Supreme Court Forms Amendment Rules 2010

Supreme Court Forms Amendment Rules 2010

22 June 2010

We, the Honourable Peter Ethrington Evans, the Honourable Alan Michael Blow, OAM, the Honourable Shan Eve Tennent, the Honourable David James Porter and the Honourable Helen Wood, 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 Forms Amendment Rules 2010 .

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 Forms Rules 2000 are referred to as the Principal Rules.

4.    Schedule 1 amended (Forms)

Schedule 1 to the Principal Rules is amended as follows:

(a) by inserting in Part 1 after

Form 37

Subpoena

the following item:

Form 37A

Notice and declaration

(b) by omitting

Form 61

Judgment after trial without jury or in accordance with an order

from Part 1 and substituting the following item:

Form 61

Judgment after trial without jury or pursuant to an order

(c) by omitting Forms 32 and 33 from Part 2 and substituting the following forms:

Form 32

Form 33

(d) by omitting Form 35 from Part 2 and substituting the following form:

Form 35

(e) by omitting Forms 37 , 41 and 42 from Part 2 and substituting the following forms:

Form 37

Form 37A

Form 41

Form 42 - Certificate of Readiness

(f) by omitting Forms 60 , 61 and 62 from Part 2 and substituting the following forms:

Form 60

Form 61

Form 62

P. E. EVANS

Puisne Judge

A. M. BLOW

Puisne Judge

S. E. TENNENT

Puisne Judge

D. J. PORTER

Puisne Judge

H. M. WOOD

Puisne Judge

Countersigned,

E. A. KNIGHT

Registrar

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

Notified in the Gazette on 30 June 2010

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 Forms Rules 2000 by –

(a) updating the titles used in several forms for the judges and the Associate Judge; and

(b) inserting a form for a notice and declaration to be attached to a subpoena; and

(c) making minor consequential amendments.