Supreme Court Amendment (Miscellaneous) Rules 200317 November 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 (Miscellaneous) 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 5 amended (Interpretation)
Rule 5 of the Principal Rules is amended as follows:(a) by omitting the definition of address for service and substituting the following definition:address for service means an address for service that complies with rule 128 ;(b) by omitting the definition of approved document exchange .
5. Rule 8 rescinded
Rule 8 of the Principal Rules is rescinded.
6. Rule 79 amended (Identification of party)
Rule 79(a)(v) of the Principal Rules is amended by omitting "an approved" and substituting "a".
7. Rule 84 amended (Documents delivered to a document exchange)
Rule 84 of the Principal Rules is amended as follows:(a) by omitting "approved" first occurring;(b) by omitting from paragraph (b) "approved".
8. Rule 128 substituted
Rule 128 of the Principal Rules is rescinded and the following rule is substituted:(1) If a plaintiff or applicant sues by practitioner, the plaintiff's or applicant's address for service is –(a) the business address of the practitioner endorsed on the originating process; or(b) if the practitioner acts through an agent, the business address of the agent.(2) If a plaintiff or applicant sues in person, the plaintiff's or applicant's address for service is the plaintiff's or applicant's address in Tasmania endorsed on the originating process.(3) If a defendant, respondent or other person who enters an appearance appears by practitioner, the person's address for service is –(a) the business address of the practitioner stated in the notice of appearance; or(b) if the practitioner acts through an agent, the business address of the agent.(4) If a defendant, respondent or other person who enters an appearance appears in person, the person's address for service is the person's address in Tasmania stated on the notice of appearance.(5) A person's address for service under this rule must be an address –(a) at which documents may be left for the person during ordinary business hours; and(b) to which documents may be posted to the person.(6) Notwithstanding this rule, an address for service specified in accordance with section 18(1) of the Service and Execution of Process Act 1992 of the Commonwealth is a sufficient address for service.
9. Rule 128A inserted
After rule 128 of the Principal Rules , the following rule is inserted in Division 8:(1) If satisfied that an address for service of a person is illusory, fictitious or in some other way not genuine or appropriate, the Court or a judge may make any order that is appropriate to deal with the situation.(2) Without limiting the generality of subrule (1) , the Court or judge may make one or more of the following orders under that subrule:(a) an order setting aside a notice of appearance;(b) an order providing for service of documents;(c) an order dispensing with service.(3) If a notice of appearance is set aside under subrule (1) then, unless it is ordered otherwise, a document may be served on the person who filed the notice of appearance by filing the document in the registry.
10. Rule 144 substituted
Rule 144 of the Principal Rules is rescinded and the following rule is substituted:144. Manner and time of service when not personal
(1) A document which is not required to be served personally is sufficiently served on a person if it is –(a) left at the person's address for service on a day on which the registry in which the cause or matter is proceeding is open; or(b) posted to the person at the person's address for service.(2) A document served under subrule (1)(b) is taken to be served at the time at which the document would be delivered in the ordinary course of post.(3) If a document is required by these rules to be delivered to a person, it is sufficient if it is served in accordance with subrule (1) .(4) If, when formally endorsing, stating or advising an address for service, the person's practitioner also endorses, states or advises that the practitioner has facilities for the reception of documents in a document exchange –(a) a document may be served on the practitioner by leaving it at the document exchange; and(b) the document is taken to be served on the first day, that is not a Court holiday, following the day of delivery to the document exchange.(5) If, when formally endorsing, stating or advising an address for service, a person or the person's practitioner also endorses, states or advises that the person or the practitioner is capable of receiving documents by facsimile transmission –(a) a document may be served on the person by facsimile transmission in accordance with subrule (6) ; and(b) the document is taken to be served on the first day, that is not a Court holiday, following the transmission.(6) For subrule (5) , a document served by facsimile transmission is to include a cover page stating the following:(a) the name of the practitioner or person to be served;(b) that the transmission is by way of service under this rule;(c) the name, address and telephone number of the sender;(d) the telephone number from which the document is transmitted;(e) the total number of pages transmitted, including the cover page;(f) the date and time of the transmission;(g) the name and telephone number of a person to contact in the event of any problem in the transmission of the document.(7) If, when formally endorsing, stating or advising an address for service, a person or the person's practitioner also endorses, states or advises that the person or the practitioner is capable of receiving documents by email –(a) a document may be served on the person by sending it to the person's email address; and(b) the document is taken to be served on the first day, that is not a Court holiday, following the sending of the email.
11. Rules 146A and 146B inserted
After rule 146 of the Principal Rules , the following rules are inserted in Division 9:146A. Notice of serving by filing
A person who serves a document by filing it in the registry must endorse on it –(a) a statement that the document is filed as service; and(b) the name of the person upon whom it is served.146B. Confirmation of informal service
If for any reason a document required to be served on a person is not served on the person in the manner required by these rules but the document comes to the person's notice, the document is nevertheless taken to have been served on the person on the day on which it came to the person's notice.
12. Rule 159 amended (Addresses in notice of appearance)
Rule 159(b) of the Principal Rules is amended by omitting subparagraph (ii) and substituting the following subparagraph:(ii) an address for service in accordance with rule 128 .
13. Rule 160 substituted
Rule 160 of the Principal Rules is rescinded and the following rule is substituted:A notice of appearance which does not contain an address required by rule 159 is not to be filed.
14. Rule 227 amended (Statements in pleadings)
Rule 227 of the Principal Rules is amended by omitting subrule (1) and substituting the following subrule:(1) A pleading is to –(a) be as brief as the nature of the case allows; and(b) contain only a statement of all the material facts in summary form on which the party relies but not the evidence by which those facts are to be proved.
15. Rule 349 amended (Liquidated demand, detention of goods and damages)
Rule 349(a) of the Principal Rules is amended by omitting " rule 347 ; or" and substituting " rule 347 ; and".
16. Rule 378 amended (Costs of discontinuance)
Rule 378 of the Principal Rules is amended by omitting subrule (1) and substituting the following subrule:(1) A plaintiff or applicant who discontinues a proceeding wholly or in part is, subject to any order to the contrary, to pay –(a) the defendant's or respondent's costs of the proceeding; or(b) if the proceeding is partly discontinued, the costs arising from the matter discontinued.
17. Rule 855 amended (Notice to party to file bill)
Rule 855(1) of the Principal Rules is amended by omitting "If an order directing the taxation of any costs in any proceeding is made" and substituting "If a person entitled to costs does not file a bill".
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 26 November 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 amending the rules relating to –(a) address for service; and(b) service of documents; and(c) liquidated demands, detention of goods and damages; and(d) the length of pleadings; and(e) costs and bills; and(f) document exchange facilities.