Supreme Court Amendment (Miscellaneous) Rules (No. 2) 2011
We, the Honourable Ewan Charles Crawford, Chief Justice, and the Honourable Peter Ethrington Evans, the Honourable Alan Michael Blow, OAM, 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 (No. 2) 2011 . 2CommencementThese Rules of Court take effect on the twenty-first 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 406 amended (Matters for interrogatories) Rule 406 of the Principal Rules is amended by omitting subrule (2) . 5Rule 408A insertedAfter rule 408 of the Principal Rules , the following rule is inserted in Part 13: 408AWhen leave is required (1) A party interrogated may give notice to the party interrogating that some or all of the interrogatories will not be answered unless administered with the leave of the Court or a judge. (2) A notice under subrule (1) is to – (a) be in writing; and (b) be given within 14 days after the interrogatories are delivered; and (c) identify, by its distinctive number, each interrogatory that will not be answered unless administered with the leave of the Court or a judge. (3) A party interrogated that gives notice under subrule (1) must, within 14 days after the interrogatories are delivered, give the party interrogating a written answer or objection to each of the interrogatories that is not identified under subrule (2)(c) . (4) A party interrogated that does not give notice under subrule (1) must, within 14 days after the interrogatories are delivered, give the party interrogating a written answer or objection to each of the interrogatories. (5) A party interrogating that is given notice under subrule (1) in respect of an interrogatory may apply to the Court or a judge for leave to administer the interrogatory. (6) The Court or a judge may grant leave to a party to administer an interrogatory only if satisfied that – (a) the interrogatory is necessary; or (b) special reasons justify its administration. (7) A party interrogated pursuant to leave granted under subrule (6) must, within 14 days after leave is granted, give the party interrogating a written answer or objection to each of the interrogatories. (8) A party interrogated that objects under subrule (3) , (4) or (7) to answering an interrogatory is not entitled to object to answering the interrogatory on the ground that the interrogatory is unnecessary. (9) For the removal of doubt, if a party gives notice under subrule (1) in respect of an interrogatory, no obligation to answer the interrogatory arises other than pursuant to a grant of leave. 6Rule 409 amended (Answers to interrogatories and affidavit verifying) Rule 409 of the Principal Rules is amended as follows: (a) by omitting from subrule (1) "interrogated" and substituting "required to answer interrogatories"; (b) by omitting from subrule (2) "interrogated" and substituting "required to answer interrogatories"; (c) by omitting subrules (3) and (4) . 7Rule 410 amended (Application for order by person interrogating) Rule 410(3) of the Principal Rules is amended by omitting paragraph (a) . 8Rule 942 amended (Other procedure for contempt) Rule 942 of the Principal Rules is amended by omitting subrule (2) and substituting the following subrules: (2) If the application is made in relation to a pending proceeding, the application is to be made by interlocutory application. (2A) If the application is not made in relation to a pending proceeding, the application is to be made by originating application. E. C. CRAWFORD
Chief Justice
P. E. EVANS
Puisne Judge
A. M. BLOW
Puisne Judge
S. E. TENNENT
Puisne Judge
D. J. PORTER
Puisne Judge
H. M. WOOD
Puisne Judge
Countersigned,
E. A. KNIGHT
Registrar
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 18 May 2011
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