Tasmanian Numbered Regulations

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SUPREME COURT AMENDMENT RULES 2005 (S.R. 2005, NO. 100) - REG 9

Rules 962 and 963 substituted
Rules 962 and 963 of the Principal Rules are rescinded and the following rules are substituted:

962.     Jurisdiction of Master

(1)  The Master sitting in chambers or in court may 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 for the hearing and determination of the following:
(a) proceedings in the Court’s appellate jurisdiction, other than a review of a taxation of costs by an officer of the Court;
(b) an application for a writ of certiorari, mandamus or prohibition or for relief similar to mandamus;
(c) an application for an order of review under the Judicial Review Act 2000 ;
(d) proceedings for the declaration of a public right;
(e) proceedings to determine a question of construction, arising under a statute, regulation, letters patent, by-law or other written instrument of a public nature made by the Crown or a public or local authority, and a declaration of the rights of persons interested under that instrument;
(f) proceedings under section 39(1) of the Commercial Arbitration Act 1986 ;
(g) proceedings for admission as a legal practitioner or barrister of the Court, other than by an application made in accordance with the mutual recognition principle;
(h) proceedings to require a legal practitioner to answer an affidavit;
(i) proceedings to strike a legal practitioner off the roll or to suspend or otherwise discipline a legal practitioner;
(j) proceedings to disbar or otherwise discipline a barrister;
(k) subject to subrule (2) , other proceedings commenced under rule 88 or 89 .
(2)  The Master may hear and determine proceedings referred to in subrule (1)(k) if –
(a) the parties consent or a judge so orders; or
(b) the hearing is consequent upon the entry of an interlocutory judgment under rule 348 following a failure to appear to a writ.

963.     Reference to judge

At any time before giving judgment, the Master may –
(a) adjourn the hearing of any matter to a judge sitting in chambers or in court; or
(b) reserve any matter or any point or question in a matter for the consideration of a judge sitting in chambers or in court.



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