MAGISTRATES COURT (CIVIL DIVISION) RULES 1998

Tasmanian Consolidated Regulations

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MAGISTRATES COURT (CIVIL DIVISION) RULES 1998

- (S.R. 1998, NO. 25)

TABLE OF PROVISIONS

Long Title

PART 1 - Preliminary

1. Short title
2. Commencement
3. Interpretation

PART 2 - Practice and procedure

4. Conduct of Court proceedings
5. Order to give effect to rules
6. Delay in conduct of proceedings
7. Saving of costs
8. Costs for default
9. Practice directions
10. Directions as to practice and procedure

PART 3 - Proceedings

Division 1 - Parties to a proceeding

11. Identity of party
11A. Naming of parties and proceedings
12. Amendment of parties
13. Parties joined in a proceeding
14. Partners in firms
15. Trustees
16. Representation order
17. Consent to representation order
18. Directions hearing in relation to representation order
19. Practitioner acting on behalf of a party
19A. Body of persons acting in proceedings

Division 2 - Persons under disability

20. Litigation guardian for person under disability
21. Appointment of litigation guardian
22. Particulars of litigation guardian
23. Application for order approving settlement of proceeding by person under disability
24. Settlement of proceeding by person under disability

Division 3 - Commencement of action

25. Action to be commenced by claim
26. Time for service of claim
27. Dividing causes of action

Division 4 - Personal injuries actions

28. Claimant's duties before action is commenced
29. Requirements on commencing action

Division 4A - Originating applications

29A. Certain proceedings to be commenced by originating application
29B. Time for service
29C. Appearance generally

Division 5 - Course of proceeding

30. Registry in which proceeding to be conducted
31. Abandonment of claim or application
32. Discontinuance of proceeding
33. Dismissal of action
34. Joining of actions
35. Actions arising out of similar circumstances
36. Powers of amendment
37. Power to extend or shorten time limits
38. Abuse of process

Division 6 - Filing and service of process

39. Documents to be filed and served
40. Manner of service
40A. Service by registered post
40B. Change of address
41. Time of service
42. Substituted service
43. Proof of service

Division 7 - Pleadings

44. Pleadings
45. Amendment of pleadings
46. Request for better particulars
47. Admissions
48. Defence
49. Objection to jurisdiction
50. Counterclaim and set-off
51. Defence to counterclaim or set-off
52. Third party claims
53. Contribution between defendants
54. Interpleader

Division 8 - Affidavits

55. Form of affidavit
56. Contents of affidavit
57. Affidavits made by 2 or more persons
58. Affidavits by persons not natural persons
59. Affidavits by illiterate or blind persons
60. Alterations in affidavits
61. Scandalous material
62. Affidavits sworn within Australia
63. Affidavit sworn before practitioner or agent

Division 9 - Discovery, inspection and admissions

64. Discovery
65. Production of documents
66. Inspection of discovered documents
67. Limitation of certain documents in evidence
68. Interrogatories
69. Orders against non-parties

Division 10 - Interlocutory applications

70. Application by party
71. Making an application
72. Service of application
73. Other means of making application
74. Hearing an application
75. Non-attendance on applications

Division 11 - Orders

76. Orders generally
77. Formal order
78. Order by consent
79. Judgment for non-compliance with order

PART 4 - Conferences and hearings

80. Conference or hearing held in course of proceeding
80A. Appointment of conciliators
81. Attendance of parties
82. Inability to attend in person
83. Judgment may be entered if party fails to attend
84. Applications made at conference or hearing
85. Orders at conference or hearing
85A. Pre-conference orders
86. Confidentiality of offers and admissions
87. Conciliation conference
88. Adjournment of conciliation conference
88A. Delegation by registrar

PART 5 - Offers of compromise and payments into Court

89. Offer of compromise
90. Withdrawal or variation of offer of compromise
91. Acceptance of offer of compromise
92. Payment into Court
93. Notice of payment into Court
94. Notice of acceptance of payment into Court
95. Payment out of Court
96. Confidentiality of offers and payments into Court

PART 6 - Trial

97. Notice of trial
98. Claims to be heard together
99. Orders at trial
100. Expedited hearing
101. Witness not required to attend trial
102. Summons to witness
103. Examination of witnesses on commission
104. Witness fees
105. Expert evidence
106. Admission of formal evidence and evidence not in dispute
107. Objection to notice
108. Exhibits
109. Non-attendance at trials

PART 7 - Judgment

110. Date of judgment
111. Reasons for judgment
112. Setting aside or varying final judgment
113. Setting aside or varying interlocutory judgments
114. Judgment by consent
115. Summary judgment
116. Judgment in default of defence
117. Amount of default judgment
118. Claim for property repair or loss
119. Hearing of default assessments
119A. Orders about payment of judgment debts

PART 8 - Enforcement of judgments

Division 1 - Enforcement process

120. Issue of enforcement process
121. Enforcement process on certain judgments
122. Service and execution of enforcement process
123. Application to set aside or vary enforcement process
124. Cross-judgments

Division 2 - Attachment of debts

125. Interpretation and application of Division 2
126. Attachment of debts
127. Provisional garnishee order
128. Service of provisional order
129. Final order
129A. Service of final order
129B. Service of order discharging provisional order
129C. Discharge of garnishee
129D. Costs
129E. Priority
of orders

Division 2A - Attachment of wages and salaries

129F. Interpretation and application of Division 2A
129G. Provisional garnishee order for attachment of earnings
129H. Service of provisional garnishee order
129I. Final garnishee order
129J. Service of final garnishee order
129K. Service of order discharging provisional garnishee order
129L. Discharge of garnishee
129M. Costs of garnishee proceedings
129N. Priority of garnishee orders

Division 3 - Warrants

130. Warrant to seize and sell property
131. Seizure of property
132. Sale of property
133. Directions as to sale of property
134. Bailiff's duties and entitlements
135. Warrant of possession
136. Other claim over property seized
137. Bailiff's interpleader

PART 9 - Costs

Division 1 - Costs generally

138. Entitlement to costs
138. 138A. Entitlement to disbursements
138A.
139. Complex proceeding
140. Reserved costs
141. Consequences of not bettering offers or payments
142. Cost penalty for inadequate offer
143. Cost penalty for excessive claim
144. Security for costs
145. Costs of unsuccessful objections to evidence

Division 2 - Assessment of costs

146. Bill of costs
146A. Goods and services tax
147. Objection to bill of costs
148. Assessment of costs
149. Certificate of assessment
150. Review of assessment

PART 10 - Miscellaneous

151. Registrar's functions
152. Review of registrar's or conciliator's decision
153. Records of the Court
154. Certified copies of records
155. Access to documents
156. Numbering of proceedings
157. Opening hours of registry
158. Approved document exchange
159. Litigants Fund
160. Interest applicable to Litigants Fund
SCHEDULE 1
SCHEDULE 2

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