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Supreme Court Civil Procedure Act 1932 (No. 58 of 1932)
Requested:  23 Nov 2014
Consolidated as at:  21 Feb 2012

6. How jurisdiction to be exercised

      (1) Except as is otherwise provided by this Act, all the jurisdiction, whether original or appellate, which immediately before the commencement of this Act was vested in or capable of being exercised by the Court, or by any one or more of the judges thereof sitting in court or chambers, or elsewhere when acting as judges, or a judge by, under, or by virtue of any Imperial Act or the Charter of Justice or any Act of the Parliament of Tasmania, shall be exercised (so far as regards procedure and practice) in the manner provided by this Act and the Rules of Court; but where no provision, or no appropriate provision, as to the exercise of any such jurisdiction is contained in this Act or in the Rules of Court such jurisdiction shall be exercised as nearly as may be in the same manner as the same might have been exercised if this Act had not passed.

      (2) Except as is otherwise provided by this Act, and subject to the provisions of any Commonwealth Act, all the jurisdiction, whether original or appellate, which immediately before the commencement of this Act was vested in or capable of being exercised by the Court, or any one or more of the judges thereof sitting in court or chambers, or elsewhere when acting as judges, or a judge by, under, or by virtue of any Commonwealth Act, shall be exercised (so far as regards procedure and practice) in the manner provided by this Act and the Rules of Court; but where no provision, or no appropriate provision, as to the exercise of any such jurisdiction is contained in this Act or in the Rules of Court, such jurisdiction shall be exercised as nearly as may be in the same manner as the same might have been exercised if this Act had not passed.

      (3) Any jurisdiction, whether original or appellate, which is conferred on or vested in the Court, or any one or more of the judges thereof sitting in court or chambers, or elsewhere when acting as judges, or a judge by, under, or by virtue of any statute passed after the commencement of this Act, shall (except as otherwise provided by any such statute) be exercised (so far as regards procedure and practice) in the manner provided by this Act and the Rules of Court; or if no provision, or no appropriate provision, as to the exercise of any such jurisdiction is contained in this Act or in the Rules of Court, then such jurisdiction shall be exercised in such form, mode, and manner as the Court or a judge may direct.

      (4) Where any statute passed after the commencement of this Act, or any order, rule, regulation, or other instrument, made under or by virtue of any such statute, confers any jurisdiction, whether original or appellate, on the Court, or on the Court or a judge thereof, or on a judge of the Court, such jurisdiction shall (except as otherwise provided by any such statute) be exercised (so far as regards procedure and practice) in the manner directed by subsection (3).

      (5) The Court, and every judge thereof, shall, in relation to probate and letters of administration, have –

(a) all such voluntary and contentious jurisdiction and authority in relation to granting or revoking of probate and administration of the real and personal estates of deceased persons, as is vested in or exercisable by the Court at the commencement of this Act;

(b) within and with respect to this State, the like voluntary and contentious jurisdiction and authority in relation to granting and revoking of probate and administration of the effects of deceased persons, as at the commencement of the Imperial statute intituled the Court of Probate Act 1857, was exercisable within and with respect to England, or any part thereof, by any court or person in England, together with full authority to hear and determine all questions relating to testamentary causes and matters;

(c) like powers within and with respect to this State, in relation to the personal estate in this State of deceased persons, as the Prerogative Court of Canterbury had immediately before the commencement of the Imperial statute intituled the Court of Probate Act 1857 in the Province of Canterbury, or in the parts thereof within its jurisdiction, in relation to those testamentary causes and matters, and those effects of deceased persons, which were at that date within the jurisdiction of that court;

(d) such like jurisdiction and powers with respect to the real estate of deceased persons as are hereinbefore mentioned with respect to the personal estate of deceased persons –

and the Court shall, in the exercise of such jurisdiction and authorities, perform within this State all such like duties with respect to the estates of deceased persons as were immediately before the commencement of the Imperial statute intituled the Court of Probate Act 1857 to be performed in England, or any part thereof, by ordinaries generally or by the Prerogative Court of Canterbury in respect of probates, administrations, and testamentary causes and matters which were at that date within their respective jurisdictions.

      (6) Each of the jurisdictions referred to in this section which is required to be exercised (so far as regards procedure and practice) in the manner provided by this Act and the Rules of Court includes all judicial and ministerial powers, duties, and authorities incidental thereto.

      (7) For the purposes of this Act the jurisdiction exercised by any judges or judge of the Court in granting or refusing a writ of habeas corpus or any order relating to any such writ shall be deemed to be exercised by such judges or judge as such.

      (8) The jurisdiction conferred on the Court or a judge thereof by this Act and so much of the several jurisdictions referred to in the preceding subsections of this section as are not, by section 9 or any other provision of this Act, excluded from the operation of this Act are in the subsequent provisions of this Act referred to as "the jurisdiction of the Court which is subject to this Act".


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