after subrule (6) the following subrule:(6A) When delivering judgment in an appeal which they have heard, one or more judges of the Full Court, despite the absence of any other judge who also heard that appeal, may determine –(a) an uncontested application for costs in relation to that appeal; and(b) an application for an indemnity certificate under the Appeal Costs Fund Act 1968 in relation to that appeal.
9. Rule 801 amended (Applications under sections 26 and 47)
Rule 801(1) of the Principal Rules is amended by inserting "applies" after " 47 of the Wills Act 1992 ".
10. Schedule 1 amended (Fees and costs)
Part 1 of Schedule 1 to the Principal Rules is amended as follows:(a) by omitting "97.00" from item 1 and substituting "105.00";(b) by omitting "97.00" from item 2 and substituting "105.00";(c) by omitting "72.00" from item 3 and substituting "78.00";(d) by omitting "47.00" from item 4 and substituting "51.00";(e) by omitting "47.00" from item 5 and substituting "51.00";(f) by omitting "68.00" from item 7 and substituting "73.00";(g) by omitting "28.00" from item 8 and substituting "30.00";(h) by omitting "39.00" from item 9 and substituting "42.00";(i) by omitting "65.00" from item 10 and substituting "70.00";(j) by omitting "68.00" from item 11 and substituting "73.00";(k) by omitting "33.00" from item 12 and substituting "37.00";(l) by omitting "50.00" from item 12 and substituting "54.00";(m) by omitting "50.00" from item 13 and substituting "54.00";(n) by omitting "28.00" from item 14 and substituting "30.00";(o) by omitting "6.50" from item 15 and substituting "7.00";(p) by omitting "3.30" from item 16(a) and substituting "3.50";(q) by omitting "0.70" from item 16(b) and substituting "0.80";(r) by omitting "3.00" from item 17 and substituting "3.20";(s) by omitting "54.0" from item 18(a)(i) and substituting "58.00";(t) by omitting "160.00" from item 18(a)(i) and substituting "173.00";(u) by omitting "14.00" from item 18(b) and substituting "15.00";(v) by omitting "40.00" from item 19(a)(i) and substituting "43.00";(w) by omitting "9.00" from item 19(b) and substituting "10.00";(x) by omitting "4.50" from item 19(c) and substituting "4.90";(y) by omitting "40.00" from item 20(a)(i) and substituting "43.00";(z) by omitting "9.00" from item 20(b) and substituting "10.00";(za) by omitting "32.00" from item 21(a) and substituting "35.00";(zb) by omitting "3.30" from item 21(b)(i) and substituting "3.60";(zc) by omitting "14.00" from item 22(a) and substituting "15.00";(zd) by omitting "18.00" from item 22(b) and substituting "19.00";(ze) by omitting "31.00" from item 22(c) and substituting "33.00";(zf) by omitting "3.00" from item 22(d) and substituting "3.20";(zg) by omitting "39.00" from item 24 and substituting "42.00".
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 10 July 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 make various amendments to the Supreme Court Rules 2000 to remove conflicts, correct omissions, simplify procedures and amend the schedule of fees and costs.