Supreme Court Amendment Rules 2005

Supreme Court Amendment Rules 2005

19 August 2005

We, the Honourable Ewan Charles Crawford, the Honourable Pierre William Slicer, the Honourable Peter Ethrington Evans and the Honourable Alan Michael Blow, OAM, 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 Amendment Rules 2005 .

2.   Commencement

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

3.   Principal Rules

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

4.    Rule 253 amended (Further particulars of pleading)

Rule 253(1) of the Principal Rules is amended by inserting "at any time" after "order".

5.    Rule 253A inserted

After rule 253 of the Principal Rules , the following rule is inserted in Division 17:

253A.   Plaintiff to advise defendant of nature of injuries, &c.

(1)  The plaintiff in an action for damages for personal injuries is to advise the defendant in writing of the following:

(a) the nature of the plaintiff's injuries;

(b) the nature of any secondary illnesses suffered by the plaintiff;

(c) the name of each hospital that the plaintiff has attended in consequence of the injuries;

(d) the name and address of each medical practitioner who has treated the plaintiff for the injuries, other than as part of his or her hospital treatment;

(e) any expenses incurred as a result of the injuries;

(f) the nature of employment or self-employment that the plaintiff claims he or she would have been likely to engage in had it not been for the injuries;

(g) the estimated gross annual income for each category of employment or self-employment referred to in paragraph (f) ;

(h) whether the plaintiff's claim is that the injuries sustained impact totally or partially on that earning capacity.

(2)  The plaintiff is to advise the defendant of the matters referred to in subrule (1) within 50 days after the close of pleadings or within such other time as the parties may agree or the court or a judge may order.

6.    Rule 660 amended (Institution of appeal)

Rule 660(a) of the Principal Rules is amended by omitting "and one copy".

7.    Rule 675 amended (Appellant may have appeal dismissed)

Rule 675(3) of the Principal Rules is amended by omitting "respondent is entitled to sign judgment dismissing the appeal with costs" and substituting "appeal is taken to be dismissed with costs".

8.    Part 27, Division 1A inserted

After rule 680 of the Principal Rules , the following Division is inserted in Part 27:

Division 1A - Appeal from Master

680A.   Appeal from Master

(1)  In this rule "judgment" includes any decision, order or other determination.

(2)  A person affected by a judgment of the Master may appeal against the whole or any part of the judgment by a notice of appeal to –

(a) a judge sitting in chambers, if the judgment was given in chambers; or

(b) a judge sitting in court, if the judgment was given in court.

(3)  An appeal is to be instituted –

(a) in the case of an appeal from a final judgment, within 21 days after the judgment was pronounced; or

(b) in the case of an appeal from a judgment that is not a final judgment, within 10 days after the judgment was pronounced; or

(c) in the case of the refusal of an application, within 10 days after the refusal.

(4)  An appeal is to be instituted by –

(a) filing an original notice of appeal; and

(b) serving a copy of the notice of appeal on each party directly affected by it.

(5)  If an appeal is brought from a judgment given in a proceeding in a District Registry, the notice of appeal is to be filed in the District Registry.

(6)  A respondent seeking to appeal from the whole or a part of the judgment from which the appellant has appealed is to, within 14 days after the service of the notice of appeal –

(a) file an original notice of cross-appeal; and

(b) deliver a copy of the notice of cross-appeal to the appellant and any other party directly affected by it.

(7)  Within 42 days after the expiration of the time limited for the institution of an appeal, an appellant is to –

(a) file an appeal book together with one copy; and

(b) deliver a copy of the appeal book to each respondent.

(8)  A judge may refer an appeal, or any point or question arising in an appeal, for determination by the Full Court, and upon such a referral the appellant is to file 2 additional copies of the appeal book.

(9)  Unless otherwise ordered, an appeal book is to contain copies of the following:

(a) the notice of appeal;

(b) the formal judgment appealed from;

(c) the reasons for judgment, if given in writing;

(d) any pleading;

(e) any affidavit;

(f) any notice of cross-appeal;

(g) the transcript of the proceedings or, if there is no recording, the Master’s notes taken at the hearing.

(10)  If an appellant does not file and deliver the appeal book within the time limited the appeal may be dismissed for want of prosecution.

(11)  If an appellant does not appear on the hearing of an appeal, the appeal may be dismissed.

(12)  If an appeal is dismissed under subrule (11) , the court or a judge may order that the appeal be reinstated and the order dismissing it be vacated on any terms as to costs and otherwise as in the circumstances may be just.

(13)  If a party who has been served with a notice of appeal does not appear on the hearing of the appeal, the court or judge, on proof of service, may make any order on the appeal as in the circumstances may be just.

(14)  An appellant who does not prosecute an appeal is not taken to have abandoned the appeal until that appellant has filed and served a notice of discontinuance.

(15)  On the filing and service of a notice under subrule (14) , the appeal is taken to be dismissed with costs.

(16)  Rules 657(4), 661, 664(2) and (3), 668(1) to (10), 671, 676 and 677 apply to an appeal from a judgment of the Master.

9.    Rules 962 and 963 substituted

Rules 962 and 963 of the Principal Rules are rescinded and the following rules are substituted:

962.   Jurisdiction of Master

(1)  The Master sitting in chambers or in court may exercise all of the powers of the court, including the exercise of inherent jurisdiction, which may be exercised by a single judge sitting in chambers or by a single judge sitting in court without a jury, except for the hearing and determination of the following:

(a) proceedings in the Court’s appellate jurisdiction, other than a review of a taxation of costs by an officer of the Court;

(b) an application for a writ of certiorari, mandamus or prohibition or for relief similar to mandamus;

(c) an application for an order of review under the Judicial Review Act 2000 ;

(d) proceedings for the declaration of a public right;

(e) proceedings to determine a question of construction, arising under a statute, regulation, letters patent, by-law or other written instrument of a public nature made by the Crown or a public or local authority, and a declaration of the rights of persons interested under that instrument;

(f) proceedings under section 39(1) of the Commercial Arbitration Act 1986 ;

(g) proceedings for admission as a legal practitioner or barrister of the Court, other than by an application made in accordance with the mutual recognition principle;

(h) proceedings to require a legal practitioner to answer an affidavit;

(i) proceedings to strike a legal practitioner off the roll or to suspend or otherwise discipline a legal practitioner;

(j) proceedings to disbar or otherwise discipline a barrister;

(k) subject to subrule (2) , other proceedings commenced under rule 88 or 89 .

(2)  The Master may hear and determine proceedings referred to in subrule (1)(k) if –

(a) the parties consent or a judge so orders; or

(b) the hearing is consequent upon the entry of an interlocutory judgment under rule 348 following a failure to appear to a writ.

963.   Reference to judge

At any time before giving judgment, the Master may –

(a) adjourn the hearing of any matter to a judge sitting in chambers or in court; or

(b) reserve any matter or any point or question in a matter for the consideration of a judge sitting in chambers or in court.

10.    Rule 965 rescinded

Rule 965 of the Principal Rules is rescinded.

E. C. Crawford

Puisne Judge

P. W. Slicer

Puisne Judge

P. E. Evans

Puisne Judge

A. M. Blow

Puisne Judge

Countersigned,

I. G. Ritchard

Registrar

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 31 August 2005

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 amending various powers of the Master, including in relation to jurisdiction and appeals.