Supreme Court Amendment (Miscellaneous) Rules 2015 (TAS)

The Supreme Court Amendment (Miscellaneous) Rules 2015 (TAS) was enacted by the Supreme Court of Tasmania on the recommendation of the Rule Committee, pursuant to the Supreme Court Civil Procedure Act 1932. The Rules aim to amend various aspects of the Supreme Court Rules 2000, including the provision of law reporting services, the means of service for certain documents, the admissibility of expert opinion evidence, the inclusion of Goods and Services Tax (GST) in taxation costs, and the filing fee for writs of execution.

The primary legal issues addressed in these Rules involve the amendment and substitution of several existing rules concerning searches, service of documents, expert opinion evidence, taxation costs, and court fees. Specifically, the Rules provide for the amendment of Rule 33 to exclude law reporters from the need to obtain judicial leave for searches, the amendment of Rules 144 and 145 to allow email as a means of service for certain documents, the substitution of Rules 514, 515, and 516 to revise the provisions on expert opinion evidence, the amendment of Rule 837A to limit the inclusion of GST in taxation costs, and the amendment of Schedule 2 to impose a filing fee on writs of execution.

The Court found that the proposed amendments were necessary to ensure the efficient administration of justice and to harmonise certain provisions with other jurisdictions. The Court considered the recommendations of the Rule Committee and the need to keep the rules up to date with technological advancements and changes in legal practice. The amendments to the Rules were made in accordance with the Supreme Court Civil Procedure Act 1932, and the Rules were subsequently notified in the Gazette on 23 December 2015.

The Supreme Court Amendment (Miscellaneous) Rules 2015 (TAS) came into effect on the fourteenth day after their notification in the Gazette. The Rules aim to modernise and streamline certain aspects of the Supreme Court Rules 2000, including law reporting services, service of documents, expert opinion evidence, taxation costs, and court fees. The amendments were made in consultation with the Rule Committee and are intended to facilitate the efficient administration of justice.