Justices (Review) Amendment Rules 200817 September 2008
We, the Honourable Ewan Charles Crawford, Chief Justice, and the Honourable Peter Ethrington Evans, the Honourable Alan Michael Blow, OAM, the Honourable Shan Eve Tennent and the Honourable David Porter, Puisne Judges of the Supreme Court of Tasmania, make the following general rules under and for the purposes of Part XI of the Justices Act 1959 .
These Rules of Court may be cited as the Justices (Review) Amendment Rules 2008 .
These Rules of Court take effect on the day on which their making is notified in the Gazette.
In these Rules of Court, the Justices (Review) Rules 2004 are referred to as the Principal Rules.
4. Rule 3 amended (Interpretation)
Rule 3 of the Principal Rules is amended as follows:(a) by omitting " Corrections Act 1997 ." from the definition of correctional officer and substituting " Corrections Act 1997 ;";(b) by inserting the following definition after the definition of correctional officer :Registrar means the Registrar of the Supreme Court.
After rule 6 of the Principal Rules , the following rules are inserted in Part 2:6A. Application for consent order
(1) The parties to proceedings or their legal practitioners may apply jointly for the making of a consent order in those proceedings, other than an order agreeing to allow or uphold a motion to review.(2) An application for a consent order is to be –(a) made by memorandum to the Registrar; and(b) signed by the parties or their legal practitioners; and(c) supported by affidavit, if required.(3) A judge in chambers may make an order on a memorandum without the attendance of the parties.6B. Notice to review not abandoned until dismissed
(1) An applicant who does not prosecute a notice to review is not taken to have abandoned the notice to review until that applicant has –(a) filed a notice of discontinuance with the Registrar; and(b) served the notice of discontinuance on any other parties to the notice to review.(2) A notice of discontinuance is to be in accordance with the appropriate form prescribed in the Supreme Court Forms Rules 2000 .(3) On the filing and service of a notice of discontinuance under subrule (1) , the notice to review is taken to be dismissed with costs.
E. C. CRAWFORD
Chief Justice
P. E. EVANS
Puisne Judge
A. M. BLOW
Puisne Judge
S. E. TENNENT
Puisne Judge
D. J. PORTER
Puisne Judge
Countersigned,
E. A. KNIGHT
Registrar
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 24 September 2008
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 Justices (Review) Rules 2004 by –(a) providing for consent orders and notices of discontinuance; and(b) making minor miscellaneous amendments.