Courts Tasmania



No. 5 of 2009 9 July 2009
2009 S/R 75 of 2009

The Wills Act 2008 commenced on 1 March 2009. As a result, amendments have been made to the Supreme Court Rules 2000. Those amendments took effect on 8 July 2009.

These amendments do not relate to routine non-contentious applications for grants of probate and letters of administration.

Commencement of Proceedings

As a result of the new amendments, some proceedings that would previously have been commenced by writ are now to be commenced by the filing of an originating application. The relevant provisions are now to be found in rule 89(p) and rule 90(1)(o).

Proceedings Commenced by Originating Applications

Originating applications should be filed whenever orders for any of the following types of relief are sought:

All such applications will ordinarily be given a first return date when they will be listed for mention in chambers before the Associate Judge. Unless otherwise ordered, the final hearings of applications for the following will be listed in chambers:

Unless otherwise ordered, the final hearings of all other applications under the Wills Act 1992 or the Wills Act 2008 will be listed in Court.

Proceedings Commenced by Writ

Under rule 88(w)(iii), it will still be necessary to commence proceedings by a writ in other contentious probate cases, including the following:

New Procedural Rules

The new amendments introduce new procedural rules in relation to certain applications under the Wills Act 2008 and, when they remain in force, the corresponding provisions of the Wills Act 1992. Amongst other things, these rules deal with the contents of affidavits, and the joinder of respondents. They apply to the following sorts of proceedings:


Elizabeth Knight