Supreme Court Amendment Rules 201619 December 2016
We, the Honourable Alan Michael Blow, OAM, Chief Justice, and the Honourable Shan Eve Tennent, the Honourable Helen Marie Wood and the Honourable Michael Joseph Brett, 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 Rules 2016 .
These Rules of Court take effect on the fourteenth 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 48 substituted
Rule 48 of the Principal Rules is rescinded and the following rule is substituted:48. Vacation excluded for certain purposes
Unless the Court or a judge otherwise directs, the period between the twenty-third day of December and the seventh day of January following is not to be reckoned in the computation of the times appointed or allowed by these rules for the filing, amendment or delivery of any pleading or appearance.
5. Rule 280 amended (Offer of compromise)
Rule 280 of the Principal Rules is amended as follows:(a) by inserting in subrule (3)(a) ", clear of costs," after "money";(b) by omitting from subrule (3)(b) "accept" and substituting "pay";(c) by inserting in subrule (4)(a) "clear of costs" after "money";(d) by inserting in subrule (4)(b) "clear of costs" after "money";(e) by omitting from subrule (4)(b) ", stating whether the offer requires the defendant to pay the whole, or a stated proportion, of the plaintiff's costs";(f) by inserting the following subrule after subrule (4) :(4A) An offer of compromise is to include a term as to costs as provided by rule 281(c) .
6. Rule 281 amended (Form of offer)
Rule 281 of the Principal Rules is amended by omitting paragraph (c) and substituting the following paragraph:(c) is to include an offer to pay or accept –(i) the whole, or a stated proportion, of the other party's costs on a specified scale; or(ii) the whole, or a stated proportion, of the other party's costs on a scale to be determined by the Court or a judge following acceptance of the offer; or(iii) the whole, or a stated proportion, of the other party's costs in a specified sum; or(iv) no costs; and
7. Rule 284 substituted
Rule 284 of the Principal Rules is rescinded and the following rule is substituted:(1) Where an offer of compromise to which rule 281(c)(i) applies is accepted, the party to whom costs are payable may tax costs after the expiry of 7 days after the date of acceptance.(2) Where an offer of compromise to which rule 281(c)(ii) applies is accepted, the party to whom costs are payable must apply to the Court or a judge within 14 days after the date of acceptance for a determination of the scale on which costs are to be paid.(3) Where an offer of compromise is made under rule 280(3)(a) or rule 280(4)(a) and the party to whom it is made wishes to accept it but not the term relating to costs under rule 281(c) , that party may accept the nominated sum but must apply to the Court or a judge within 14 days after the date of acceptance for a determination of that party's entitlement to recover, or liability to pay, costs.(4) A term in an offer of compromise that purports to negative or limit the effect of this rule or rule 281(c) is of no effect for any purpose under this Part.(5) A party to whom costs are payable under this rule may, unless the Court or a judge orders otherwise, sign judgment for the taxed costs after the expiration of 2 days after the conclusion of the taxation.
8. Rule 295 amended (Appointment by Court or judge of litigation guardian)
Rule 295 of the Principal Rules is amended by omitting paragraph (b) and substituting the following paragraph:(b) the Public Guardian under the Guardianship and Administration Act 1995 .
Alan Michael Blow
Chief Justice
Shan Eve Tennent
Puisne Judge
Helen Marie Wood
Puisne Judge
Michael Joseph Brett
Puisne Judge
Countersigned,
Jim Connolly
Registrar
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 28 December 2016
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 that the Public Guardian rather than the DPP is the litigation guardian of last resort; and(b) providing that the Court's vacation period is excluded from the reckoning of time only for limited purposes under the rules, not the rules generally; and(c) revising provisions relating to the making and acceptance of offers of compromise, with particular regard to the issue of costs.