Supreme Court Amendment Rules 200329 April 2003
We, the Honourable WILLIAM JOHN ELLIS COX, Companion of the Order of Australia, Chief Justice, and the Honourable PETER GEORGE UNDERWOOD, Officer of the Order of Australia, 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 2003 .
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 90 amended (Applications to judge in chambers)
Rule 90 of the Principal Rules is amended as follows:(a) by inserting "(1)" before "The following";(b) by inserting the following subsection:(2) A proceeding before a judge sitting in Court as in chambers is to be open to the public unless –(a) there is a legislative requirement that the matter be heard in private; or(b) the matter, or part of it, would be heard in private if it were being heard in Court; or(c) it is otherwise ordered by the judge.
5. Rule 427 amended (Amendment of endorsement or pleadings)
Rule 427 of the Principal Rules is amended by inserting after subrule (2) the following subrule:(2A) The Court or judge, despite the expiry of any relevant limitation period after the day on which proceedings commenced, may grant leave under subrule (1) if it is satisified that any other party to the proceedings would not, as a result of granting leave, be prejudiced in the conduct of his or her claim or defence in a way that could not be fairly met by an adjournment, an award of costs or otherwise.
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 7 May 2003
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 –(a) allowing proceedings to be amended in some circumstances, notwithstanding the expiry of any relevant limitation period; and(b) opening chambers matters to the public as a general rule.