Magistrates Court (Civil Division) Amendment Rules 2000 (TAS)

Magistrates Court (Civil Division) Amendment Rules 2000

The Rules Committee of Magistrates Court (Civil Division) makes the following Rules of Court under section 22 of the Magistrates Court (Civil Division) Act 1992 .

1Short titleThese rules may be cited as the Magistrates Court (Civil Division) Amendment Rules 2000 . 2CommencementThese rules take effect on the day on which their making is notified in the Gazette. 3Principal RulesIn these rules, the Magistrates Court (Civil Division) Rules 1998 are referred to as the Principal Rules. 4Rule 3 amended (Interpretation) Rule 3 of the Principal Rules is amended by inserting after the definition of conciliation conference the following definition: conciliator means a person appointed under rule 80A to conduct conciliation conferences and mediation conferences; 5Rule 80A insertedAfter rule 80 of the Principal Rules , the following rule is inserted in Part 4: 80AAppointment of conciliators (1)  For the purpose of this Part, the Chief Magistrate may appoint one or more persons as a conciliator. (2)  An appointment under subrule (1) is subject to any terms and conditions the Chief Magistrate determines. 6Rule 85 substituted Rule 85 of the Principal Rules is rescinded and the following rule is substituted: 85Orders at conference or hearing (1)  At a directions hearing or listing conference, the Court may make any order or do anything that it is empowered to make or do under these rules. (2)  At a conciliation conference or mediation conference, a conciliator may make any order or do anything that the Court is empowered to make or do under these rules. 7Rule 152 amended (Review of registrar's or conciliator's decision) Rule 152(1) of the Principal Rules is amended by inserting "or a conciliator" after "registrar".

These Rules of Court were made by the Rules Committee of Magistrates Court (Civil Division) at a meeting held on 2 November 2000.

Arnold George Shott

Chief Magistrate

Shan Eve Tennent

Magistrate

Roger Cedric Willee

Member

Sam Mollard

Member

Helen Wood

Member

Don Jones

Member

Peter Dixon

Member

Zygmunt Szramka

Member

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

Notified in the Gazette on 15 November 2000

These rules are administered in the Department of Justice and Industrial Relations.

EXPLANATORY NOTE

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

(a) at a conciliation conference or mediation conference, a conciliator may make any order or do anything that the Court is empowered to make or do under those rules; and (b) a person may apply to a magistrate for a review of a conciliator’s decision.