Supreme Court Rules 2000 (Tas)

Supreme Court Rules 2000

3 March 2000

We, the Honourable William John Ellis Cox, AC, RFD, ED, Chief Justice, and the Honourable Peter George Underwood, the Honourable Ewan Charles Crawford and the Honourable Peter Ethrington Evans, 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 .

PART 1 - Preliminary

1. Short title These Rules of Court may be cited as the Supreme Court Rules 2000 .

2. Commencement These Rules of Court take effect on 1 May 2000.

PART 2 - Application, Interpretation and Preliminary Matters

Division 1 - Preliminary

3. Application of these rules Subject to rules 3A and 4 , the provisions of these rules apply to any civil proceedings commenced in Court.

3A. Admiralty jurisdiction (1) This rule applies to the following persons: (a) the Principal Registrar; (b) the Deputy Registrar; (c) the Assistant Deputy Registrar. (2) In civil proceedings in the admiralty jurisdiction of the Court, a person to whom this rule applies may perform the functions and exercise the powers of the Registrar and the Marshal under the Admiralty Rules 1988 of the Commonwealth. (3) If a person to whom this rule applies cannot conveniently execute a warrant or other instrument related to civil proceedings in the admiralty jurisdiction of the Court – (a) that person may engage an appropriate officer of the Court to execute the warrant or instrument; and (b) the officer referred to in paragraph (a) is authorised to execute that warrant or instrument. (4) In any civil proceedings in the admiralty jurisdiction of the Court – (a) a fee is payable in respect of those proceedings in relation to any matter for which a fee is payable for that matter in any other civil proceedings under these Rules; and (b) a fee payable under paragraph (a) in relation to a matter is the same as the fee payable for that matter in any other civil proceedings.