Tasmanian Consolidated Acts Tasmanian Consolidated Acts
- Act 58 of 1932
- Royal Assent 2 August 1933
TABLE OF PROVISIONS
Long Title
PART I - Jurisdiction, Procedure, and Practice as to Exercise of
Jurisdiction, and Rules of Law
1. 1. Short title and commencement
2. 2. Repeals
3. 3. Interpretation
4. 4. Supreme Court declared to be a Colonial Court of Admiralty
5. 5. Jurisdiction of Supreme Court under this Act to be exercised
by it as one Court
6. 6. How jurisdiction to be exercised
7. 7. References in unrepealed statutes to forms of proceeding: How
interpreted
8. 8. Provision as to exercise of summary jurisdiction
9. 9. Application of Act
10. 10. Law and equity to be administered concurrently
11. 11. Miscellaneous rules of law
12. 12. Jurisdiction as to costs
13. 13. Costs of actions brought in Supreme Court which might have
been brought in an inferior court
PART II - Organization of Court and Allocation of Business
14. 14. Organization of Court
15. 15. Causes and matters to be brought before Full Court
16. 16. Causes and matters to be brought before single judge
17. 17. Reservation of cases and questions for determination by Full
Court
18. 18. This Part to apply to jurisdiction in admiralty
PART III - Sittings
18A. 18A.
19. 19. Business and sittings of Court
20. 20. Reserved judgments
20A. 20A.
21. 21.
22. 22.
23. 23.
24. 24.
25. 25.
PART IV - Trial
26. 26. Actions to be tried at civil trial sittings
27. 27. Power of Full Court or judge to order any question to be
tried at civil trial sittings
28. 28. Transfer to inferior courts of civil jurisdiction of actions
and counter-claims founded on contract or tort
29. 29. Trial at civil trial sittings may be with or without a
jury
30. 30.
31. 31.
32. 32. Act not to affect mode of giving evidence on jury trials,
rules of evidence, or law as to juries
33. 33. Right to have issue for trial by jury submitted to jury
with a proper and complete direction
34. 34. Recovery of interest on debts
35. 35. Recovery of interest on debts
36. 36. Questions of foreign law to be decided by judge
37. 37. Court to have power to call in assessors
37A. 37A. Power of Court to refer action, &c., to arbitrator
37B. 37B. Power of Court to compel attendance before arbitrator
37C. 37C. Statement of special case for opinion of Court
37D. 37D. Examination of parties and witnesses
37E. 37E. Persons not compelled to answer certain questions
37F. 37F. Evidence received by arbitrator
37G. 37G. Costs of arbitration
38. 38. This Part to apply to admiralty causes and matters
PART V - New Trials and Appeals
39. 39. Applications for new trial or to set aside verdict, &c.
40. 40. Appeals
41. 41. Appeal in cases where jurisdiction is discretionary or
exercisable as result of judge's opinion
42. 42. Persons by whom appeals may be instituted
43. 43. Cases in which no appeal lies
44. 44. Appeals as to costs only, and appeals by a person admitted
to sue or defend as a poor person
45. 45. Appeals from judgments given in exercise of discretionary
jurisdiction
46. 46. Appeal to be by way of rehearing
47. 47. Powers of Full Court on hearing of appeals
48. 48. Power of Full Court to receive further evidence
49. 49. Powers of Full Court where only part of judgment appealed
from
50. 50. When new trial not to be granted
51. 51. Judgment obtained by fraud may be set aside by application
for new trial or an action
52. 52. This Part to apply to admiralty causes and matters
PART VI - Proceedings at the Suit of, and Against, the Crown
53. 53. Interpretation
54. 54.
55. 55. Actions by the Crown in respect of rights which do not
directly concern the Crown
56. 56. Actions to establish trust for charity generally
57. 57. Actions to recover or protect property subject to trust for
charity
58. 58. Cases in which Attorney-General is required to be made a
party or cited
59. 59. Actions for declaration that property is subject to a trust
for public purposes
60. 60. Actions relating to administration of property subject to
trust for public purposes
61. 61. Relators
62. 62. Proceedings relating to property subject to trust for
particular charities
63. 63. Power of Attorney-General at any time to institute
proceedings with respect to any charitable trust
64. 64.
65. 65.
66. 66.
67. 67.
68. 68.
69. 69.
70. 70.
71. 71.
72. 72.
73. 73.
PART VII -
. . . . . . . .
74. 74.
75. 75.
76. 76.
77. 77.
78. 78.
79. 79.
80. 80.
81. 81.
82. 82.
83. 83.
84. 84.
85. 85.
86. 86.
PART VIII - Proceedings in Lunacy
87. 87.
88. 88.
89. 89.
90. 90. No commission in nature of a writ of de lunatico inquirendo
to be issued
91. 91.
92. 92.
93. 93.
94. 94.
95. 95.
96. 96.
97. 97.
98. 98.
99. 99.
100. 100.
101. 101.
102. 102.
103. 103.
104. 104.
105. 105.
106. 106.
107. 107.
108. 108.
109. 109.
110. 110.
111. 111.
112. 112.
113. 113.
114. 114.
115. 115.
116. 116.
117. 117.
118. 118.
119. 119.
120. 120.
121. 121.
122. 122.
123. 123.
124. 124.
125. 125.
126. 126.
127. 127.
128. 128.
129. 129.
130. 130.
131. 131.
132. 132.
133. 133.
134. 134.
135. 135.
136. 136.
137. 137.
138. 138.
139. 139.
140. 140.
141. 141.
142. 142.
143. 143.
144. 144.
145. 145.
146. 146.
147. 147.
148. 148.
149. 149.
150. 150.
151. 151.
152. 152.
153. 153.
154. 154.
155. 155.
156. 156.
157. 157.
158. 158.
159. 159.
160. 160.
161. 161.
PART IX - Enforcement of Judgments and Execution
162. 162. Interpretation
163. 163. Powers of Court as to enforcement of its judgments
164. 164. Judgment for sum of money to have same effect as judgment
at Common Law
165. 165. Judgments to carry interest
166. 166. Charging order on Government stock or shares in companies
belonging to judgment debtor
167. 167. Charging order to be made ex parte in first instance, and
on notice to bank or company to act as a distringas
168. 168. Provisions of sections 166 and 167 to extend to contingent
interest in stock and shares and the dividends thereof, and to
stock, &c., in Court
169. 169. Execution of instruments by order of Court
PART X - Enforcement in Tasmania of Judgments Obtained in Superior
Courts in Other Parts of His Majesty's Dominions
170. 170. Interpretation
171. 171. Enforcement in this State of judgments obtained in superior
courts in other British dominions
172. 172. Cases in which the judgments mentioned in section 171 are
not to be registered in the Court
173. 173. Effect of registration of judgment
174. 174. Rules of Court
175. 175. Costs of action on a judgment which might have been
registered under this Part, but has not been so registered
176. 176. Issue of certificates of judgments obtained in this State
177. 177. Extent of this Part
PART XI - Jurisdiction of Inferior Courts
178. 178. Power of Governor to confer jurisdiction in equity on any
inferior court of civil jurisdiction
179. 179. Jurisdiction conferred under section 178 may be limited or
conferred subject to conditions
180. 180. Power of Governor to extend any of the provisions of this
Act to any inferior court of civil jurisdiction
181. 181. Transfer to Court of proceedings in equity where
subject-matter exceeds limit of jurisdiction of inferior court
182. 182. Inferior court having jurisdiction at law and in equity may
grant same relief, and give effect to same defences and
counter-claims, as the Court
183. 183. Counter-claims in inferior courts, and transfers therefrom
184. 184. Procedure on transfer of causes from the Court to inferior
court of civil jurisdiction
185. 185. Provisions of section 11 to apply to all courts in which
they can be applied
PART XII - Officers and Offices
186. 186. Establishment of district registries
187. 187. Seal of district registry
188. 188. Original proceedings may be instituted in any registry
189. 189. Transfer of proceedings from one registry to another
190. 190. Transfer for purpose of application
191. 191. Production of books, &c., at district registry
191A. 191A. Withdrawal of matters from the Associate Judge
191B. 191B. Effect of, and appeal from, orders of the Associate Judge
PART XIII - Miscellaneous Provisions
192. 192. Right of judges to act judicially in cases relating to
rates and taxes
193. 193. Appointment of commissioners
194. 194. Suitors' funds to vest in the Registrar
194A. 194A. Securities in Court
194B. 194B. Liability of Consolidated Fund for default of the Registrar
194C. 194C. Banking and investment of suitors' funds
194D. 194D. Investment made under order of court
194E. 194E. Validity of payments, &c., pursuant to Rules of Court
194F. 194F. Remittance by post
194G. 194G. Vexatious litigants
194H. 194H. Annual report
PART XIV - Rules
195. 195. Rules of Court
196. 196. Rules in Schedule II to regulate procedure and practice
until altered or annulled
197. 197. Power of judges to make Rules of Court
198. 198. Application of section 197
199. 199. Application of section 197
200. 200. Rules of Court may be made in substitution for statutory
rules of procedure
201. 201. Provision for cases of doubt or difficulty
202. 202. Rule Committee
203. 203. Rules of Court to be recommended or approved of by Rule
Committee
204. 204. Rules of Court to be laid before Parliament
205. 205. Provisions of this Act as to authority by whom and manner
in which Rules of Court shall be made exhaustive
SCHEDULE 1
SCHEDULE 2
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