AustLII Tasmanian Consolidated Acts

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SUPREME COURT CIVIL PROCEDURE ACT 1932 - SECT 26

PART IV - Trial Actions to be tried at civil trial sittings

(1)  Subject to the provisions of subsection (2) and subsection (3) , and to the jurisdiction, powers, and authorities conferred on the Court and the several judges thereof by the Commercial Arbitration Act 2011 , and to the Rules of Court , all actions and all questions and issues of fact therein shall be tried at a civil trial sittings.
(2)  Subject to the Rules of Court , any damages recoverable in an action, which are to be assessed by a judge sitting without a jury under an interlocutory judgment, may be assessed by a judge sitting in court (whether the sitting is a civil trial sittings or not) or in chambers.
(3)  The Rules of Court may provide for the assessment of any damages recoverable in any action, and the determination of any other question or issue of fact arising in any action, by an officer of the Court, or a judge of any inferior court of civil jurisdiction, or a referee with or without an assessor or assessors.
(4)  Nothing contained in subsection (3) shall be construed as limiting or restricting the power to make Rules of Court with respect to the trial of actions and of questions and issues of fact therein.



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