Civil Process Act 1985 (Tas)

Civil Process Act 1985

An Act to simplify the commencement of civil proceedings in the Supreme Court and to amend the Supreme Court Civil Procedure Act 1932 [Royal Assent 17 October 1985]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1. Short title This Act may be cited as the Civil Process Act 1985 .

2. Commencement (1) This section and section 1 shall commence on the day on which this Act receives the Royal Assent. (2) Except as provided in subsection (1) , this Act shall commence on such day as may be fixed by proclamation.

3. Purpose of Act The purpose of this Act is to expedite civil proceedings in the Supreme Court by simplifying their commencement and making that commencement more flexible and by simplifying the taking of interlocutory proceedings.

4. Prevalence of this Act (1) The Supreme Court Civil Procedure Act 1932 and all other enactments relating to procedure in the Supreme Court shall be read subject to this Act and the Rules of Court made pursuant to it. (2) Nothing in this Act applies to the procedure or practice in – (a) criminal causes, matters, or proceedings; (b) proceedings in bankruptcy or insolvency; (c) proceedings on applications lodged under section 232 of the Electoral Act 2004 ; (d) proceedings under Part XI of the Justices Act 1959 ; (e) proceedings under – (i) the Companies (Tasmania) Code ; (ii) the Companies (Acquisition of Shares) (Tasmania) Code ; or (iii) the Securities Industry (Tasmania) Code ; or (iv) the Corporations Act; (f) proceedings under the Debtors Act 1870 ; (g) proceedings under – (i) the Workers Rehabilitation and Compensation Act 1988 ; or (ii) the Asbestos-Related Diseases (Occupational Exposure) Compensation Act 2011 ; or (h) appeals. (3) Where any enactment confers jurisdiction on the Supreme Court or a judge of that Court and prescribes procedure for its exercise that is different from the procedure prescribed by or under this Act, the latter procedure shall be deemed to be required by that enactment in lieu of the procedure prescribed by it.