Supreme Court Amendment Rules 2010
We, 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 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 .
PART 1Preliminary1Short titleThese Rules of Court may be cited as the Supreme Court Amendment Rules 2010 . 2Commencement (1) Except as provided by this rule, these Rules of Court take effect on the day on which their making is notified in the Gazette. (2) Part 3 takes effect on 1 July 2010. PART 2Supreme Court Rules 2000 Amended3Principal RulesIn this Part, the Supreme Court Rules 2000 are referred to as the Principal Rules. 4Rule 62A insertedAfter rule 62 of the Principal Rules , the following rule is inserted in Part 5: 62ALiability of litigation guardian for costs If in a proceeding the Court or a judge orders a litigation guardian to pay costs to any other party to that proceeding, unless otherwise ordered by the Court or judge – (a) the litigation guardian is not personally liable for those costs; and (b) those costs may be set off against any costs that the Court or judge has ordered that other party to pay to that litigation guardian; and (c) any balance is to be paid out of the estate of the relevant person under disability. 5Rule 63 amended (Costs not to be out of estate) Rule 63 of the Principal Rules is amended by omitting "The" and substituting "Subject to rule 62A , the". 6Rule 390 substituted Rule 390 of the Principal Rules is rescinded and the following rule is substituted: 390Inspection of documents referred to in list (1) A party who serves a list of documents on any other party is to – (a) allow that other party to inspect, and take copies of, the documents referred to in the list at any reasonable time and on reasonable notice; and (b) deliver copies of those documents to that other party on payment of the reasonable costs, or on written undertaking by a legal practitioner to pay the reasonable costs, of copying and delivering the documents. (2) Subrule (1) does not apply to a document if the party serving the list has objected to producing the document. 7Rule 499 amended (Compliance with subpoena) Rule 499 of the Principal Rules is amended by inserting after subrule (3) the following subrules: (4) Unless a subpoena specifically requires the production of the original, the addressee may produce a copy of any document required to be produced by the subpoena. (5) The copy of a document may be – (a) a photocopy; or (b) in PDF format on a CD-Rom. 8Rule 500C amended (Disposal of documents and things produced) Rule 500C of the Principal Rules is amended by inserting after subrule (2) the following subrules: (3) The issuing party must attach, to the front of a subpoena to produce to be served on the addressee, a notice and declaration in accordance with the prescribed form. (4) The addressee must complete the notice and declaration referred to in subrule (3) and attach it to the subpoena or copy of the subpoena that accompanies the documents produced to the Court under the subpoena. (5) Subject to subrule (6) , the Registrar may, on the expiry of 4 months after the conclusion of the proceeding, cause to be destroyed all the documents, produced in the proceeding in compliance with a subpoena, that were declared by the addressee to be copies. (6) The Registrar may cause to be destroyed the documents, declared by the addressee to be copies, that have become exhibits in the proceeding when they are no longer required in connection with the proceeding, including on any appeal. PART 3Supreme Court Rules 2000 Further Amended9Principal RulesIn this Part, the Supreme Court Rules 2000 are referred to as the Principal Rules. 10Rule 5 amended (Interpretation) Rule 5 of the Principal Rules is amended by omitting "rule 5A for each calendar year;" from the definition of prescribed rate of interest and substituting omitting "rule 5A;". 11Rule 5A substituted Rule 5A of the Principal Rules is rescinded and the following rule is substituted: 5APrescribed rates of interest for administration proceedings, pre-judgment interest and post-judgment interest (1) For administration proceedings under Division 6 of Part 36 , the prescribed rate of interest for a calendar year, or for part of a calendar year, is the last cash rate published by the Reserve Bank of Australia before 1 January in that year. (2) For the purpose of section 34 of the Supreme Court Civil Procedure Act 1932 and rule 347(1)(b) , the prescribed rate of interest for a calendar year, or for part of a calendar year, is a rate equal to 4% plus – (a) for the period commencing on 1 January in a calendar year and ending on 30 June in that year, or for part of that period, the last cash rate published by the Reserve Bank of Australia before that 1 January; and (b) for the period commencing on 1 July in a calendar year and ending on 31 December in that year, or for part of that period, the last cash rate published by the Reserve Bank of Australia before that 1 July. (3) For the purpose of section 165 of the Supreme Court Civil Procedure Act 1932 and rule 887A(1)(b) , the prescribed rate of interest for a calendar year, or for part of a calendar year, is a rate equal to 6% plus – (a) for the period commencing on 1 January in a calendar year and ending on 30 June in that year, or for part of that period, the last cash rate published by the Reserve Bank of Australia before that 1 January; and (b) for the period commencing on 1 July in a calendar year and ending on 31 December in that year, or for part of that period, the last cash rate published by the Reserve Bank of Australia before that 1 July. 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 30 June 2010
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) increasing the prescribed rates of interest that apply to debts and judgments; and (b) further providing for the payment of costs ordered against litigation guardians; and (c) requiring parties to deliver copies of discoverable documents to other parties in certain circumstances; and (d) further providing for the production, and destruction, of subpoenaed documents.