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TASMANIA
__________
SUPREME COURT CIVIL PROCEDURE
AMENDMENT BILL 2004
__________
CONTENTS
PART 1 PRELIMINARY
1. Short title
2. Commencement
PART 2 SUPREME COURT ACT 1959 AMENDED
3. Principal Act
4. Section 5 amended (Tenure of office and terms of
appointment of Master)
5. Section 5B repealed
PART 3 SUPREME COURT CIVIL PROCEDURE ACT
1932 AMENDED
6. Principal Act
7. Section 191A amended (Withdrawal of matters from the
Master)
8. Section 191B amended (Effect of, and appeal from, orders
of the Master)
9. Section 197 amended (Power of judges to make Rules of
Court)
[Bill 3]-I
2
SUPREME COURT CIVIL PROCEDURE
AMENDMENT BILL 2004
(Brought in by the Minister for Justice and Industrial
Relations, the Honourable Judith Louise Jackson)
A BILL FOR
An Act to amend the Supreme Court Act 1959 and
the Supreme Court Civil Procedure Act 1932
Be it enacted by His Excellency the Governor of Tasmania,
by and with the advice and consent of the Legislative
Council and House of Assembly, in Parliament assembled,
as follows:
PART 1 PRELIMINARY
Short title
1. This Act may be cited as the Supreme Court Civil
Procedure Amendment Act 2004.
Commencement
2. This Act commences on the day on which this Act
receives the Royal Assent.
[Bill 3] 3
s. 3 No. Supreme Court Civil Procedure 2004
Amendment
PART 2 SUPREME COURT ACT 1959 AMENDED
Principal Act
3. In this Part, the Supreme Court Act 1959* is referred to
as the Principal Act.
Section 5 amended (Tenure of office and terms of
appointment of Master)
4. Section 5(1) of the Principal Act is amended by omitting
"as the Governor determines" and substituting "and with
such immunities as apply from time to time to puisne
judges of the Court".
Section 5B repealed
5. Section 5B of the Principal Act is repealed.
*No. 41 of 1959
4
2004 Supreme Court Civil Procedure No. s. 6
Amendment
PART 3 SUPREME COURT CIVIL PROCEDURE
ACT 1932 AMENDED
Principal Act
6. In this Part, the Supreme Court Civil Procedure Act
1932* is referred to as the Principal Act.
Section 191A amended (Withdrawal of matters from
the Master)
7. Section 191A of the Principal Act is amended as
follows:
(a) by inserting "or in court" after "sitting in
chambers";
(b) by inserting "or in court" after "judge in
chambers".
Section 191B amended (Effect of, and appeal from,
orders of the Master)
8. Section 191B of the Principal Act is amended as
follows:
(a) by inserting in subsection (1) "or in court"
after "Master sitting in chambers";
(b) by inserting in subsection (1) "or in court"
after "judge sitting in chambers";
(c) by inserting in subsection (2) "or in court"
after "chambers";
*No. 58 of 1932
5
s. 9 No. Supreme Court Civil Procedure 2004
Amendment
(d) by inserting the following subsections after
subsection (2):
(3) The Master constitutes the Court for
the purpose of the exercise of his or her powers
and an appeal from a decision or order of the
Master, whether given in court or in
chambers, is to be an appeal by way of
rehearing.
(4) On the hearing of an appeal from a
decision or order of the Master, whether given
in court or in chambers, a judge sitting alone,
whether in court or in chambers, has the same
jurisdiction and powers as the Full Court has
in hearing an appeal against a decision or
order of a judge.
Section 197 amended (Power of judges to make
Rules of Court)
9. Section 197 of the Principal Act is amended as follows:
(a) by omitting paragraph (f) from subsection (1)
and substituting the following paragraph:
(f) Empowering the Master to
exercise all of the powers of the
Court, including the exercise of
inherent jurisdiction which may be
exercised by a single judge sitting
in chambers or by a single judge
sitting in court without a jury
except in relation to
(i) proceedings relating to the
liberty of the subject; and
6
2004 Supreme Court Civil Procedure No. s. 9
Amendment
(ii) proceedings in the Court's
appellate jurisdiction other
than a review of a taxation
of costs by an officer of the
Court; and
(iii) applications for relief
similar to certiorari,
mandamus or prohibition;
and
(iv) applications for orders of
review under the Judicial
Review Act 2000;
(b) by inserting the following subsection after
subsection (1):
(1A) A reference in subsection (1)(f)(ii)
to an officer of the Court does not include the
Master.
Government Printer, Tasmania 7