Justices (Review) Rules 20042 December 2004
We, the Honourable WILLIAM JOHN ELLIS COX, Companion of the Order of Australia, Chief Justice, and the Honourable PETER GEORGE UNDERWOOD, Officer of the Order of Australia, the Honourable EWAN CHARLES CRAWFORD, the Honourable PIERRE WILLIAM SLICER, the Honourable PETER ETHRINGTON EVANS and the Honourable ALAN MICHAEL BLOW, holder of the Medal of the Order of Australia, Puisne Judges of the Supreme Court of Tasmania, make the following general rules under and for the purposes of Part XI of the Justices Act 1959 .
PART 1 - Preliminary
These rules may be cited as the Justices (Review) Rules 2004 .
These rules take effect on the day on which their making is notified in the Gazette.
In these rules –Act means the Justices Act 1959 ;[Rule 3 Amended by S.R. 2008, No. 114, Applied:24 Sep 2008] correctional officer has the same meaning as in the Corrections Act 1997 ;[Rule 3 Amended by S.R. 2008, No. 114, Applied:24 Sep 2008] Registrar means the Registrar of the Supreme Court.
These rules apply to all proceedings in the Supreme Court under Part XI of the Act.
PART 2 - Proceedings at first instance
5. Legal practitioner on record
A legal practitioner is taken to be the legal practitioner on the record for a party if –(a) it appears from the notice to review, notice of appeal, case stated or application for a rule or order to show cause, by note endorsed or otherwise, that he or she is the party's legal practitioner; or(b) he or she files a notice that he or she is acting for the party.
(1) [Rule 6 Subrule (1) substituted by S.R. 2021, No. 135, Applied:29 Dec 2021] A notice to review is to be made returnable on a Wednesday in a sittings to be held at the place nearest to the court from which the appeal is brought.(2) The Registrar may, on receipt of a memorandum signed by both parties agreeing to a change in the place at which a notice to review is returnable, change the place to accord with the place specified in the memorandum.(3) On the application of a person who has filed or been served with a notice to review, a judge may –(a) fix an earlier return day; or(b) change the place at which the notice is returnable.(4) A judge may make an order under subrule (3) on such terms as to costs or otherwise as he or she thinks fit.
6A. Application for consent order
[Rule 6A Inserted by S.R. 2008, No. 114, Applied:24 Sep 2008](1) The parties to proceedings or their legal practitioners may apply jointly for the making of a consent order in those proceedings, other than an order agreeing to allow or uphold a motion to review.(2) An application for a consent order is to be –(a) made by memorandum to the Registrar; and(b) signed by the parties or their legal practitioners; and(c) supported by affidavit, if required.(3) A judge in chambers may make an order on a memorandum without the attendance of the parties.
6B. Notice to review not abandoned until dismissed
[Rule 6B Inserted by S.R. 2008, No. 114, Applied:24 Sep 2008](1) An applicant who does not prosecute a notice to review is not taken to have abandoned the notice to review until that applicant has –(a) filed a notice of discontinuance with the Registrar; and(b) served the notice of discontinuance on any other parties to the notice to review.(2) A notice of discontinuance is to be in accordance with the appropriate form prescribed in the Supreme Court Forms Rules 2000 .(3) On the filing and service of a notice of discontinuance under subrule (1) , the notice to review is taken to be dismissed with costs.
PART 3 - Points, &c., reserved
Rule 700 of the Supreme Court Rules 2000 applies if the Court, on the hearing of a notice to review, appeal or case stated –(a) reserves the motion or case, or a point arising therein or a point of law arising, in an appeal for the Full Court; or(b) directs the motion or case or any such point to be argued in the Full Court.
8. Appeal under section 123 of Act
Subject to section 123 of the Act, the provisions of Division 1 of Part 27 of the Supreme Court Rules 2000 apply to an appeal to the Full Court under that section.
PART 4 - Proceedings under Part XI of Act
In this Part –any proceedings means any proceedings undertaken in the Supreme Court under Part XI of the Act.
10. Registrar to notify result of proceedings
As soon as practical after the conclusion of any proceedings, the Registrar is to notify the appropriate clerk of petty sessions in writing of the results of those proceedings.
11. Certificate for the gaoler
If a party to any proceedings is in gaol and the Supreme Court makes an order in relation to those proceedings, the judge's associate, as soon as practicable after the order is made, is to –(a) complete and sign two copies of the certificate for the gaoler set out in Schedule 1 to these rules; and(b) hand the original certificate to the correctional officer or police officer who has accompanied the party to the Court; and(c) return the duplicate of the certificate and the Court file to the office of the Registrar.
PART 5 - Miscellaneous
(1) Subject to subrules (3) and (4) , the fee payable in respect of a matter under these rules is the fee payable in respect of a similar matter under the Supreme Court Civil Procedure Act 1932.(2) A fee payable under these rules is to be paid to –(a) an officer of the Supreme Court; or(b) a clerk of the court of petty sessions.(3) If a question arises as to the fees that are applicable in a particular case, the Registrar is to determine the question.(4) A person who is affected by a determination of the Registrar under subrule (3) may have the determination reviewed by a judge in a summary manner.(5) The Registrar may reduce, remit or postpone a fee in a particular case if it appears to the Registrar that the payment of the fee would, owing to the exceptional circumstances of the particular case, involve undue hardship.
(1) Unless a judge for special reasons otherwise orders, costs to be allowed on taxation are to be in accordance with the scale set forth in Schedule 1 to the Supreme Court Rules 2000.(2) The rules contained in Division 3 of Part 34 of the Supreme Court Rules 2000 apply, with the necessary modifications, to and in respect of the taxation of costs.
The Justice (Control of the Supreme Court) Rules 1965 are rescinded.
SCHEDULE 1 - Certificate for the Gaoler
W. J. E. COX
Chief Justice
P. G. UNDERWOOD
Puisne Judge
E. C. CRAWFORD
Puisne Judge
P. W. SLICER
Puisne Judge
P. E. EVANS
Puisne Judge
A. M. BLOW
Puisne Judge
Countersigned,
I. G. RITCHARD
Registrar
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 15 December 2004
These rules are administered in the Department of Justice.