Civil litigants

Beginning an action

In civil litigation the parties are generally responsible for conducting the litigation. They do this by:

  • defining the issues;
  • gathering the evidence; and
  • finding the witnesses.

The process of bringing a civil action to trial in the Supreme Court of Tasmania is set out in Part 22 – Trials of the Supreme Court Rules 2000. Part 22 consists of the following Divisions:

  • Division 1 – Setting down for trial (rules 539-553)
  • Division 2 – Place and mode of trial (rules 554-563)
  • Division 3 – Special case (rules 564-567)
  • Division 4 – Trial (rules 569-573)
  • Division 5 – References out of Court (rules 574-582)
  • Division 6 – Assessment of damages or value (rules 583-587)

Court Etiquette

See the Behaviour and Etiquette  page for details of appropriate dress and behaviour in court.

Court fees and percentages

Fees and percentages to be taken in all proceedings, including Probate actions.

Lawyers’ Costs

The Supreme Court Rules 2000 Schedule 1 sets out the costs that are to be paid to the solicitor and/or barrister of the successful party by the unsuccessful party in civil proceedings.

If there is any disagreement about the costs that the solicitor and/or barrister asserts are payable the matter is referred to a taxation officer of the Supreme Court to assess the costs that are necessary or proper.

The standard costs (as adjusted periodically) are set out here: Costs allowed to solicitors and barristers

Further information on costs and the taxation process is found here: Information Sheet

Expenses of Execution

Costs of a writ of execution which may be directed to be levied.

Legal Advice

See the Legal Aid Commission web site for details of their services.