Tasmanian Numbered Regulations

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SUPREME COURT RULES 2000 (S.R. 2000, NO. 8) - REG 5

Interpretation
In these rules –
A4 paper means paper known by that name that is 297 millimetres in length by 210 millimetres in width;
Act means the Supreme Court Civil Procedure Act 1932 ;
action means a proceeding commenced by a writ;
address for service means the address at which documents may be left;
application means –
(a) an originating application in writing by which a proceeding mentioned in rule 89 or 90 is commenced; and
(b) an interlocutory application, oral or in writing, made to the Court or a judge in the course of any proceeding already commenced in the Court;
approved document exchange means a document exchange approved under rule 8 ;
Convention means a convention with a foreign country, made with or extended to the Commonwealth or the State, with respect to legal proceedings in civil matters whether or not it is also made with respect to other legal proceedings;
Convention country means a foreign country to which a Convention applies;
Court means the Supreme Court;
deliver includes serve;
document means any process, pleading, notice, order, application or other document or written communication;
endorsement , used in respect of a writ, includes any statement of a plaintiff's claim set out on the face of the writ;
inspect includes the following, with or without the aid of equipment:
(a) to view data or visual images embodied in any document;
(b) to listen to sounds embodied in any document;
(c) to reproduce sounds, data or visual images embodied in any document;
judge , in relation to an inferior court, includes any judicial officer invested with the power of exercising the jurisdiction of that inferior court;
Law Society means the Law Society of Tasmania within the meaning of the Legal Profession Act 1993 ;
litigation guardian means a litigation guardian for a person under disability;
office seal means a seal kept under rule 17 ;
officer means –
(a) a person employed in a registry of the Court; and
(b) the Master; and
(c) the Principal Registrar; and
(d) a district registrar;
opposite party includes any party to a cause or matter in which an issue is to be determined or a right is to be adjudicated;
ordinary sittings of a Full Court means a sitting of a Full Court appointed under section 20(2) and (3) of the Act;
originating process means –
(a) any document by which an original proceeding is commenced; and
(b) a writ;
person under disability means an infant or a person who is incapable of managing and administering his or her affairs in relation to proceedings resulting from any absence, loss or abnormality of mental or psychological function;
personal service means service effected by delivery to the person to be served;
practitioner means a legal practitioner as defined in the Legal Profession Act 1993 ;
prescribed fee means a fee prescribed by Schedule 2 ;
prescribed form means the appropriate form prescribed in the Supreme Court Forms Rules 2000 ;
prescribed rate of interest means interest at the rate of 10% a year;
Principal Registrar means the Registrar of the Court;
Principal Registry includes the only registry of the Court if there is no district registry;
probate action includes every proceeding relating to the grant or recall of probate or letters of administration other than common form business;
proceeding means any matter commenced by originating process;
process server means a person, who is not an officer of the Sheriff, responsible for the service or execution of a document or process;
receiver includes –
(a) an assignee; and
(b) a manager; and
(c) a manager appointed by or under an order of the Court;
register of proceedings means the register kept under rule 32(1)(c) ;
registrar means –
(a) the Principal Registrar; and
(b) a district registrar of the Court;
registry , in relation to any proceeding or intended proceeding, means the registry of the Court in which that proceeding is pending or is intended to be commenced;
seal of the Court means the Great Seal of the Court;
sealed copy , in relation to a document, means a copy sealed with the seal of the Court or an office seal;
society includes –
(a) an unincorporated society; and
(b) a fellowship; and
(c) a club, other than a proprietary club; and
(d) an association;
taxing officer means an officer of the Court empowered to conduct a taxation of costs under these rules;
writ , used without any qualification, means a document in accordance with the prescribed form;
writing includes print and typewriting.



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