Magistrates Court (Civil Division) Rules 1998 (Tas)

Magistrates Court (Civil Division) Rules 1998

The Rules Committee of Magistrates Court (Civil Division) makes the following rules under the Magistrates Court (Civil Division) Act 1992 .

PART 1 - Preliminary

1. Short title These rules may be cited as the Magistrates Court (Civil Division) Rules 1998 .

2. Commencement These rules take effect on 30 March 1998.

3. Interpretation In these rules – Act means the Magistrates Court (Civil Division) Act 1992 ; action means an action commenced by a claim; address for service, in relation to a party or a practitioner acting on behalf of a party, is the address shown on any document filed by the party or practitioner in the course of a proceeding; application means – (a) an originating application, in writing, by which a proceeding mentioned in Division 4A of Part 3 is commenced; or (b) an interlocutory application, whether oral or in writing, made to the Court in the course of any proceedings already commenced in the Court; approved means approved by the Chief Magistrate; approved document exchange means a document exchange approved under rule 159(1) ; assessed, in relation to costs, means assessed under Division 2 of Part 9 ; assessment of costs means an assessment of costs under rule 148 ; assessment officer means the Court or a registrar who conducts an assessment of costs; attachment order means an order made under rule 125(1) ; bill of costs means a bill of costs referred to in rule 146 ; certified rate means the rate of interest applicable to the Litigants Fund for the period of 6 months immediately preceding 30 June or 31 December in any year; claim includes any minor civil claim, any other claim commencing an action or any defence, counterclaim, set-off, reply, interpleader or third party claim; claimant includes a claimant in a counterclaim or third party claim; complex proceeding means a complex proceeding referred to in rule 139 ; conciliation conference means a conference held to consider the matters specified in rule 87 ; conciliator means a person appointed under rule 80A to conduct conciliation conferences and mediation conferences; conduct a proceeding includes compromise a proceeding; consent judgment means a judgment entered in the terms of a consent filed jointly by the parties; Court seal means – (a) the seal of the Magistrates Court within the meaning of the Magistrates Court Act 1987 ; or (b) a seal in the custody of a district registrar under the Magistrates Court Act 1987 ; Court stamp means the stamp of the Court bearing an imprint identical to the Court seal; date of judgment means the date on which a judgment takes effect; default judgment means judgment entered against a party – (a) in default of defence; or (b) in default of compliance with an order of the Court; defence means a defence filed under rule 48 ; defendant includes a defendant to a counterclaim or third party claim; directions hearing means a hearing referred to in rule 80(1)(a) ; district registrar means a district registrar appointed under the Magistrates Court Act 1987 ; district registry means a district registry established under the Magistrates Court Act 1987 ; document includes – (a) a copy of a document; and (b) in addition to a document in writing – (i) an audio tape; or (ii) a computer program or software, and any data or information recorded in or processed by a computer; or (iii) a film; or (iv) a microfiche record; DX number means the identifying number of a box at an approved document exchange from where a person is entitled to collect documents; EDX means the electronic exchange of documents approved under rule 159(1) ; evidentiary material means any document, object or substance of evidentiary value – (a) that is produced in proceedings before the Court; or (b) that, in the opinion of the Court, ought to be produced for the purpose of enabling the Court to determine whether or not it has evidentiary value; execution means the enforcement of a judgment; fax means a facsimile of a document transmitted electronically through a telecommunications system; filed means filed in a registry; film includes a photograph, videotape or cinematographic film; final judgment means – (a) a consent judgment; or (b) any judgment given at the conclusion of a trial; or (c) any judgment made in the terms of the acceptance of – (i) an offer of compromise; or (ii) a payment into Court; or (d) a summary judgment; function includes duty; infant means a person who has not attained the age of 18 years; interlocutory judgment means any judgment that is not a final judgment; judgment means – (a) a judgment, declaration, decree, decision or order of the Court finally disposing of a proceeding; or (b) an interlocutory judgment, declaration, decree, decision or order of the Court; judgment debt includes costs and interest; law practice has the same meaning as in the Legal Profession Act 2007 ; listing conference means a conference held under rule 80(1)(d) ; Litigants Fund means the Magistrates Court (Civil Division) Litigants Fund established under rule 159 ; litigation guardian means a litigation guardian appointed or self-appointed under rule 21 ; magistrate means a magistrate within the meaning of the Magistrates Court Act 1987 ; mediation conference means a conference referred to in rule 80(1)(c) ; Motor Accidents Insurance Board means the Motor Accidents Insurance Board established under section 4 of the Motor Accidents (Liabilities and Compensation) Act 1973 ; operative date means the earlier of – (a) 21 days after the issue of a notice of trial; or (b) the date on which a conciliation conference is concluded; or (c) if the Court adjourns a conciliation conference, the date to which the conference has been adjourned; order includes – (a) a direction; and (b) the granting of leave; originating process means – (a) any document by which an original proceeding is commenced; and (b) a claim; party means a party to any proceeding; payment into Court means a payment to a registrar under rule 92(1) ; person under disability means – (a) an infant; or (b) any other party who by reason of physical, mental or intellectual impairment is unable to give sufficient instructions to conduct a proceeding; pleadings includes a statement in writing of the claim of a party and any particulars of that statement; practice direction means a practice direction under rule 9 ; practitioner means an Australian legal practitioner; prescribed rate means the prescribed rate for the purpose of Division 2 of Part 5 of the Act; proceeding means any matter commenced by originating process; property means real or personal property; representation order means an order under rule 16 ; routine proceeding means any action other than a complex proceeding; sealed means – (a) sealed with the Court seal; or (b) stamped with the Court stamp; service means service under rule 40 ; substituted service means service in accordance with an order of the Court under rule 42 ; summary judgment means a summary judgment under rule 115 ; summons means a summons to a witness under rule 102 ; third party includes any subsequent party; third party claim means a claim filed against a third party under rule 52 ; time for service means the period of time within which a document is to be served; time limit means the period of time within which a party is to take a proceeding or do any other thing.