Supreme Court Civil Procedure Amendment Act 2004 (TAS)

Supreme Court Civil Procedure Amendment Act 2004

An Act to amend the Supreme Court Act 1959 and the Supreme Court Civil Procedure Act 1932

[Royal Assent 27 October 2004]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART 1Preliminary1Short titleThis Act may be cited as the Supreme Court Civil Procedure Amendment Act 2004 . 2CommencementThis Act commences on the day on which this Act receives the Royal Assent. PART 2Supreme Court Act 1959 Amended3Principal ActIn this Part, the Supreme Court Act 1959 is referred to as the Principal Act. 4Section 5 amended (Tenure of office and terms of appointment of Master) Section 5(1) of the Principal Act is amended by omitting "as the Governor determines" and substituting "and with such immunities as apply from time to time to puisne judges of the Court". 5Section 5B repealed Section 5B of the Principal Act is repealed. PART 3Supreme Court Civil Procedure Act 1932 Amended6Principal ActIn this Part, the Supreme Court Civil Procedure Act 1932 is referred to as the Principal Act. 7Section 191A amended (Withdrawal of matters from the Master) Section 191A of the Principal Act is amended as follows: (a) by inserting "or in court" after "sitting in chambers"; (b) by inserting "or in court" after "judge in chambers". 8Section 191B amended (Effect of, and appeal from, orders of the Master) Section 191B of the Principal Act is amended as follows: (a) by inserting in subsection (1) "or in court" after "Master sitting in chambers"; (b) by inserting in subsection (1) "or in court" after "judge sitting in chambers"; (c) by inserting in subsection (2) "or in court" after "chambers"; (d) by inserting the following subsections after subsection (2) : (3)  The Master constitutes the Court for the purpose of the exercise of his or her powers and an appeal from a decision or order of the Master, whether given in court or in chambers, is to be an appeal by way of rehearing. (4)  On the hearing of an appeal from a decision or order of the Master, whether given in court or in chambers, a judge sitting alone, whether in court or in chambers, has the same jurisdiction and powers as the Full Court has in hearing an appeal against a decision or order of a judge. 9Section 197 amended (Power of judges to make Rules of Court) Section 197 of the Principal Act is amended as follows: (a) by omitting paragraph (f) from subsection (1) and substituting the following paragraph: (f) Empowering the Master to exercise all of the powers of the Court, including the exercise of inherent jurisdiction which may be exercised by a single judge sitting in chambers or by a single judge sitting in court without a jury except in relation to – (i) proceedings relating to the liberty of the subject; and (ii) proceedings in the Court’s appellate jurisdiction other than a review of a taxation of costs by an officer of the Court; and (iii) applications for relief similar to certiorari, mandamus or prohibition; and (iv) applications for orders of review under the Judicial Review Act 2000 ; (b) by inserting the following subsection after subsection (1) : (1A)  A reference in subsection (1)(f)(ii) to an officer of the Court does not include the Master.

[Second reading presentation speech made in:

House of Assembly on 25 AUGUST 2004

Legislative Council on 13 OCTOBER 2004]