Supreme Court Amendment (Prerogative Writs) Rules 201111 April 2011
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, the Honourable David James Porter and the Honourable Helen Marie 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 .
These Rules of Court may be cited as the Supreme Court Amendment (Prerogative Writs) Rules 2011 .
These Rules of Court take effect on 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 89 amended (Applications to Court)
Rule 89(m) of the Principal Rules is amended by omitting "order for certiorari" and substituting "order for relief similar to certiorari".
5. Rule 90 amended (Applications to judge in chambers)
Rule 90(1) of the Principal Rules is amended as follows:(a) by omitting from paragraph (z) "certiorari, mandamus or prohibition" and substituting "relief similar to certiorari, mandamus or prohibition";(b) by omitting from paragraph (za) "quo warranto" and substituting "quo warranto";(c) by omitting from paragraph (zb) "relief of a similar nature to mandamus or quo warranto" and substituting "relief similar to mandamus or quo warranto".
6. Part 26: Heading amended
Part 26 of the Principal Rules is amended by omitting "PREROGATIVE WRITS" from the heading to that Part and substituting "RELIEF SIMILAR TO CERTIORARI, MANDAMUS AND PROHIBITION AND WRITS OF HABEAS CORPUS".
7. Part 26, Division 1: Heading amended
Division 1 of Part 26 of the Principal Rules is amended by omitting "Certiorari, mandamus and prohibition" from the heading to that Division and substituting "Relief similar to certiorari, mandamus and prohibition".
8. Rule 623 amended (Applications)
Rule 623 of the Principal Rules is amended as follows:(a) by omitting subrule (1) and substituting the following subrule:(1) An application for relief similar to certiorari, mandamus or prohibition may be made to the Court or a judge.(b) by omitting from subrule (3)(a) "a writ of certiorari" and substituting "relief similar to certiorari";(c) by omitting from subrule (3)(b) "a writ of certiorari, mandamus or prohibition" and substituting "relief similar to certiorari, mandamus or prohibition";(d) by omitting from subrule (4)(a) "a mandamus or" and substituting "relief similar to mandamus or an";(e) by omitting from subrule (5)(a)(iii) "writ" and substituting "order".
9. Rule 627 amended (Forms of relief)
Rule 627(2) of the Principal Rules is amended as follows:(a) by inserting "may order that" after " rule 623(3) , the Court or judge";(b) by omitting from paragraph (a) "instead of ordering that a writ of certiorari issue, may order that";(c) by omitting from paragraph (b) "instead of ordering that a writ of mandamus issue, may order that";(d) by omitting from paragraph (c) "instead of ordering that a writ of prohibition issue, may order that".
10. Rule 629 amended (Hearing on return of general orders)
Rule 629(9) of the Principal Rules is amended by omitting "and of any writ ordered to be issued" and substituting "and of any order made".
11. Rule 630 substituted
Rule 630 of the Principal Rules is rescinded and the following rule is substituted:630. Orders under rule 627(2)(a) , (b) or (c)
(1) The provisions of these rules relating to the service of writs apply to orders under rule 627(2)(a) , (b) or (c) .(2) Unless otherwise ordered, an order under rule 627(2)(a) , (b) or (c) is sufficiently served on –(a) a magistrate or justice in petty sessions if directed to the relevant clerk of petty sessions; or(b) a statutory tribunal or board if directed to the chairperson, presiding member or clerk of the tribunal or board.
12. Part 26, Division 2: Heading amended
Division 2 of Part 26 of the Principal Rules is amended by omitting "Certiorari" from the heading to that Division and substituting "Relief similar to certiorari".
13. Rule 631 amended (Restrictions on grant of relief similar to certiorari)
Rule 631 of the Principal Rules is amended by omitting "for the issue of a writ of certiorari to remove any order, warrant, commitment, conviction, inquisition or record, or instead of a writ under rule 627(2)(a) ," and substituting "under rule 627(2)(a) ".
14. Rule 632 amended (Quashing on return of order)
Rule 632 of the Principal Rules is amended by omitting "a writ of certiorari" and substituting "relief similar to certiorari".
15. Part 26, Division 3: Heading amended
Division 3 of Part 26 of the Principal Rules is amended by omitting "Mandamus" from the heading to that Division and substituting "Relief similar to mandamus".
16. Rule 633 amended (Order to command act)
Rule 633 of the Principal Rules is amended as follows:(a) by omitting from subrule (1) "a writ of mandamus" and substituting "an order for relief similar to mandamus";(b) by omitting from subrule (2) "The Court or a judge may order that a writ of mandamus is to" and substituting "An order for relief similar to mandamus may".
17. Rule 634 amended (When order is returnable)
Rule 634 of the Principal Rules is amended as follows:(a) by omitting from subrule (1) "A writ of mandamus" and substituting "An order for relief similar to mandamus";(b) by omitting from subrule (2) "writ" first occurring and substituting "order for relief".
18. Rule 635 amended (Return of order)
Rule 635 of the Principal Rules is amended as follows:(a) by omitting from subrule (1) "a writ of mandamus" and substituting "a first order for relief similar to mandamus";(b) by omitting from subrule (1) "writ" second occurring and substituting "order";(c) by omitting from subrule (2) "writ" first occurring and substituting "order";(d) by omitting from subrule (2) "writ" second occurring and substituting "order";(e) by omitting from subrule (2) "writ" third occurring and substituting "order";(f) by omitting from subrule (2)(a) "writ" and substituting "order";(g) by omitting from subrule (2)(b) "writ" and substituting "order".
19. Rule 636 amended (Judgment to obtain peremptory order)
Rule 636 of the Principal Rules is amended as follows:(a) by omitting from subrule (1) "writ of mandamus" and substituting "order for relief similar to mandamus";(b) by omitting from subrule (2) "in mandamus" and substituting "for relief similar to mandamus";(c) by omitting from subrule (5) "writ of mandamus" and substituting "order for relief similar to mandamus";(d) by omitting from subrule (5) "writ" second occurring and substituting "order".
20. Rule 637 amended (Substitution of persons)
Rule 637 of the Principal Rules is amended as follows:(a) by omitting "a writ of mandamus" and substituting "an order for relief similar to mandamus";(b) by omitting "writ" second occurring and substituting "order";(c) by omitting "writ" third occurring and substituting "order";(d) by omitting from paragraph (a) "peremptory writ of mandamus" and substituting "peremptory order for relief similar to mandamus".
21. Rule 638 amended (Quashing of return)
Rule 638 of the Principal Rules is amended as follows:(a) by omitting from subrule (1) "a writ of mandamus" and substituting "an order for relief similar to mandamus";(b) by omitting from subrule (2) "writ of mandamus" twice occurring and substituting "order for relief similar to mandamus";(c) by omitting subrule (3) and substituting the following subrule:(3) If –(a) an order for relief similar to mandamus which was peremptory is quashed; or(b) a second order for relief similar to mandamus is quashed –then the Court or a judge may –(c) issue a writ of attachment; or(d) commit the respondent for contempt.
22. Rule 639 amended (Claim for relief similar to mandamus in action)
Rule 639 of the Principal Rules is amended as follows:(a) by omitting from subrule (1) "mandamus" and substituting "relief similar to mandamus";(b) by omitting from subrule (4) "mandamus" and substituting "relief similar to mandamus";(c) by omitting subrule (5) .
23. Part 26, Division 4: Heading amended
Division 4 of Part 26 of the Principal Rules is amended by omitting "Procedendo and quo warranto" from the heading to that Division and substituting "Relief similar to procedendo and quo warranto".
24. Rule 640 amended (Relief similar to procedendo)
Rule 640 of the Principal Rules is amended as follows:(a) by omitting "a writ of prohibition" and substituting "an order for relief similar to prohibition";(b) by omitting "issuing the writ";(c) by omitting "direct that a writ of procedendo be issued" and substituting "make an order for relief similar to procedendo";(d) by omitting "writ of prohibition was issued" and substituting "order was made";(e) by omitting paragraph (b) and substituting the following paragraph:(b) to proceed as if the order for relief similar to prohibition had not been made.
25. Rule 641 amended (Application for leave to exhibit information)
Rule 641(4) of the Principal Rules is amended by omitting ""the person against whom the writ is proposed to be directed"" and substituting ""the person against whom the order is proposed to be directed"".
26. Rule 812 amended (Entry of judgment or order)
Rule 812(3) of the Principal Rules is amended by omitting paragraph (d) and substituting the following paragraphs:(d) the order is an order nisi for relief similar to certiorari, mandamus, prohibition, procedendo or quo warranto or an order absolute instead of the issue of such an order; or(da) the order is an order nisi for the grant of a writ of habeas corpus or an order absolute instead of the issue of such a writ; or
27. Rule 877 amended (Order that act be done at expense of party in default)
Rule 877(1) of the Principal Rules is amended by omitting "a writ of mandamus," and substituting "an order for relief similar to mandamus,".
28. Rule 962 amended (Jurisdiction of Associate Judge)
Rule 962(1)(b) of the Principal Rules is amended by omitting "a writ of certiorari, mandamus or prohibition or for relief similar to mandamus" and substituting "relief similar to certiorari, mandamus or prohibition".
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
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 20 April 2011
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 updating provisions relating to certain prerogative writs that, by virtue of section 43 of the Judicial Review Act 2000 , are no longer issued.