Tasmanian Consolidated Acts

SUPREME COURT CIVIL PROCEDURE ACT 1932

- Act 58 of 1932 
- Royal Assent 2 August 1933 

TABLE OF PROVISIONS

           Long Title

   PART I - Jurisdiction, Procedure, and Practice as to Exercise of Jurisdiction, and Rules of Law

   1.      Short title and commencement
   2.      Repeals
   3.      Interpretation
   4.      Supreme Court may exercise jurisdiction in Admiralty actions
   5.      Jurisdiction of Supreme Court under this Act to be exercised by it as one Court
   6.      How jurisdiction to be exercised
   7.      References in unrepealed statutes to forms of proceeding: How interpreted
   8.      Provision as to exercise of summary jurisdiction
   9.      Application of Act
   10.     Law and equity to be administered concurrently
   11.     Miscellaneous rules of law
   12.     Jurisdiction as to costs
   13.     Costs of actions brought in Supreme Court which might have been brought in an inferior court

   PART II - Organization of Court and Allocation of Business

   14.     Organization of Court
   15.     Causes and matters to be brought before Full Court
   16.     Causes and matters to be brought before single judge
   17.     Reservation of cases and questions for determination by Full Court
   18.      

   PART III - Sittings

   18A.     
   19.     Business and sittings of Court
   20.     Reserved judgments
   20A.     
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   PART IV - Trial

   26.     Actions to be tried at civil trial sittings
   27.     Power of Full Court or judge to order any question to be tried at civil trial sittings
   28.     Transfer to inferior courts of civil jurisdiction of actions and counter-claims founded on contract or tort
   29.     Trial at civil trial sittings may be with or without a jury
   30.      
   31.      
   32.     Act not to affect mode of giving evidence on jury trials, rules of evidence, or law as to juries
   33.     Right to have issue for trial by jury submitted to jury with a proper and complete direction
   34.     Recovery of interest on debts
   35.     Recovery of interest on debts
   35A.    Interest on judgments
   36.     Questions of foreign law to be decided by judge
   37.     Court to have power to call in assessors
   37A.    Power of Court to refer action, &c., to arbitrator
   37B.    Power of Court to compel attendance before arbitrator
   37C.    Statement of special case for opinion of Court
   37D.    Examination of parties and witnesses
   37E.    Persons not compelled to answer certain questions
   37F.    Evidence received by arbitrator
   37G.    Costs of arbitration
   38.      

   PART V - New Trials and Appeals

   39.     Applications for new trial or to set aside verdict, &c.
   40.     Appeals
   41.     Appeal in cases where jurisdiction is discretionary or exercisable as result of judge's opinion
   42.     Persons by whom appeals may be instituted
   43.     Cases in which no appeal lies
   44.     Appeals as to costs only, and appeals by a person admitted to sue or defend as a poor person
   45.     Appeals from judgments given in exercise of discretionary jurisdiction
   46.     Appeal to be by way of rehearing
   47.     Powers of Full Court on hearing of appeals
   48.     Power of Full Court to receive further evidence
   49.     Powers of Full Court where only part of judgment appealed from
   50.     When new trial not to be granted
   51.     Judgment obtained by fraud may be set aside by application for new trial or an action
   52.      

   PART VI - Proceedings at the Suit of, and Against, the Crown

   53.     Interpretation
   54.      
   55.     Actions by the Crown in respect of rights which do not directly concern the Crown
   56.     Actions to establish trust for charity generally
   57.     Actions to recover or protect property subject to trust for charity
   58.     Cases in which Attorney-General is required to be made a party or cited
   59.     Actions for declaration that property is subject to a trust for public purposes
   60.     Actions relating to administration of property subject to trust for public purposes
   61.     Relators
   62.     Proceedings relating to property subject to trust for particular charities
   63.     Power of Attorney-General at any time to institute proceedings with respect to any charitable trust

   PART VII - Representative Proceedings

           Division 1 - Preliminary

   64.     Interpretation
   65.     Application of Part

           Division 2 - Commencement of representative proceedings

   66.     Commencement of representative proceedings
   67.     Standing
   68.     Consent to be a group member not required
   69.     Persons under legal incapacity
   70.     Originating process
   71.     Right of group member to opt out
   72.     Causes of action accruing after commencement of representative proceedings
   73.     Situation where fewer than 7 group members
   74.     Distribution costs excessive
   75.     Court may order discontinuance of proceedings in certain circumstances
   76.     Effect of discontinuance order under this Part
   77.     Determination of questions if not all common
   78.     Individual questions
   79.     Directions relating to commencement of further proceedings
   80.     Adequacy of representation
   81.     Stay of execution in certain circumstances
   82.     Approval of Court required for settlement or discontinuance
   83.     Settlement of individual claim of representative party

           Division 3 - Notices

   84.     Notice to be given of certain matters
   85.     Notices under section 84

           Division 4 - Powers of Court

   86.     Judgment – powers of Court
   87.     Constitution, &c., of fund
   88.     Effect of judgment

           Division 5 - Appeals

   89.     Appeals

           Division 6 - Miscellaneous

   89A.    Costs
   89B.    Suspension of limitation periods
   89C.    General power of Court to make orders
   89D.    Reimbursement of representative party’s costs

   PART VIII - Proceedings in Lunacy

   90.     No commission in nature of a writ of de lunatico inquirendo to be issued
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   PART IX - Enforcement of Judgments and Execution

   162.    Interpretation
   163.    Powers of Court as to enforcement of its judgments
   164.    Judgment for sum of money to have same effect as judgment at Common Law
   165.    Judgments to carry interest
   166.    Charging order on Government stock or shares in companies belonging to judgment debtor
   167.    Charging order to be made ex parte in first instance, and on notice to bank or company to act as a distringas
   168.    Provisions of sections 166 and 167 to extend to contingent interest in stock and shares and the dividends thereof, and to stock, &c., in Court
   169.    Execution of instruments by order of Court

   PART X - Enforcement in Tasmania of Judgments Obtained in Superior Courts in Other Parts of His Majesty's Dominions

   170.    Interpretation
   171.    Enforcement in this State of judgments obtained in superior courts in other British dominions
   172.    Cases in which the judgments mentioned in section 171 are not to be registered in the Court
   173.    Effect of registration of judgment
   174.    Rules of Court
   175.    Costs of action on a judgment which might have been registered under this Part, but has not been so registered
   176.    Issue of certificates of judgments obtained in this State
   177.    Extent of this Part

   PART XI - Jurisdiction of Inferior Courts

   178.    Power of Governor to confer jurisdiction in equity on any inferior court of civil jurisdiction
   179.    Jurisdiction conferred under section 178 may be limited or conferred subject to conditions
   180.    Power of Governor to extend any of the provisions of this Act to any inferior court of civil jurisdiction
   181.    Transfer to Court of proceedings in equity where subject-matter exceeds limit of jurisdiction of inferior court
   182.    Inferior court having jurisdiction at law and in equity may grant same relief, and give effect to same defences and counter-claims, as the Court
   183.    Counter-claims in inferior courts, and transfers therefrom
   184.    Procedure on transfer of causes from the Court to inferior court of civil jurisdiction
   185.    Provisions of section 11 to apply to all courts in which they can be applied

   PART XII - Officers and Offices

   186.    Establishment of district registries
   187.    Seal of district registry
   188.    Original proceedings may be instituted in any registry
   189.    Transfer of proceedings from one registry to another
   190.    Transfer for purpose of application
   191.    Production of books, &c., at district registry
   191A.    
   191B.   Effect of, and appeal from, orders of the Associate Judge

   PART XIII - Miscellaneous Provisions

   192.    Right of judges to act judicially in cases relating to rates and taxes
   193.    Appointment of commissioners
   194.    Suitors' funds to vest in the Registrar
   194A.   Securities in Court
   194B.   Liability of Public Account for default of the Registrar
   194C.   Banking and investment of suitors' funds
   194D.   Investment made under order of court
   194E.   Validity of payments, &c., pursuant to Rules of Court
   194F.   Remittance by post
   194G.   Vexatious litigants
   194H.   Annual report

   PART XIV - Rules

   195.     Rules of Court
   196.    Rules in Schedule II to regulate procedure and practice until altered or annulled
   197.    Power of judges to make Rules of Court
   198.    Application of section 197
   199.    Application of section 197
   200.    Rules of Court may be made in substitution for statutory rules of procedure
   201.    Provision for cases of doubt or difficulty
   202.    Rule Committee
   203.    Rules of Court to be recommended or approved of by Rule Committee
   204.    Rules of Court to be laid before Parliament
   205.    Provisions of this Act as to authority by whom and manner in which Rules of Court shall be made exhaustive
           SCHEDULE I
           SCHEDULE II