Supreme Court Forms Amendment Rules 2004

Supreme Court Forms Amendment Rules 2004

9 July 2004

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 .

1.   Short title

These Rules of Court may be cited as the Supreme Court Forms Amendment Rules 2004 .

2.   Commencement

These Rules of Court commence on the day on which their making is notified in the Gazette.

3.   Principal Rules

In these Rules of Court, the Supreme Court Forms Rules 2000 are referred to as the Principal Rules.

4.    Schedule 1 amended (Forms)

Schedule 1 to the Principal Rules is amended as follows:

(a) by inserting in Part 1 after

Form 6

Notice to be given to persons ordered to be served with notice of an application

the following item:

Form 6A

Notice to defendant served outside Australia

(b) by omitting

Form 37	Subpoena to give evidence
Form 38	Subpoena for production
Form 39	Subpoena for production and to give evidence
Form 40	Subpoena for production (Corporation)

from Part 1 and substituting the following item:

Form 37

Subpoena

(c) by inserting the following form after Form 6 in Part 2 :

Form 6A

(d) by omitting Forms 37 , 38 , 39 and 40 from Part 2 and substituting the following form:

Form 37

(e) by amending Form 42 in Part 2 by omitting "section 40A or 40C of the Evidence Act 1910" from item 8 and "section 40A or section 40C" from the Note to item 8 and substituting "section 69 of the Evidence Act 2001" and "section 69" respectively.

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 21 July 2004

These Rules of Court are administered in the Department of Justice.

EXPLANATORY NOTE

(This note is not part of the rule)

These Rules of Court amend the Supreme Court Forms Rules 2000 by –

(a) inserting a new form that relates to service of documents on defendants outside Australia; and

(b) replacing the forms that relate to subpoenas with a single form; and

(c) updating certain legislative references.