Supreme Court Forms Amendment Rules 2017


Tasmanian Crest
Supreme Court Forms Amendment Rules 2017
14 December 2017

We, the Honourable Alan Michael Blow, OAM, Chief Justice, and the Honourable Helen Marie Wood, the Honourable Stephen Peter Estcourt, the Honourable Robert William Pearce, the Honourable Michael Joseph Brett and the Honourable Gregory Peter Geason, 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 2017 .

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 omitting the following item

Form 6A

Notice to defendant served outside Australia

from Part 1 ;
(b) by omitting

Form 37

Subpoena

Form 37A

Notice and declaration

from Part 1 and substituting the following items:

Form 37

Subpoena to give evidence

Form 38

Subpoena to produce documents or things

Form 39

Subpoena to give evidence and produce documents or things

(c) by inserting in Part 1 after

Form 83B

Summary of document to be served

the following item:

Form 83C

Notice to defendant served outside of Australia

(d) by omitting Form 6A from Part 2 ;
(e) by omitting Forms 37 and 37A from Part 2 and substituting the following forms:
Form 37
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Form 38
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Form 39
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(f) by inserting the following form after Form 83B in Part 2 :
Form 83C
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A. M. BLOW

Chief Justice

H. M. WOOD

Puisne Judge

S. P. ESTCOURT

Puisne Judge

R. W. PEARCE

Puisne Judge

M. J. BRETT

Puisne Judge

G. P GEASON

Puisne Judge

Countersigned,

J. A. CONNOLLY

Registrar

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

Notified in the Gazette on 20 December 2017

EXPLANATORY NOTE

(This note is not part of the rule)

These Rules of Court amend the Supreme Court Forms Rules 2000 , consistent with the recommendations of the Harmonisation of Rules Committee, to update the forms relating to –
(a) subpoenas; and
(b) service outside of Australia.