Supreme Court of Tasmania

SUPREME COURT OF TASMANIA

PRACTICE DIRECTION

No 4 of 2012 31 July 2012  - This Practice Direction has now been superceded by No 2/2014
APPEALS (MISCELLANEOUS) – WRITTEN OUTLINES OF CONTENTIONS

The following Practice Direction is published by direction of the Chief Justice, the Honourable Justice Crawford.

This Practice Direction applies to the following proceedings:

  • appeals from inferior courts (Part 27, Division 2 of the Supreme Court Rules 2000);
  • appeals from statutory tribunals (Part 27, Division 4 of the Supreme Court Rules 2000);
  • proceedings under the Judicial Review Act 2000 (Part 32, Division 1A of the Supreme Court Rules 2000);
  • an appeal from the associate judge to a judge pursuant to the Supreme Court Civil Procedure Act 1932, s191B(2)(a); and
  • a notice to review under the Justices Act 1959.

In proceedings to which this Practice Direction applies, unless otherwise ordered :

(1) the appellant must file and serve a written outline of each of its contentions of fact and law not later than 7 clear days before the date for the hearing of the appeal.

(2) the respondent must file and serve a written outline of each of its contentions of fact and law within 4 days of service of the appellant’s contentions.

(3) each party to the appeal is not to advance any contention of fact or law which is not set out in the written outline of that party, without the leave of the Court.

The content of each party’s written contentions must comply with the requirements of Practice Direction 6 of 2005 with such modifications as are necessary in the circumstances of the particular case.