Supreme Court of Tasmania

SUPREME COURT OF TASMANIA

PRACTICE DIRECTION

No. 4 of 2014 13 March 2014

The following Practice Direction is published by direction of the Chief Justice, the Honourable Justice Alan Blow OAM.

This Practice Direction replaces 2/2011.

LISTS OF AUTHORITIES

1. In any appeal, contested cause or matter or any complex ex parte matter, a printed list of all authorities and legislation must be lodged with the Court and delivered to each other party not less than 48 hours prior to the time when the counsel estimates that he or she will address the Court. Saturdays, Sundays and Court holidays shall be excluded from the reckoning of the period of 48 hours.

2. Failure to do so may result in the hearing being adjourned.

3. The list of authorities should be headed as a document and divided into three parts:

Part 1 should contain only those authorities which counsel intend to cite in submissions before the Court.

Part 2 should contain those authorities which counsel consider might be referred to during the course of argument, but which counsel do not intend to cite.

Part 3 should list legislation noting sections that will be referred to.

4. In any appeal, contested cause or matter or any complex ex parte matter, the list of authorities must be accompanied by a photocopy for the judge or for each of the judges, as the case may be, of the:

· relevant parts of all decisions referred to in Part 1 of the list. The relevant parts of a decision are the cover page(s), the headnote where one exists, any page(s) to be referred to and any page(s) required to give context and meaning to any such page(s) ;

· relevant sections of any legislation to be referred to other than Tasmanian legislation.

5. The Court does not regard the furnishing of a list of authorities as equivalent to the citation of the authorities in it. The only authorities which the Court will regard as having been cited or relied upon are those to which reference has been made during the hearing.