Supreme Court Amendment Rules (No. 2) 200821 October 2008
We, the Honourable Ewan Charles Crawford, Chief Justice, the Honourable Pierre William Slicer, the Honourable Peter Ethrington Evans, the Honourable Shan Tennent and the Honourable David James Porter, 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 (No. 2) 2008 .
These Rules of Court take effect on the day on which Part 1.2 of Chapter 1 of the Legal Profession Act 2007 commences.
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 inserting the following definition after the definition of application :barrister has the same meaning as in the Legal Profession Act 2007 ;(b) by inserting the following definition after the definition of judge :law practice has the same meaning as in the Legal Profession Act 2007 ;(c) by omitting " Legal Profession Act 1993 " from the definition of Law Society and substituting " Legal Profession Act 2007 ";(d) by inserting the following definition after the definition of Law Society :Legal Profession Board has the same meaning as in the Legal Profession Act 2007 ;(e) by omitting the definition of practitioner and substituting the following definition:practitioner means an Australian legal practitioner;
5. Rule 18 amended (Affixing of seal)
Rule 18(1)(d) of the Principal Rules is amended by omitting "as a barrister or practitioner" and substituting "to the legal profession".
6. Rule 61 amended (Costs due to delay or misconduct of practitioner)
Rule 61 of the Principal Rules is amended as follows:(a) by omitting from subrule (2)(c) "Law Society" and substituting "Legal Profession Board";(b) by omitting from subrule (4) "Law Society" and substituting "Legal Profession Board".
7. Rule 71 amended (Payment out of Court)
Rule 71 of the Principal Rules is amended by omitting "solicitor" and substituting "practitioner".
8. Rule 72 amended (Remission of money by Principal Registrar)
Rule 72(1) of the Principal Rules is amended by omitting "solicitor" and substituting "practitioner".
9. Rule 89 amended (Applications to Court)
Rule 89(l) of the Principal Rules is amended by omitting "as a legal practitioner or barrister of the Court" and substituting "to the legal profession".
10. Rule 90 amended (Applications to judge in chambers)
Rule 90(1) of the Principal Rules is amended as follows:(a) by omitting from paragraph (zk) "legal";(b) by omitting from paragraph (zl) "legal" twice occurring;(c) by omitting from paragraph (zn) "as a barrister or practitioner" and substituting "to the legal profession".
11. Rule 101 amended (Address of plaintiff or applicant)
Rule 101(b) of the Principal Rules is amended as follows:(a) by omitting "firm of practitioners" and substituting "law practice";(b) by omitting "firm" second occurring and substituting "law practice".
12. Rule 159 amended (Addresses in notice of appearance)
Rule 159(a) of the Principal Rules is amended by omitting "firm of practitioners" and substituting "law practice".
13. Rule 269 amended (Acceptance by plaintiff of money paid into Court)
Rule 269(4) of the Principal Rules is amended by omitting "solicitor" and substituting "practitioner".
14. Rule 270 amended (Part of money paid into Court taken out)
Rule 270(1)(a) of the Principal Rules is amended by omitting "solicitors" and substituting "practitioners".
15. Rule 293 amended (Appointment of litigation guardian)
Rule 293(2) of the Principal Rules is amended by omitting "solicitor" and substituting "practitioner".
16. Rule 299 amended (Compromise by person under disability)
Rule 299(4)(b) of the Principal Rules is amended by omitting "solicitor" twice occurring and substituting "practitioner".
17. Rule 346 amended (Proof of service and default)
Rule 346(2)(a) of the Principal Rules is amended by omitting "solicitor" and substituting "practitioner".
18. Rule 393 amended (Failure to comply with order concerning discovery)
Rule 393 of the Principal Rules is amended as follows:(a) by omitting from subrule (2) "solicitor" and substituting "practitioner";(b) by omitting from subrule (3) "solicitor" and substituting "practitioner".
19. Rule 411 amended (Failure to comply with order concerning interrogatories)
Rule 411 of the Principal Rules is amended as follows:(a) by omitting from subrule (2) "solicitor" and substituting "practitioner";(b) by omitting from subrule (3) "solicitor" and substituting "practitioner".
20. Rule 415 amended (Directions hearing)
Rule 415(8)(a) of the Principal Rules is amended by omitting "solicitor" and substituting "practitioner".
21. Rule 468 amended (Verification of new trustee's consent to act)
Rule 468 of the Principal Rules is amended by omitting "solicitor" and substituting "practitioner".
22. Rule 479 amended (Method of examination)
Rule 479(1) of the Principal Rules is amended by omitting "solicitors" and substituting "practitioners".
23. Rule 500B amended (Inspection of, and dealing with, documents and things produced otherwise than on attendance)
Rule 500B of the Principal Rules is amended as follows:(a) by omitting from subrule (9) "solicitor" and substituting "practitioner";(b) by omitting from subrule (10) "solicitor" first occurring and substituting "practitioner";(c) by omitting from subrule (10)(a) "solicitor" twice occurring and substituting "practitioner".
24. Rule 513 amended (Affidavit sworn before practitioner or agent)
Rule 513 of the Principal Rules is amended as follows:(a) by omitting from paragraph (c) "firm" and substituting "law practice";(b) by omitting from paragraph (d) "solicitor" and substituting "practitioner";(c) by omitting from paragraph (d) "firm" and substituting "law practice".
25. Rule 528 amended (Applications for consent orders)
Rule 528(1)(b) of the Principal Rules is amended by omitting "solicitors" and substituting "practitioners".
26. Rule 535 amended (Papers for use of judge)
Rule 535(a) of the Principal Rules is amended by omitting "solicitor" and substituting "practitioner".
27. Rule 538 amended (Duties of associate)
Rule 538(1)(b) of the Principal Rules is amended by omitting "solicitor" and substituting "practitioner".
28. Rule 550 amended (Powers of judge at pre-trial conference)
Rule 550(3) of the Principal Rules is amended by omitting "solicitor" and substituting "practitioner".
29. Rule 565 amended (Special case by agreement)
Rule 565 of the Principal Rules is amended as follows:(a) by omitting from subrule (3)(a) "solicitors" and substituting "practitioners";(b) by omitting from subrule (5)(b)(ii) "solicitor" and substituting "practitioner".
30. Rule 593 amended (Preparation of issues)
Rule 593(2) of the Principal Rules is amended by omitting "solicitors" and substituting "practitioners".
31. Rule 616 amended (Certificate of result of sale)
Rule 616(1)(b) of the Principal Rules is amended by omitting "solicitor" and substituting "practitioner".
32. Rule 668 amended (Appeal books)
Rule 668 of the Principal Rules is amended as follows:(a) by omitting from subrule (4)(b) "solicitors" and substituting "practitioners";(b) by omitting from subrule (9) "solicitors" and substituting "practitioners".
33. Rule 687 amended (Service of notice of appeal)
Rule 687(1) of the Principal Rules is amended by omitting "solicitor" twice occurring and substituting "practitioner".
34. Rule 721 amended (Notice of registration)
Rule 721(3)(b) of the Principal Rules is amended by omitting "solicitor" and substituting "practitioner".
35. Rule 730 amended (Citations)
Rule 730(3)(b) of the Principal Rules is amended by omitting "solicitor" and substituting "practitioner".
36. Rule 747 amended (Affidavit in support of claim)
Rule 747(2)(b) of the Principal Rules is amended by omitting "solicitor" and substituting "practitioner".
37. Rule 755 amended (Delivery of pleadings)
Rule 755(3) of the Principal Rules is amended by omitting "solicitor" and substituting "practitioner".
38. Rule 759 amended (Application for authority)
Rule 759 of the Principal Rules is amended as follows:(a) by omitting from subrule (1) "solicitor" first occurring and substituting "practitioner";(b) by omitting from subrule (1)(d) "solicitor" and substituting "practitioner";(c) by omitting from subrule (3) "solicitor" and substituting "practitioner".
39. Rule 761 amended (Statement of claim to be retained)
Rule 761 of the Principal Rules is amended by omitting "solicitor" and substituting "practitioner".
40. Rule 763 amended (Amendment of statement of claim)
Rule 763(3) of the Principal Rules is amended by omitting "solicitor" and substituting "practitioner".
41. Rule 766 amended (Appointment of new relator)
Rule 766(2) of the Principal Rules is amended by omitting "solicitor" twice occurring and substituting "practitioner".
42. Rule 768 amended (Requirements for application)
Rule 768 of the Principal Rules is amended as follows:(a) by omitting from paragraph (b) "solicitor" and substituting "practitioner";(b) by omitting from paragraph (c) "solicitor" and substituting "practitioner";(c) by omitting from paragraph (c) "solicitor's" and substituting "practitioner's".
43. Rule 783A amended (Interpretation of Division 2A of Part 32)
Rule 783A of the Principal Rules is amended by omitting the definition of interstate practitioner and substituting the following definition:interstate practitioner means a person who at the time of applying for admission under this Division –(a) is an interstate legal practitioner within the meaning of the Legal Profession Act 2007 ; or(b) is entitled to practise as a barrister, solicitor or barrister and solicitor of the High Court of New Zealand;
44. Rule 783B amended (Application of Division)
Rule 783B of the Principal Rules is amended by omitting "to practise as a barrister or legal practitioner of the Supreme Court" and substituting "to the legal profession".
45. Rule 783D substituted
Rule 783D of the Principal Rules is rescinded and the following rule is substituted:On the filing of an application under rule 783C , the Registrar is to –(a) appoint a hearing date before the Court, a judge or the Associate Judge, which is to be within one month of the filing of the application; and(b) cause a copy of the application with a hearing date inserted in it, and a copy of the notice, to be displayed on a public notice board at the Principal Registry; and(c) forward a copy of the application and a copy of the notice to the Legal Profession Board, Law Society and any other relevant professional association.
46. Rule 783F amended (Applicant not appearing at hearing)
Rule 783F(2)(a) of the Principal Rules is amended by omitting " Part 1 of Schedule 3 to the Legal Profession Act 1993 " and substituting "Form 57BG".
47. Rule 804 amended (Duties of associate)
Rule 804(1)(b) of the Principal Rules is amended by omitting "solicitor" and substituting "practitioner appearing".
48. Rule 811 amended (Entry of satisfaction)
Rule 811(2) of the Principal Rules is amended by omitting "solicitor" and substituting "practitioner".
49. Rule 829 amended (Amount and form of security)
Rule 829(6) of the Principal Rules is amended by omitting "solicitor" and substituting "practitioner".
50. Rule 837 amended (Scales of costs)
Rule 837 of the Principal Rules is amended as follows:(a) by omitting from subrule (1) "solicitor" and substituting "practitioner";(b) by omitting from subrule (3) "solicitor" and substituting "practitioner";(c) by omitting from subrule (4) "solicitor" and substituting "practitioner".
51. Rule 838 amended (Special fee)
Rule 838(c) of the Principal Rules is amended by omitting "solicitor" and substituting "practitioner".
52. Rule 840 amended (Non-attendance or neglect of parties or practitioners)
Rule 840(1) of the Principal Rules is amended as follows:(a) by omitting "solicitor" first occurring and substituting "practitioner";(b) by omitting from paragraph (a) "solicitor" and substituting "practitioner";(c) by omitting from paragraph (c) "solicitor" and substituting "practitioner".
53. Rule 846 amended (Powers of taxing officer)
Rule 846(e) of the Principal Rules is amended by omitting "solicitor" and substituting "practitioner".
54. Rule 854 amended (Powers of taxing officer where costs to be paid out of fund)
Rule 854(b) of the Principal Rules is amended by omitting "solicitor" and substituting "practitioner".
55. Rule 857 amended (Set-off of costs)
Rule 857(2) of the Principal Rules is amended as follows:(a) by omitting "solicitor" first occurring and substituting "practitioner";(b) by omitting from paragraph (a) "solicitor" and substituting "practitioner".
56. Rule 861 amended (Costs if same practitioner acts)
Rule 861 of the Principal Rules is amended as follows:(a) by omitting from subrule (1) "solicitor" and substituting "practitioner";(b) by omitting from subrule (2) "solicitor" and substituting "practitioner";(c) by omitting from subrule (3)(a) "solicitor" and substituting "practitioner";(d) by omitting from subrule (3)(b) "solicitor" and substituting "practitioner".
57. Rule 863 amended (Counsel)
Rule 863(3) of the Principal Rules is amended by omitting "solicitor's" and substituting "practitioner's".
58. Rule 864 amended (Articled clerks)
Rule 864(2) of the Principal Rules is amended as follows:(a) by omitting "solicitor" and substituting "practitioner";(b) by omitting "solicitor's firm" and substituting "practitioner's law practice".
59. Rule 865 amended (Disallowances if bill reduced by a sixth or more)
Rule 865(a) of the Principal Rules is amended by omitting "solicitor" and substituting "practitioner".
60. Rule 869 amended (Interim certificate)
Rule 869(1) of the Principal Rules is amended by omitting "solicitor" three times occurring and substituting "practitioner".
61. Rule 876 amended (Judgment or order requiring any act)
Rule 876(2) of the Principal Rules is amended by omitting "solicitor" and substituting "practitioner".
62. Rule 898 amended (Affidavit of debt)
Rule 898(2) of the Principal Rules is amended by omitting "solicitor" and substituting "practitioner".
63. Rule 901 amended (Renewal of writ)
Rule 901(3)(b) of the Principal Rules is amended by omitting "solicitor" and substituting "practitioner".
64. Rule 937N amended (Independent practitioners)
Rule 937N of the Principal Rules is amended as follows:(a) by omitting from subrule (1) "solicitors" first occurring and substituting "practitioners";(b) by omitting from subrule (1) "solicitors" second occurring and substituting "practitioners";(c) by omitting from subrule (1) "(the "independent solicitors")" and substituting "(the "independent practitioners")";(d) by omitting from subrule (2) "solicitor" first occurring and substituting "practitioner";(e) by omitting from subrule (2) "solicitor or solicitors" and substituting "practitioner or practitioners";(f) by omitting from subrule (2) "solicitor" third occurring and substituting "practitioner".
65. Rule 949 amended (Directions in judgment)
Rule 949(2)(e) of the Principal Rules is amended as follows:(a) by omitting from subparagraph (i) "solicitor" and substituting "practitioner";(b) by omitting from subparagraph (ii) "solicitors" and substituting "practitioners".
66. Rule 955 amended (Advertisements)
Rule 955(b) of the Principal Rules is amended by omitting "solicitor" twice occurring and substituting "practitioner".
67. Rule 962 amended (Jurisdiction of Associate Judge)
Rule 962(1) of the Principal Rules is amended as follows:(a) by omitting from paragraph (g) "as a legal practitioner or barrister of the Court" and substituting "to the legal profession";(b) by omitting from paragraph (h) "legal";(c) by omitting from paragraph (i) "legal" twice occurring.
68. Schedule 2 amended (Court fees and percentages)
Clause 8 of Schedule 2 to the Principal Rules is amended by omitting "solicitor" from column 2 of item 6 in the table and substituting "practitioner".
E. C. CRAWFORD
Chief Justice
P. W. SLICER
Puisne Judge
P. E. EVANS
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 29 October 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 Supreme Court Rules 2000 consequentially on the enactment of the Legal Profession Act 2007 .