AustLII Tasmanian Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

SUPREME COURT CIVIL PROCEDURE ACT 1932 - SECT 188

Original proceedings may be instituted in any registry

(1)  Subject to this Act and the Rules of Court , and the provisions of any such order-in-council, original proceedings in the Supreme Court may be instituted in any registry of the Court, whether the principal registry or a district registry, and every registrar shall, when so required, issue or file writs of summons, statements of claim, petitions, summonses, and any other writ, process, or proceeding for the institution of any original proceeding, and unless an order to the contrary is made by the Court or a judge thereof, all such further proceedings, including proceedings for the arrest or detention of a ship, her tackle, apparel, furniture, cargo, or freight, as may and ought to be taken by the respective parties to the cause, down to and including entry for trial, or (if the plaintiff is entitled to sign final judgment or to obtain an order for an account by reason of the non-appearance of the defendant, or if any sittings of the Court at which such original proceeding can be tried are held at the place at which such district registry is situated) judgment and execution or trial, judgment and execution, as the case may be, may be taken, had, and recorded in the district registry in which the cause is pending.
(2)  Provided that if a defendant to any original proceeding which is commenced in a district registry neither resides nor carries on business in the district for which such registry is established, he may, subject to the Rules of Court , appear either at that registry or at the principal registry.
(3)  If any defendant appears at the principal registry, the principal registrar shall notify the district registrar of the fact of such appearance, and thereupon the original proceeding shall, subject to the Rules of Court and to the power of transfer, conferred by section 189 , proceed in that registry, and the proceedings and original documents in the cause shall be transmitted thereto by the district registrar in the manner directed by section 189 (2) .



[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]