SUPREME COURT OF TASMANIA
No 2 of 2014 21 February 2014
The following Practice Direction is published by direction of the Chief Justice, the Honourable Justice A M Blow OAM.
This Practice Direction replaces Practice Direction 4 of 2012. The time limits for lodging and serving written submissions have been changed. See clause 2 below.
APPEALS (MISCELLANEOUS) – WRITTEN OUTLINES OF CONTENTIONS
1 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);
- appeals from the associate judge to a judge pursuant to the Supreme Court Civil Procedure Act 1932, s191B(2)(a); and
- notices to review under the Justices Act 1959.
2 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 10 clear days before the date fixed 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 outline.
(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.
3 The content of each party’s written outline must comply with the requirements of Practice Direction 1 of 2014 with such modifications as are necessary in the circumstances of the particular case.
4 Departure from the above timetables requires the permission of the Chief Justice or the judge before whom the appeal is listed.