Supreme Court Amendment Rules 2015 (TAS)

The Supreme Court Amendment Rules 2015 were made by the Chief Justice and the Puisne Judges of the Supreme Court of Tasmania, on the recommendation of the Rule Committee, under the Supreme Court Civil Procedure Act 1932. These rules amend the Supreme Court Rules 2000, updating procedures relating to proceedings in arbitration under the Commercial Arbitration Act 2011 and the International Arbitration Act 1974 of the Commonwealth, prescribing procedures to be followed in proceedings relating to unexplained wealth under Part 9 of the Crime (Confiscation of Profits) Act 1993, providing the Sheriff with a discretion in relation to the execution of certain writs, and updating certain provisions relating to the procedures of the Supreme Court.

The court was required to decide whether the proposed amendments to the Supreme Court Rules 2000 were necessary and appropriate, and whether they complied with the relevant legislative framework. The court considered the recommendations of the Rule Committee and the potential impact of the proposed changes on the administration of justice in Tasmania.

The court found that the proposed amendments were necessary to update the procedures relating to arbitration and unexplained wealth proceedings, to provide the Sheriff with a discretion in relation to the execution of certain writs, and to update certain provisions relating to the procedures of the Supreme Court. The court was satisfied that the amendments complied with the relevant legislative framework and would not have an adverse impact on the administration of justice in Tasmania.

The court made the Supreme Court Amendment Rules 2015, which amended the Supreme Court Rules 2000 in accordance with the recommendations of the Rule Committee. The rules updated the procedures relating to proceedings in arbitration under the Commercial Arbitration Act 2011 and the International Arbitration Act 1974 of the Commonwealth, prescribed procedures to be followed in proceedings relating to unexplained wealth under Part 9 of the Crime (Confiscation of Profits) Act 1993, provided the Sheriff with a discretion in relation to the execution of certain writs, and updated certain provisions relating to the procedures of the Supreme Court. The rules took effect on the day on which their making was notified in the Gazette.