Tasmanian Consolidated Regulations

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SUPREME COURT RULES 2000 - REG 420

Circumstances of application
(1)  If, at any time before the trial of a proceeding, a party makes an application to the Court or a judge for any order or direction, other than an application referred to in subrule (2)  –
(a) the party is to make a general application for directions; or
(b) if the order or direction is sought by consent and an order is not required to be drawn up on the order or direction, the parties are to apply by a memorandum to the registrar who may make the order or direction sought.
(2)  Subrule (1) does not apply to any of the following applications:
(a) for an injunction;
(b) for the appointment of a receiver;
(c) for judgment in default of defence under Division 2 of Part 11 ;
(d) for judgment under Division 3 or 4 of Part 11 ;
(e) to set aside any proceeding;
(f) to stay proceedings absolutely;
(g) to dismiss or discontinue the action;
(h) to transfer an action to an inferior court of civil jurisdiction;
(i) for the issue of a writ of attachment;
(j) for the committal of any person.
(3)  A respondent to a general application for directions may apply for any relevant order or direction as to any interlocutory matter in the proceeding.
(4)  In any case in which a general application for directions is made, each application before judgment, other than an application referred to in subrule (2) , is to be made under that application.
(5)  Any application for an order or direction made under the general application for directions subsequent to the first hearing of that general application is to be set down for further hearing on 2 clear days’ notice given by letter to the other party stating the order or direction required.



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