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Table Of Contents

Contents (1932 - 58)

Supreme Court Civil Procedure Act 1932

Status information

Long Title

Part I - Jurisdiction, Procedure, and Practice as to Exercise of Jurisdiction, and Rules of Law

1. Short title and commencement

2. Repeals

3. Interpretation

4. Supreme Court may exercise jurisdiction in Admiralty actions

5. Jurisdiction of Supreme Court under this Act to be exercised by it as one Court

6. How jurisdiction to be exercised

7. References in unrepealed statutes to forms of proceeding: How interpreted

8. Provision as to exercise of summary jurisdiction

9. Application of Act

10. Law and equity to be administered concurrently

11. Miscellaneous rules of law

12. Jurisdiction as to costs

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. Organization of Court

15. Causes and matters to be brought before Full Court

16. Causes and matters to be brought before single judge

17. Reservation of cases and questions for determination by Full Court

18. Repealed

Part III - Sittings

18A. Repealed

19. Business and sittings of Court

20. Reserved judgments

20A. Repealed

21. Repealed

22. Repealed

23. Repealed

24. Repealed

25. Repealed

Part IV - Trial

26. Actions to be tried at civil trial sittings

27. Power of Full Court or judge to order any question to be tried at civil trial sittings

28. Transfer to inferior courts of civil jurisdiction of actions and counter-claims founded on contract or tort

29. Trial at civil trial sittings may be with or without a jury

30. Repealed

31. Repealed

32. Act not to affect mode of giving evidence on jury trials, rules of evidence, or law as to juries

33. Right to have issue for trial by jury submitted to jury with a proper and complete direction

34. Recovery of interest on debts

35. Recovery of interest on debts

35A. Interest on judgments

36. Questions of foreign law to be decided by judge

37. Court to have power to call in assessors

37A. Power of Court to refer action, &c., to arbitrator

37B. Power of Court to compel attendance before arbitrator

37C. Statement of special case for opinion of Court

37D. Examination of parties and witnesses

37E. Persons not compelled to answer certain questions

37F. Evidence received by arbitrator

37G. Costs of arbitration

38. Repealed

Part V - New Trials and Appeals

39. Applications for new trial or to set aside verdict, &c.

40. Appeals

41. Appeal in cases where jurisdiction is discretionary or exercisable as result of judge's opinion

42. Persons by whom appeals may be instituted

43. Cases in which no appeal lies

44. Appeals as to costs only, and appeals by a person admitted to sue or defend as a poor person

45. Appeals from judgments given in exercise of discretionary jurisdiction

46. Appeal to be by way of rehearing

47. Powers of Full Court on hearing of appeals

48. Power of Full Court to receive further evidence

49. Powers of Full Court where only part of judgment appealed from

50. When new trial not to be granted

51. Judgment obtained by fraud may be set aside by application for new trial or an action

52. Repealed

Part VI - Proceedings at the Suit of, and Against, the Crown

53. Interpretation

54. Repealed

55. Actions by the Crown in respect of rights which do not directly concern the Crown

56. Actions to establish trust for charity generally

57. Actions to recover or protect property subject to trust for charity

58. Cases in which Attorney-General is required to be made a party or cited

59. Actions for declaration that property is subject to a trust for public purposes

60. Actions relating to administration of property subject to trust for public purposes

61. Relators

62. Proceedings relating to property subject to trust for particular charities

63. Power of Attorney-General at any time to institute proceedings with respect to any charitable trust

Part VII - Representative Proceedings

Division 1 - Preliminary

64. Interpretation

65. Application of Part

Division 2 - Commencement of representative proceedings

66. Commencement of representative proceedings

67. Standing

68. Consent to be a group member not required

69. Persons under legal incapacity

70. Originating process

71. Right of group member to opt out

72. Causes of action accruing after commencement of representative proceedings

73. Situation where fewer than 7 group members

74. Distribution costs excessive

75. Court may order discontinuance of proceedings in certain circumstances

76. Effect of discontinuance order under this Part

77. Determination of questions if not all common

78. Individual questions

79. Directions relating to commencement of further proceedings

80. Adequacy of representation

81. Stay of execution in certain circumstances

82. Approval of Court required for settlement or discontinuance

83. Settlement of individual claim of representative party

Division 3 - Notices

84. Notice to be given of certain matters

85. Notices under section 84

Division 4 - Powers of Court

86. Judgment powers of Court

87. Constitution, &c., of fund

88. Effect of judgment

Division 5 - Appeals

89. Appeals

Division 6 - Miscellaneous

89A. Costs

89B. Suspension of limitation periods

89C. General power of Court to make orders

89D. Reimbursement of representative partys costs

Part VIII - Proceedings in Lunacy

90. No commission in nature of a writ of de lunatico inquirendo to be issued

91. Repealed

92. Repealed

93. Repealed

94. Repealed

95. Repealed

96. Repealed

97. Repealed

98. Repealed

99. Repealed

100. Repealed

101. Repealed

102. Repealed

103. Repealed

104. Repealed

105. Repealed

106. Repealed

107. Repealed

108. Repealed

109. Repealed

110. Repealed

111. Repealed

112. Repealed

113. Repealed

114. Repealed

115. Repealed

116. Repealed

117. Repealed

118. Repealed

119. Repealed

120. Repealed

121. Repealed

122. Repealed

123. Repealed

124. Repealed

125. Repealed

126. Repealed

127. Repealed

128. Repealed

129. Repealed

130. Repealed

131. Repealed

132. Repealed

133. Repealed

134. Repealed

135. Repealed

136. Repealed

137. Repealed

138. Repealed

139. Repealed

140. Repealed

141. Repealed

142. Repealed

143. Repealed

144. Repealed

145. Repealed

146. Repealed

147. Repealed

148. Repealed

149. Repealed

150. Repealed

151. Repealed

152. Repealed

153. Repealed

154. Repealed

155. Repealed

156. Repealed

157. Repealed

158. Repealed

159. Repealed

160. Repealed

161. Repealed

Part IX - Enforcement of Judgments and Execution

162. Interpretation

163. Powers of Court as to enforcement of its judgments

164. Judgment for sum of money to have same effect as judgment at Common Law

165. Judgments to carry interest

166. Charging order on Government stock or shares in companies belonging to judgment debtor

167. Charging order to be made ex parte in first instance, and on notice to bank or company to act as a distringas

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. 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. Interpretation

171. Enforcement in this State of judgments obtained in superior courts in other British dominions

172. Cases in which the judgments mentioned in section 171 are not to be registered in the Court

173. Effect of registration of judgment

174. Rules of Court

175. Costs of action on a judgment which might have been registered under this Part, but has not been so registered

176. Issue of certificates of judgments obtained in this State

177. Extent of this Part

Part XI - Jurisdiction of Inferior Courts

178. Power of Governor to confer jurisdiction in equity on any inferior court of civil jurisdiction

179. Jurisdiction conferred under section 178 may be limited or conferred subject to conditions

180. Power of Governor to extend any of the provisions of this Act to any inferior court of civil jurisdiction

181. Transfer to Court of proceedings in equity where subject-matter exceeds limit of jurisdiction of inferior court

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. Counter-claims in inferior courts, and transfers therefrom

184. Procedure on transfer of causes from the Court to inferior court of civil jurisdiction

185. Provisions of section 11 to apply to all courts in which they can be applied

Part XII - Officers and Offices

186. Establishment of district registries

187. Seal of district registry

188. Original proceedings may be instituted in any registry

189. Transfer of proceedings from one registry to another

190. Transfer for purpose of application

191. Production of books, &c., at district registry

191A. Repealed

191B. Effect of, and appeal from, orders of the Associate Judge

Part XIII - Miscellaneous Provisions

192. Right of judges to act judicially in cases relating to rates and taxes

193. Appointment of commissioners

194. Suitors' funds to vest in the Registrar

194A. Securities in Court

194B. Liability of Public Account for default of the Registrar

194C. Banking and investment of suitors' funds

194D. Investment made under order of court

194E. Validity of payments, &c., pursuant to Rules of Court

194F. Remittance by post

194G. Vexatious litigants

194H. Annual report

Part XIV - Rules

195. Rules of Court

196. Rules in Schedule II to regulate procedure and practice until altered or annulled

197. Power of judges to make Rules of Court

198. Application of section 197

199. Application of section 197

200. Rules of Court may be made in substitution for statutory rules of procedure

201. Provision for cases of doubt or difficulty

202. Rule Committee

203. Rules of Court to be recommended or approved of by Rule Committee

204. Rules of Court to be laid before Parliament

205. Provisions of this Act as to authority by whom and manner in which Rules of Court shall be made exhaustive

Schedule I - Repeals

Schedule II - Repealed

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Supreme Court Civil Procedure Act 1932

Version current from 9 September 2019 to 29 August 2024 (accessed 17 March 2025 at 8:13)

Status Information

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Version current from 9 September 2019 to 29 August 2024 (accessed 17 March 2025 at 8:13)

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Table of Amending Instruments

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File last modified 9 September 2024

Tasmanian Legislation Tasmania's consolidated legislation online

Supreme Court Civil Procedure Act 1932

Status Information

Currency of version

Table of Amending Instruments

Responsible Minister and Department

Authorisation

Tasmanian Legislation
Tasmania's consolidated legislation online