AustLII Tasmanian Consolidated Acts

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SUPREME COURT CIVIL PROCEDURE ACT 1932 - SECT 7

References in unrepealed statutes to forms of proceeding: How interpreted

(1)  All references in any unrepealed Act, or any other statute passed before the commencement of this Act which is not repealed by this Act, to any form, mode, or course of proceeding in, or to any form to be used in, any cause or matter within any part of the jurisdiction of the Court which is subject to this Act, shall be deemed to be references to the appropriate form, mode, or course of proceeding, or the form provided or prescribed by this Act or the Rules of Court .
(2)  All unrepealed Acts, and all other statutes passed before the commencement of this Act and not repealed by this Act, which contain any provision providing for or referring to the obtaining of relief in equity, or the institution of any proceedings in the Equity Jurisdiction of the Court with respect to any cause or matter which is the subject of an action at law, shall be read and construed subject to section 10 .
(3)  All references in any statute or any instrument to any existing Orders or Rules of the Court relating to the procedure or practice to be followed, observed, or applied in any cause or matter (whether original or on appeal) within any part of the jurisdiction of the Court which is subject to this Act, shall be deemed to be references to the Rules of Court for the time being in force under this Act, so far as such Rules of Court make any provision for the matters dealt with in any such existing Orders or rules or regulated by such procedure or practice.
(4)  Where by any statute, whether passed before or after the commencement of this Act, Orders or Rules of Court are directed or authorized to be made to regulate the procedure or practice to be followed, observed, or applied in the exercise of any part of the jurisdiction of the Court which is subject to this Act, and no such Orders or rules have been or are made, the Rules of Court for the time being in force under this Act, so far as they are applicable, shall be followed, observed, and applied for the purposes aforesaid.



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