Supreme Court Amendment Rules 2006
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 Rules 2006 . 2CommencementThese Rules of Court take effect on 1 May 2006. 3Principal RulesIn these Rules of Court, the Supreme Court Rules 2000 are referred to as the Principal Rules. 4Rule 107 amended (Duration of writ) Rule 107 of the Principal Rules is amended as follows: (a) by omitting subrule (1) and substituting the following subrule: (1) An original writ is in force for – (a) if it is issued before 1 May 2006, 12 months commencing on, and including, the date of issue; and (b) if it is issued on or after 1 May 2006, 6 months commencing on, and including, the date of issue. (b) by omitting from subrule (2) "6 months" and substituting "such period as the Court or judge thinks fit"; (c) by omitting from subrule (3) "6 months" and substituting "period for which the writ is renewed". 5Rule 257 amended (Default in delivering reply or subsequent pleading) Rule 257(3) of the Principal Rules is amended by omitting "14 days" and substituting "21 days". 6Rule 266 amended (Filing and delivery of defence) Rule 266(1) of the Principal Rules is amended by omitting "14 days" and substituting "21 days". 7Rule 267 amended (Delivery of defence to counterclaim, reply and subsequent pleadings) Rule 267 of the Principal Rules is amended as follows: (a) by omitting from subrule (1) "14 days" and substituting "21 days"; (b) by omitting from subrule (2) "6 days" and substituting "21 days". 8Rule 672 amended (Powers of the Full Court) Rule 672 of the Principal Rules is amended as follows: (a) by omitting from subrule (6A) "When delivering judgment" and substituting "On or after delivering judgment"; (b) by inserting the following subrule after subrule (6A) : (6B) In relation to an appeal, a judge may do either or both of the following: (a) make a consent order as to costs; (b) grant an indemnity certificate under the Appeal Costs Fund Act 1968 . 9Rule 891 rescinded Rule 891 of the Principal Rules is rescinded. 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 26 April 2006
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) shortening, from 12 months to 6 months, the duration of original writs issued on or after the commencement of these Rules of Court; and (b) providing the Court or judge with discretion as to the period for which an original writ and any concurrent writ may be renewed; and (c) extending the period allowed for the filing and service of defences to statements of claim and for the filing and delivery of replies and defences to counterclaims; and (d) empowering judges, in relation to appeals, to make consent orders as to costs and to grant indemnity certificates under the Appeal Costs Fund Act 1968 ; and (e) rescinding rule 891.