Supreme Court Amendment (Miscellaneous) Rules 2015
We, the Honourable Alan Michael Blow, OAM, Chief Justice, and the Honourable Shan Eve Tennent, the Honourable David James Porter and the Honourable Helen Marie Wood, 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 2015 . 2CommencementThese Rules of Court take effect on the fourteenth day after 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 33 amended (Searches) Rule 33 of the Principal Rules is amended by inserting after subrule (4) the following subrule: (5) Subrule (4) does not apply to a person who makes a request under subrule (1) for the purpose of reporting for the Council of Law Reporting for Tasmania. 5Rules 144 and 145 substituted Rules 144 and 145 of the Principal Rules are rescinded and the following rules are substituted: 144Manner and time of service when not personal (1) A document which is not required to be served personally is sufficiently served on a person if it is – (a) left at the person’s address for service on a day on which the registry in which the cause or matter is proceeding is open; or (b) posted to the person at the person’s address for service; or (c) communicated to the person using a postal address, document exchange address, email address or facsimile number given by the person pursuant to rule 79 . (2) If a document is required by these rules to be delivered to a person, it is sufficient if it is served in accordance with subrule (1) . (3) A document is taken to be served or delivered – (a) if sent by post, at the time when the document would be delivered in the ordinary course of post; or (b) if communicated using a document exchange address, on the first day that the registry in which the cause or matter is proceeding is open following the day of delivery to the document exchange; or (c) if communicated using an email address or facsimile number – (i) at the time of communication if the communication occurs during the hours specified in rule 20(1) (office hours); or (ii) at the commencement of office hours following the time of communication if the communication occurs outside office hours. (4) A document served or delivered by email or facsimile transmission is to be accompanied by a document stating each of the following: (a) the name of the person transmitting the document; (b) the name of the person to whom the document is being transmitted; (c) a brief description of the document being transmitted; (d) the date and time of transmission; (e) that the document is being served or delivered pursuant to this rule. 145Service of notices from Court A notice given by an officer of the Court – (a) may be sent by post or transmitted by email; and (b) if sent by post, is taken to be given at the time when it would be delivered in the ordinary course of post. 6Rule 502 amended (Affidavits generally) Rule 502 of the Principal Rules is amended by omitting subrules (3) , (4) , (5) and (6) . 7Rules 514 , 515 and 516 substituted Rules 514 , 515 and 516 of the Principal Rules are rescinded and the following rules are substituted: 514Interpretation of Division 5 of Part 19 In this Division – expert means a person who has specialised knowledge based on his or her training, study or experience; expert opinion includes evidence of comparable sales by a valuer; Expert Witness Code of Conduct means the Expert Witness Code of Conduct published by Practice Direction. 514AApplication of Division 5 of Part 19 This Division applies to the evidence of an expert, whether oral, by affidavit or by the tendering of a report in any proceeding. 515Expert evidence (1) The evidence of an expert relating to any fact in issue involving expert opinion is not receivable in evidence at a trial unless – (a) the provisions of this Division have been complied with; or (b) the Court or a judge, at or before the trial, otherwise orders or directs. (2) An order or direction under subrule (1) , including an order made on appeal, may be revoked by a subsequent order or direction of the Court or a judge made or given at or before the trial. 516Service of statement of expert evidence (1) A party that intends to present the evidence of an expert at a trial is to serve on each other party – (a) a report containing the evidence; and (b) a statement signed by the expert containing an acknowledgement by the expert that he or she – (i) has read and understood the Expert Witness Code of Conduct; and (ii) has complied with, and will continue to comply with, the Expert Witness Code of Conduct; and (iii) will comply with any order made under subrule (4) . (2) The report and signed statement are to be served, jointly – (a) on or before the date fixed by order of a judge, being a date before the trial; or (b) if no such date is so fixed, within a reasonable time before the commencement of the trial. (3) Where – (a) a party to a proceeding receives a report from an expert witness containing a change of opinion on a material matter (revised report); and (b) the revised report relates to a report and signed statement that the party has served under subrule (2) in the same proceeding – the party (or the party’s legal representative) is to serve the revised report on each other party to the proceeding as soon as practicable. (4) If 2 or more parties to a proceeding intend to call experts to give opinion evidence about a similar question, the Court or a judge may, either on or without application, make one or more of the following orders: (a) that all factual evidence relevant to the opinion of any expert be adduced before the expert is called to give evidence; (b) that on the completion of the factual evidence pursuant to any order made under paragraph (a) , each expert provide a supplementary report – (i) stating whether the expert adheres to his or her previously expressed opinion or holds a different opinion; and (ii) further stating, if applicable, the different opinion and the factual evidence on which it is based; (c) that each expert give an opinion about the opinion of any other expert; (d) any other order convenient to the manner in which the opinion evidence is received. 8Rule 837A substituted Rule 837A of the Principal Rules is rescinded and the following rule is substituted: 837AGoods and services tax An amount referable to tax paid or to be paid under the A New Tax System(Goods and Services Tax) Act 1999 of the Commonwealth is not to be included in the bill of costs for taxation unless the party in whose favour the costs order operates can show that there is no entitlement to an input credit in respect of the tax. 9Schedule 2 amended (Court fees and percentages) Clause 8 of Schedule 2 to the Principal Rules is amended by inserting after item 9 in the table the following items: 10. | On filing any writ of execution as defined in rule 894 – |
(a) in respect of a debt not exceeding $20,000 | 100 |
(b) in respect of a debt exceeding $20,000 | 200 |
A. M. BLOW
Chief Justice
S. E. TENNENT
Puisne Judge
D. J. PORTER
Puisne Judge
H. M. WOOD
Puisne Judge
Countersigned,
P. J. IKEDIFE
Deputy Registrar
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 23 December 2015
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) allowing Tasmania’s official law reporters to search and inspect registry documents without judicial leave; and (b) allowing email to be used as a means of service for documents not required to be served personally; and (c) revising, by way of rules harmonisation, provisions relating to expert opinion evidence; and (d) limiting, by way of rules harmonisation, the circumstances in which GST can be included in a bill of costs for taxation; and (e) allow a filing fee to be charged on writs of execution.