Supreme Court Amendment (Miscellaneous) Rules 201414 April 2014
We, the Honourable Alan Michael Blow, OAM, Chief Justice, and the Honourable Shan Eve Tennent, the Honourable David James Porter, the Honourable Helen Marie Wood, the Honourable Stephen Estcourt and the Honourable Robert William Pearce, 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 2014 .
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 347 amended (Final judgment for liquidated demand)
Rule 347 of the Principal Rules is amended by inserting after subrule (2) the following subrule:(3) A debt or liquidated demand referred to in subrule (1) is taken to include a claim pursuant to an Act or Commonwealth Act for the recovery of a sum of money that has been paid pursuant to an Act or Commonwealth Act.
5. Rule 353 amended (Default in actions not otherwise specially provided for)
Rule 353 of the Principal Rules is amended by omitting subrule (4) .
6. Rule 672 amended (Powers of the Full Court)
Rule 672(6B)(a) of the Principal Rules is amended by omitting "as to costs" and substituting "on any matter other than an order agreeing to allow or uphold the appeal".
7. Rule 708A inserted
After rule 708 of the Principal Rules , the following rule is inserted in Division 4:708A. Applicant may have appeal dismissed
(1) An appellant who does not prosecute an appeal is not taken to have abandoned the appeal until that appellant has filed with the Principal Registrar and served on the respondent a notice of discontinuance.(2) A notice of discontinuance is to be in accordance with the prescribed form.(3) On the filing and service of a notice under subrule (1) , the appeal is taken to be dismissed with costs.
8. Rule 850A inserted
After rule 850 of the Principal Rules , the following rule is inserted in Division 3:850A. Objection to bill of costs
(1) In this regulation –appointed day means the day appointed under rule 849(2) for taxation of a bill.(2) A taxing officer may, not less than 10 days before the appointed day, require a party on whom a bill is served to file a notice of objection –(a) stating, by a list, each item in the bill to which the party objects; and(b) stating specifically and concisely the grounds of objection to each item.(3) The notice of objection is to be filed with the Court and served on the party claiming costs not less than three days before the appointed day.
9. Rule 868 amended (Review of taxing officer's decision by judge)
Rule 868(3) of the Principal Rules is amended by omitting "evidence which was" and substituting "materials which were".
A. M. BLOW
Chief Justice
S. E. TENNENT
Puisne Judge
D. J. PORTER
Puisne Judge
H. M. WOOD
Puisne Judge
S. P. ESTCOURT
Puisne Judge
R. W. PEARCE
Puisne Judge
Countersigned,
J. A. CONNOLLY
Registrar
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 23 April 2014
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) defining "debt or liquidated demand" as referred to in rule 347(1) ; and(b) omitting an obsolete provision; and(c) providing in relation to certain appeals that a judge in chambers may make a consent order on certain matters; and(d) providing that a notice of discontinuance may be filed in respect of appeals from statutory tribunals; and(e) providing for the filing and serving of notices of objection to bills of cost.