Supreme Court of Tasmania

SUPREME COURT OF TASMANIA

CIRCULAR TO PRACTITIONERS

No. 9 of 2011 19 May 2011
PREROGATIVE WRITS

Supreme Court Amendment (Prerogative Writs) Rules 2011 (SR 26/2011)

Supreme Court Amendment Forms Amendment Rules 2011 (SR 27/2011)

Amendments to the Supreme Court Rules 2000 rules and forms were gazetted on 20 April 2011 and came into effect on the day of gazettal. The amendments relate to Part 26 of the Supreme Court Rules which deals with prerogative writs.

Section 43 of the Judicial Review Act 2000 (“JR Act”) provides that

"The prerogative writs of mandamus, prohibition, certiorari, quo warranto and scire facias are no longer to be issued by the Court."

Part 26 can not be deleted as there are situations where a person may be entitled to relief in the nature of prohibition, mandamus and certiorari:

  • Where the relief sought relates to where the decision was before the JR Act;
  • Where the decision is not a decision under an enactment to which the JR act applies;
  • On the ground of jurisdictional error (refer Kirk v Industrial Relations Commission; Kirk Group Holdings Pty Ltd v WorkCover Authority of New South Wales (Inspector Childs) (2010) 239 CLR 531).

The procedure used for the application would be the general order to show cause procedure.

Elizabeth Knight

REGISTRAR

NOTE: Circular 8 of 2011 (Prerogative Writs) has been withdrawn and Circular 9 of 2001 has been issued in its place.