Supreme Court Amendment (Miscellaneous) Rules 200926 June 2009
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 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 (Miscellaneous) Rules 2009 .
These Rules of Court take effect on the seventh day after 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 116 amended (Claim for unliquidated damages)
Rule 116 of the Principal Rules is amended by omitting "$20 000." and substituting "$50 000.".
5. Rule 202 amended (Third party notice)
Rule 202(2)(a) of the Principal Rules is amended by omitting "at any time before" and substituting "within 30 days after".
6. Rule 242 amended (Amount of unliquidated damages)
Rule 242 of the Principal Rules is amended by omitting "$20 000." and substituting "$50 000.".
7. Part 13, Division 2A: Heading amended
Division 2A of Part 13 of the Principal Rules is amended by omitting "Preliminary discovery" from the heading to that Division and substituting "Preliminary discovery and discovery from non-party".
8. Rule 403B amended (Privilege)
Rule 403B of the Principal Rules is amended as follows:(a) by inserting "or answer" after "required to produce";(b) by omitting from paragraph (b) "party." and substituting "party; or";(c) by inserting the following paragraph after paragraph (b) :(c) in the case of an order under rule 403FA , if the person had been served with a subpoena for production of the document at the trial of the proceeding in respect of which the order is made.
9. Rule 403FA inserted
After rule 403F of the Principal Rules , the following rule is inserted in Division 2A:403FA. Discovery from non-party
(1) If it appears to the Court or a judge that a person who is not a party to a proceeding has or is likely to have, or has had or is likely to have had, in that person's possession any document that relates to any matter in question in the proceeding, the Court or judge may order that person to –(a) make and serve on each party a list of the documents that are or have been in that person's possession that relate to any matter in question in the proceeding; and(b) make and file an affidavit verifying the list and serve a copy of the affidavit on each party.(2) An order under subrule (1) may be limited to certain documents or classes of documents or to certain of the matters in question in the proceeding.(3) If an order is made under subrule (1) , rules 384 , 385 , 388 , 390 , 391 , 392 , 393 , 394 , 395 and 398 apply, with any necessary modifications, as if the person against whom the order is made were a party to the proceeding.(4) The Court or a judge may make an order under subrule (1) on condition that the applicant gives security for the costs and expenses of the person against whom the order is made.(5) An order made under subrule (1) may be revoked or varied by a subsequent order of the Court or a judge at or before trial.
10. Rule 717 amended (Application for registration)
Rule 717(1) of the Principal Rules is amended as follows:(a) by omitting " Part II " and substituting "Part 2";(b) by inserting "the Court or" after "application to".
11. Rule 721 amended (Notice of registration)
Rule 721(2) of the Principal Rules is amended by inserting "the Court or" after "manner".
12. Rule 824 rescinded
Rule 824 of the Principal Rules is rescinded.
13. Rule 827 amended (Half-fees)
Rule 827(b) of the Principal Rules is amended by omitting "$20 000 –" and substituting "$50 000 –".
14. Rule 837 amended (Scales of costs)
Rule 837(4)(b) of the Principal Rules is amended by omitting "$20 000." and substituting "$50 000.".
15. Schedule 1 amended (Fees and costs)
Schedule 1 to the Principal Rules is amended as follows:(a) by omittingfrom Part 2 and substituting:
Amount involved does not exceed $10 000.00
Amount involved exceeds $10 000.00 but does not exceed $20 000.00
Amount involved does not exceed $10 000.00
Amount involved exceeds $10 000.00 but does not exceed $50 000.00
(b) by omittingfrom Part 3 and substituting:
ITEM
FEES (Claim exceeding $20 000.00)
ITEM
FEES (Claim exceeding $50 000.00)
(c) by omittingfrom Part 4 and substituting:
In respect of a debt exceeding $20 000.00
$162.00
In respect of a debt exceeding $50 000.00
$162.00
(d) by omittingfrom Part 4 and substituting:
In respect of a debt not exceeding $20 000.00
$109.00
In respect of a debt not exceeding $50 000.00
$109.00
16. Schedule 2 amended (Court fees and percentages)
Schedule 2 to the Principal Rules is amended as follows:(a) by omitting item 4 ;(b) by omitting from item 7 "$20 000," and substituting "$50 000,";(c) by omitting the table and substituting the following table:
Table of fees and percentages
Fees and percentages to be taken in all proceedings (including probate actions) subject to this part of these rules
Item
Fee $
1.
On the commencement of a cause or matter (other than for admission to the legal profession)
410
2.
On the commencement of proceedings for admission to the legal profession
150
3.
Transcripts –
(a) for a copy of a transcript which has already been transcribed
0.50 per page
(b) for a copy of a transcript which is required to be transcribed
5.50 per page
4.
On the taxation of a bill of costs
4% of the amount allowed, or such lesser amount as the taxing officer, in the officer's discretion, thinks proper
5.
On filing any notices instituting an appeal from any order or judgment of the Court or any Judge of the Court (excluding an appeal under rule 965)
540
6.
On filing any notices instituting an appeal from an inferior court, statutory tribunal or referee
410
7.
For every search or inspection of any index, register, file or other document, except where any such search or inspection is made by a person who is a party to that cause or matter or the practitioner for that party
17.50
8.
For any photocopy of a document
0.50 per page
9.
On the appointment of a mediation if the mediator is an employee of, or otherwise engaged by, the Supreme Court
300
17. Schedule 5 amended ( Rules of the Supreme Court 1965 amended)
Clause 1 of Schedule 5 to the Principal Rules is amended by inserting after subclause (6) the following subclause:(7) Part X of the Rules of the Supreme Court 1965 is rescinded.
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 8 July 2009
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 –(a) providing for discovery of documents from persons who are not parties to proceedings; and(b) decreasing the fee payable on the commencement of proceedings for admission to the legal profession and increasing certain other fees payable in respect of proceedings; and(c) making minor consequential and miscellaneous amendments.