Justices Amendment Rules 2005 (TAS)

Justices Amendment Rules 2005

The Magistrates Rule Committee, in the exercise of its powers under section 15AE of the Magistrates Court Act 1987 , makes the following rules of court for courts of summary jurisdiction exercising jurisdiction under the Justices Act 1959 .

1Short titleThese rules of court may be cited as the Justices Amendment Rules 2005 . 2CommencementThese rules of court take effect on the day on which their making is notified in the Gazette. 3Principal RulesIn these rules of court, the Justices Rules 2003 are referred to as the Principal Rules. 4Rule 22 rescinded Rule 22 of the Principal Rules is rescinded. 5Rule 54Q amended (Service of orders) Rule 54Q of the Principal Rules is amended by omitting subrule (2) and substituting the following subrule: (2)  If an FVO or interim FVO is made, varied or extended by a magistrate while the respondent is present in court, the magistrate may order that the FVO or interim FVO be served on any person and in any manner the magistrate thinks fit. 6Rule 68A insertedAfter rule 68 of the Principal Rules , the following rule is inserted in Part 11: 68AEvidence of service (1)  Evidence of the service of an application, an affidavit, an order, a notice, a complaint, a summons or any other court process may be provided by – (a) a memorandum signed by the person who served it; or (b) the sworn evidence, affidavit or statutory declaration of that person. (2)  A memorandum of service is to include details of the date, time, place and method of service and the full name and address of the person who served it. (3)  A memorandum of service is evidence, until the contrary is shown – (a) that the memorandum was signed by the person whose signature it purports to be; and (b) that the statements contained in the memorandum are true. (4)  If service of any court process was effected on a person by registered mail, service of the court process may be proved by – (a) a signed memorandum on the court process referred to in subrule (1) that specifies the serial number of an apparently duly completed registered mail posting receipt of Australia Post for the registered mail by which the court process was served together with – (i) the apparently duly completed registered mail posting receipt of Australia Post bearing that serial number; and (ii) an apparently duly completed return card of Australia Post showing that a registered mail article, bearing the serial number referred to in subparagraph (i) , was received by – (A) in the case of any court process other than a summons, any person; or (B) in the case of a summons, a person referred to in rule 20(1) ; or (b) the sworn evidence of the person who served the court process together with the documents referred to in paragraph (a)(i) and (ii)  – unless the person proves that the court process was not received by that person or another person on that person’s behalf.

These rules of court were made by the Magistrates Rule Committee at a meeting held on 3 May 2005 by tele-conference.

M. R. HILL

Deputy Chief Magistrate

S. F. MOLLARD

Member

H. M. WOOD

Member

I. R. MATTERSON

Member

R. C. WILLEE

Member

P. H. WILSON

Member

T. J. HILL

Member

Z. S. SZRAMKA

Member

M. RAPLEY

Member

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

Notified in the Gazette on 18 May 2005

These rules are administered in the Department of Justice.

EXPLANATORY NOTE

(This note is not part of the rule) These rules of court amend the