Supreme Court Amendment (Miscellaneous) Rules (No. 2) 201210 October 2012
We, the Honourable Ewan Charles Crawford, Chief Justice, and the Honourable Peter Ethrington Evans, the Honourable Alan Michael Blow, OAM, 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 .
PART 1 - Preliminary
These Rules of Court may be cited as the Supreme Court Amendment (Miscellaneous) Rules (No. 2) 2012 .
(1) Except as provided by this rule, these Rules of Court take effect on the day on which their making is notified in the Gazette.(2) Part 3 takes effect on the day on which Part 21 of the Justice and Related Legislation (Miscellaneous Amendments) Act 2012 commences.
PART 2 - Supreme Court Rules 2000 Amended
In this Part, the Supreme Court Rules 2000 are referred to as the Principal Rules.
4. Rule 381 amended (Interpretation of Part 13)
Rule 381 of the Principal Rules is amended by inserting before the definition of document the following definition:discoverable document – see rule 382 ;
5. Rule 382 substituted
Rule 382 of the Principal Rules is rescinded and the following rule is substituted:382. Mutual discovery of documents
(1) For the purposes of this Division, but subject to any agreement between the parties or an order of the Court or a judge, the discovery obligation is a continuing obligation and the discoverable documents are documents –(a) that are directly relevant to the issues raised by the pleadings; and(b) of which, after a reasonable search, a party is aware; and(c) that are, or have been, in that party's possession, custody or power.(2) For subrule (1)(a) , the documents must meet at least one of the following criteria:(a) the documents are those on which the party intends to rely;(b) the documents adversely affect the party's own case;(c) the documents support another party's case;(d) the documents adversely affect another party's case.(3) For subrule (1)(b) , in making a reasonable search, a party may take into account the following:(a) the nature and complexity of the proceedings;(b) the number of documents involved;(c) the ease and cost of retrieving the document;(d) the significance of any documents likely to be found;(e) any other relevant matter.
6. Rule 386 amended (Order for discovery)
Rule 386(1)(a) of the Principal Rules is amended by omitting "documents that are or have been in the party's possession, custody or power that relate to any matter in question in the proceeding" and substituting "discoverable documents".
7. Rule 388 amended (Order for discovery of particular documents)
Rule 388(1) of the Principal Rules is amended by omitting "a document or class of document relating to any question in a proceeding may be or may have been" and substituting "a discoverable document or class of discoverable documents may be, or may have been,".
8. Rule 392 amended (Order for production for inspection)
Rule 392 of the Principal Rules is amended as follows:(a) by omitting from subrule (2) "document in the possession, custody or power of that other party relating to any matter in question in the proceeding" and substituting "discoverable document";(b) by omitting from subrule (3)(b) "in the possession, custody or power of the other party and that it relates to a matter in question in the proceeding" and substituting "a discoverable document of the other party".
9. Rule 394 amended (Order for production to Court)
Rule 394(1) of the Principal Rules is amended by omitting "document in the possession, custody or power of that party relating to any matter in question in a proceeding" and substituting "discoverable document".
PART 3 - Supreme Court Rules 2000 Further Amended
In this Part, the Supreme Court Rules 2000 are referred to as the Principal Rules.
11. Rule 680A amended (Appeal from Associate Judge)
Rule 680A of the Principal Rules is amended as follows:(a) by omitting subrules (1) and (2) and substituting the following subrules:(1) In this rule –final judgment includes any judgment other than a decision on a matter of procedure –(a) that disposes of an application to extend or waive a time limit on the start of proceedings that is imposed by statute; or(b) that disposes of an application to extend or waive a time limit on the continuation of proceedings that is imposed by statute; or(c) that disposes of an application to set aside a judgment; or(d) that disposes of an application to dismiss proceedings for want of a prosecution; or(e) by which the rights of the parties are finally concluded in respect of any matter in question in a proceeding;interlocutory judgment is any judgment other than a final judgment;judgment includes any decision, order or other determination.(2) A person affected by a judgment of the Associate Judge may appeal against the whole or any part of the judgment by a notice of appeal to –(a) the Full Court, if the judgment was a final judgment; or(b) a judge sitting in chambers, if the judgment was an interlocutory judgment and was given in chambers; or(c) a judge sitting in court, if the judgment was an interlocutory judgment and was given in court.(b) by inserting the following subrule after subrule (3) :(3A) Rules 656, 657, 658 and rules 660 to 678 apply to an appeal from a final judgment and subrules (4) to (15) only apply to an appeal from an interlocutory judgment.
E. C. CRAWFORD
Chief Justice
P. E. EVANS
Puisne Judge
A. M. BLOW
Puisne Judge
D. J. PORTER
Puisne Judge
H. M. WOOD
Puisne Judge
Countersigned,
J. A. CONNOLLY
Registrar
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 17 October 2012
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 amending certain provisions relating to –(a) the discovery and inspection of documents; and(b) appeals from decisions of the Associate Judge to the Full Court.