Magistrates Court (Civil Division) Amendment Rules 2009 (TAS)

Magistrates Court (Civil Division) Amendment Rules 2009

The Magistrates Rule Committee makes the following rules of court under section 15AE of the Magistrates Court Act 1987 .

1Short titleThese rules of court may be cited as the Magistrates Court (Civil Division) Amendment Rules 2009 . 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 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 as follows: (a) by inserting the following definition after the definition of judgment debt : law practice has the same meaning as in the Legal Profession Act 2007 ; (b) by omitting the definition of practitioner and substituting the following definition: practitioner means an Australian legal practitioner; (c) by omitting the definition of practitioner and client costs . 5Rule 61 amended (Scandalous material) Rule 61(2) of the Principal Rules is amended by omitting "as between practitioner and client" and substituting "on a solicitor and client basis". 6Rule 63 amended (Affidavit sworn before practitioner or agent) Rule 63 of the Principal Rules is amended as follows: (a) by omitting from paragraph (c) "firm of the practitioner" and substituting "law practice of the practitioner"; (b) by omitting from paragraph (d) "firm" and substituting "law practice". 7Rule 138 amended (Entitlement to costs) Rule 138(8) of the Principal Rules is amended by omitting "practitioner and client basis" and substituting "solicitor and client basis".

These rules of court were made by the Magistrates Rule Committee at a meeting held on 25 June 2009.

A. G. SHOTT

Chief Magistrate

M. R. HILL

Deputy Chief Magistrate

S. F. MOLLARD

Member

M. RAPLEY

Member

M. F. DALY

Member

W. M. GRIFFITHS

Member

G. A. HAY

Member

P. F. DIXON

Member

C. P. WEBSTER

Member

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

Notified in the Gazette on 8 July 2009

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