Supreme Court Amendment Rules (No. 2) 201814 November 2018
We, the Honourable Alan Michael Blow, AO, Chief Justice, and the Honourable Helen Marie Wood, the Honourable Stephen Peter Estcourt, AM, 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 .
These Rules of Court may be cited as the Supreme Court Amendment Rules (No. 2) 2018 .
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 601 amended (Application for delivery of possession)
Rule 601 of the Principal Rules is amended as follows:(a) by omitting subrule (1) and substituting the following subrule:(1) An application by a mortgagee under section 146(1) of the Land Titles Act 1980 for delivery of possession by a mortgagor is to –(a) include a schedule setting out so much of the following information as is known and applicable:(i) the address of the relevant land;(ii) the title reference of that land;(iii) the date of, parties to, and registered number of, the mortgage;(iv) the amount claimed to be due under the mortgage and particulars of how that amount is calculated;(v) the daily amount of interest accruing under the mortgage;(vi) the costs of the application as set out in Part 5 of Schedule 1; and(b) be supported by an affidavit.(b) by omitting subrule (3) .
5. Schedule 1 amended (Fees and costs)
Schedule 1 to the Principal Rules is amended by omitting Part 5 and substituting the following Part:PART 5 - Costs to be endorsed on application under section 146(1) of the Land Titles Act 1980 for possession of property
1.
Costs of the application
$449.00
In addition to the above fee, the practitioner may claim the Court fees set out in the Supreme Court (Fees) Rules 2017 , and the fee, if any, prescribed under section 5(1) of the Appeal Costs Fund Act 1968 .
6. Rescission of Rules of Court
These Rules of Court are rescinded on the three hundred and sixty fifth day from the day on which they take effect.
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 21 November 2018
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 to update the procedure in relation to mortgagee possession applications under the Land Titles Act 1980 .