Circulars

No. 2 of 2009

Magistrates Court (Administrative Appeals Division)

Practitioners are advised that applications under the Magistrates Court (Administrative Appeals Division) Act 2001 may now be filed in any registry of the Magistrates Court.

This arrangement supercedes the previous requirement (stated in Circular to Practitioners 3/2005) that all such proceedings were required to be filed in the Launceston registry of the Magistrates Court.

In accordance with the Chief Magistrate’s Practice Direction 1/2002, the Magistrates Court (Civil Division) Rules 1998 will continue to apply to such proceedings.

Accordingly, cases will be transferred to the most appropriate registry location in accordance with r.30 of the Magistrates Court (Civil Division) Rules 1998, irrespective of the registry location in which the originating application was originally filed.

Hearings will continue to be listed in the appropriate Court location around the State as determined by the Court in accordance with that Rule.

If the parties or their solicitors are unable to attend hearings in person, application for approval to appear via audio/phone link will need to be made to the registry 72 hours in advance. Forms and costs of this service are available on the Magistrates Court website.

Circular to Practitioners 3/2005 is rescinded.

This Circular comes into effect on 1 August 2009.

Jim Connolly
Administrator of Courts
9 July 2009