Supreme Court Amendment Rules 200420 September 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 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 Rules 2004 .
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 502 amended (Affidavits generally)
Rule 502 of the Principal Rules is amended by omitting subrule (2) and substituting the following subrule:(2) Despite subrule (1) , unless a judge otherwise directs, the hearsay rule applies to evidence in an affidavit used on an interlocutory application for an order –(a) to extend or waive a time limit on the start of proceedings that is imposed by statute; or(b) to extend or waive a time limit on the continuation of proceedings that is imposed by statute; or(c) to set aside a judgment; or(d) to dismiss proceedings for want of prosecution; or(e) to finally dispose of the rights of the parties to the proceedings.
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 29 September 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 Rules 2000 by providing that the hearsay rule applies to evidence in an affidavit used on an interlocutory application for certain orders.