AustLII Tasmanian Consolidated Acts

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SUPREME COURT CIVIL PROCEDURE ACT 1932 - SECT 9

Application of Act

(1)  Except as provided in Part IX nothing in this Act or the Rules of Court shall affect the jurisdiction of the Court or any judge thereof, or the law to be applied, or the procedure or practice –
(a) in criminal causes, matters, or proceedings;
(b) in proceedings in bankruptcy or insolvency;
(c) in proceedings on applications made under Part 8 of the Electoral Act 2004 ;
(d) in proceedings under Part XI of the Justices Act 1959 .
(e) .  .  .  .  .  .  .  .  
(f) .  .  .  .  .  .  .  .  
(1A)  Nothing in this Act shall affect the procedure or practice of the Court in non-contentious proceedings in any probate or administration matter, but the procedure and practice in such non-contentious proceedings may be regulated by the Rules of Court .
(2)  Except as provided by subsection (4) , the provisions of paragraph (a) of subsection (1) shall extend to and include appeals from, and any other proceedings to review or call in question, any conviction, order, judgment, determination, or adjudication made or given by a court of summary jurisdiction in any criminal cause, matter, or proceeding.
(3)  .  .  .  .  .  .  .  .  
(4)  All proceedings in the Court for and on and in connection with an order of review under the Judicial Review Act 2000 or a writ of habeas corpus shall for the purposes of this Act (including appeal) be deemed civil proceedings, notwithstanding that the writ relates to or affects, or would if granted relate to or affect, a criminal cause, matter, or proceeding, or a judgment, order, conviction, inquisition, or other determination made or given in a criminal cause, matter, or proceeding.
(5)  This Act and the Rules of Court shall apply to and govern the procedure and practice of the Court in Admiralty causes and matters; but nothing in this Act or the Rules of Court shall be construed to confer on the Court or any judge thereof any jurisdiction in Admiralty which is not conferred upon the Court or a judge thereof by or under the Admiralty Act 1988 of the Commonwealth.
(6)  In any case in which any action or proceeding in the Magistrates Court (Civil Division) is transferred to the Supreme Court under the Magistrates Court (Civil Division) Act 1992 , such action or proceeding may be conducted, proceeded with, and heard and determined in the Supreme Court, either in accordance with the procedure and practice of the Supreme Court or in accordance with the procedure and practice of the court from which it was removed, as may be ordered by the Supreme Court or a judge thereof; but in either case the Supreme Court and every judge thereof may exercise the same jurisdiction, powers, and authority, in and with respect to the action or proceeding, as if it had been originally commenced in the Supreme Court.



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