Tasmanian Consolidated Regulations

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SUPREME COURT RULES 2000 - REG 552

Applications for directions in certain cases
(1)  A party to a proceeding may apply to a judge for directions if –
(a) the party has a genuine doubt or difficulty as to the application of the provisions of this Division or compliance with those provisions; or
(b) there has been undue delay by another party in relation to any step in the proceeding; or
(c) another party has failed to comply with a provision of this Division; or
(d) for some other sufficient reason it appears expedient so to do.
(2)  An application is to be made by letter to the registrar and to the other parties stating the particulars and grounds of the application.
(3)  The registrar is to fix a date and time for the determination by a judge of the application under subrule (1) and is to notify the parties accordingly.
(4)  On an application, the judge may –
(a) make any order in the circumstances as may be just; and
(b) fix a timetable in relation to delivery of pleadings, discovery and any other matter relating to the action or other proceeding; and
(c) in the case of third party proceedings –
(i) dispense with formal pleadings and settle the issues to be tried between the defendant and third party; and
(ii) order that the third party comply with any of the provisions of this Division as are appropriate; and
(d) dispense with the filing of the certificate of readiness or joint letter of readiness, hold a pre-trial conference and give any direction as may be just and expedient to bring the action or other proceeding to trial.
(5)  A timetable fixed under subrule (4)(b) replaces any times otherwise fixed by these rules.
(6)  If a judge makes an order under subrule (4) dispensing with the filing of a certificate of readiness or joint letter of readiness, the action or other proceeding is to be listed for trial on the filing by a party of a request to list it for trial and 2 copies of the pleadings.



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