COURT OF TASMANIA
No. 1 of 2015
following Practice Direction is published by direction of the Chief Justice,
the Honourable Justice A M Blow OAM.
Practice Direction replaces 11/2005.
(The only changes are a change from "Master" to "Associate Judge", and
the addition of a note relating to Corporations
to r414(a), the following classes of proceeding are specified as being classes
of proceeding to which Supreme Court Rules 2000, Division 1 of Part 14
proceedings commenced under rules 89 or 90 by originating application intended
to be served.
proceedings commenced by writ except actions where damages are claimed by the
plaintiff in respect of personal injury.
All proceedings commenced under
rules 89 or 90 by originating application intended to be served are to be made
returnable at first instance before the Associate Judge for directions.
The following procedure applies
to proceedings commenced by writ:
the time of filing the defence, or within seven days thereafter, the
defendant's solicitor must file and serve a list of all the orders which the
defendant seeks at the first directions hearing.
fourteen days of receipt of that list, the plaintiff's solicitor is to file and
serve a list of the orders which the plaintiff seeks at such hearing.
- If an order is sought:
- striking out a pleading;
- limiting discovery or interrogation;
- providing for the early discovery of particular facts or documents; or
- otherwise relating to a substantive matter likely to be in controversy;
a brief statement of the grounds upon which the order is
sought is to be included in the list.
to the directions hearing, the solicitors are to confer and endeavour to reach
agreement on as many of the orders sought as possible. Where there is agreement, the parties should
file a consent memorandum.
directions include a timetable, a party unable to comply with the time limit,
is to apply by letter to the court for an amendment to the timetable prior to the expiration of the time
party requesting an alteration to the timetable is to invite the other party to
consent to the alteration prior to the listing of the application. Upon certification that a party has declined
or failed to consent, the application will be listed for hearing.
This Practice Direction does
not apply to proceedings under the Corporations
Act 2001 to which the Supreme Court
(Corporations) Rules 2008 apply. SSeeCircular 4/2015.