Supreme Court Amendment (Miscellaneous) Rules 2005
We, the Honourable PETER GEORGE UNDERWOOD, Officer of the Order of Australia, Chief Justice, and the Honourable EWAN CHARLES CRAWFORD, the Honourable PIERRE WILLIAM SLICER 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 .
1Short titleThese Rules of Court may be cited as the Supreme Court Amendment (Miscellaneous) 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 Supreme Court Rules 2000 are referred to as the Principal Rules. 4Rule 289 amended (Costs in relation to failure to accept offer) Rule 289(2)(a) of the Principal Rules is amended by omitting "order" and substituting "Part". 5Rule 495 amended (Issuing of subpoena) Rule 495 of the Principal Rules is amended as follows: (a) by inserting in subrule (1) "or a judge" after "Court"; (b) by inserting in subrule (2)(a) "or a judge" after "if the Court"; (c) by inserting in subrule (2)(a)(ii) "or a judge" after "Court"; (d) by inserting the following subrules after subrule (4) : (5) If the Registrar considers that a request for the issue of a subpoena may be an abuse of process or be frivolous or vexatious, the Registrar may refer the request to a judge for directions. (6) The judge to whom the request for directions is referred may, having regard to such matters as the judge thinks fit – (a) direct that the subpoena may be issued; or (b) direct that the subpoena is not to be issued. 6Rule 496 amended (Form of subpoena) Rule 496 of the Principal Rules is amended as follows: (a) by inserting in subrule (3) "or a judge" after "Court"; (b) by inserting in subrule (6) "or a judge" after "Court"; (c) by inserting in subrule (7) "or a judge" after "by the Court". 7Rule 497 amended (Setting aside or other relief) Rule 497 of the Principal Rules is amended as follows: (a) by inserting in subrule (1) "or a judge" after "Court"; (b) by inserting in subrule (3) "or a judge" after "Court". 8Rule 499 amended (Compliance with subpoena) Rule 499(2)(a) of the Principal Rules is amended by inserting "or a judge" after "by the Court". 9Rule 500A amended (Removal, return, inspection, copying and disposal of documents and things) Rule 500A of the Principal Rules is amended by inserting "or a judge" after "The Court". 10Rule 500B amended (Inspection of, and dealing with, documents and things produced otherwise than on attendance) Rule 500B of the Principal Rules is amended as follows: (a) by inserting in subrule (3) "or a judge" after "Court"; (b) by inserting in subrule (4) "or a judge" after "Court"; (c) by inserting in subrule (7)(b) "or a judge" after "Court". 11Rule 500C amended (Disposal of documents and things produced) Rule 500C of the Principal Rules is amended as follows: (a) by inserting in subrule (1) "or a judge" after "Court"; (b) by inserting in subrule (2) "or a judge" after "Court"; (c) by inserting in subrule (3) "or a judge" after "informed the Court"; (d) by inserting in subrule (3) "or a judge" after "unless the Court". 12Rule 500D amended (Costs and expenses of compliance) Rule 500D of the Principal Rules is amended as follows: (a) by inserting in subrule (1) "or a judge" after "Court"; (b) by inserting in subrule (2) "or a judge" after "Court". 13Rule 500F amended (Documents and things in the custody of a court) Rule 500F of the Principal Rules is amended as follows: (a) by inserting in subrule (2)(b) "or a judge" after "Court"; (b) by inserting in subrule (3) "or a judge" after "unless the Court"; (c) by inserting in subrule (3)(b)(ii) "or a judge" after "Court". 14Rule 561 amended (Trial by Master or other officer) Rule 561 of the Principal Rules is amended as follows: (a) by omitting from subrule (1) "a proceeding or"; (b) by omitting subrule (2) . 15Rule 930 amended (Interpretation of Division 1 of Part 36 ) Rule 930 of the Principal Rules is amended by inserting ", interests or funds" after "securities" in paragraph (a) of the definition of charging order . 16Rule 933 amended (Service of order) Rule 933 of the Principal Rules is amended by omitting subrule (3) and substituting the following subrule: (3) An order referred to in subrule (2) may order that a charge be imposed on the judgment debtor’s beneficial interest in any funds in Court. 17Rule 935 amended (Final order) Rule 935(1)(a) of the Principal Rules is amended by inserting "and, in the case of funds in Court, order that they be applied in satisfaction of the amount payable under the judgment and paid to the person entitled under the judgment" after "relates". 18Schedule 1 amended (Fees and costs) Schedule 1 to the Principal Rules is amended by omitting 19Schedule 3 amended (Expenses of execution) Schedule 3 to the Principal Rules is amended as follows: (a) by omitting "Table A of" from column 1 of item 1 in the table ; (b) by omitting "Table B of" from column 1 of item 2 in the table . P. G. UNDERWOOD
Chief Justice
E. C. CRAWFORD
Puisne Judge
P. W. SLICER
Puisne Judge
P. E. EVANS
Puisne Judge
Countersigned,
I. G. RITCHARD
Registrar
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 29 June 2005
These Rules of Court are administered in the Department of Justice.
EXPLANATORY NOTE
(This note is not part of the rule) These Rules of Court amend the
(a) amending the rules relating to subpoenas; and (b) amending the rules relating to charging orders; and (c) increasing from $432 to $700 the costs to be endorsed on a summons under section 146(2) of the Land Titles Act 1980 ; and (d) effecting minor statute law revision.