Tasmanian Consolidated Regulations

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SUPREME COURT RULES 2000 - REG 88

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The following classes of proceedings are to be commenced by a writ, unless these rules provide that they are to be commenced by application:
(a) for the recovery of a debt;
(b) for the recovery of wages or other remuneration;
(c) for the restitution or return of money paid;
(d) for the assessment of a sum as the value of goods or services, including claims on a quantum meruit or quantum valebat;
(e) proceedings based on a common count;
(f) for the recovery of a sum due on a negotiable instrument;
(g) for the return of goods or their value;
(h) for the recovery of money due in respect of necessaries supplied;
(i) for the enforcement of a bond;
(j) for the enforcement of a contract, an indemnity or a guarantee;
(k) for the specific performance of a contract;
(l) for the recovery of rent or mesne profits;
(m) for the recovery of land;
(n) for the recovery of damages, however arising;
(o) for the declaration of a private right, including a right to ownership of personal property, except one to which rule 89(a) or rule 90(1)(a) applies;
(p) for the declaration of a public right, except one to which rule 89(a) or rule 90(1)(a) applies;
(q) for the rectification of a deed or other instrument;
(r) for the setting aside of a contract or a gift;
(s) for the setting aside of a deed, conveyance, transfer or other instrument;
(t) in the nature of an action of replevin;
(u) for an injunction, except if it is sought as ancillary to relief claimed in an application;
(v) for the enforcement of a statutory right if the statute creating the right specifies that the proceeding to enforce the right is to be by way of an action;
(w) for other relief which, before the commencement of the Act, was sought by action commenced by –
(i) writ or plaint and summons; or
(ii) bill or information in the equity jurisdiction of the Court; or
(iii) citation or otherwise in the ecclesiastical jurisdiction of the Court;
(x) for the repeal, revocation, cancellation or vacation of any grant or charter granted or issued by the Crown or of any record;
(y) against the Crown.
(z) .  .  .  .  .  .  .  .  
(za) .  .  .  .  .  .  .  .  



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