Practice Direction

No.1 of 2002

Applications and Proceedings under the 

Magistrates Court (Administrative Appeals Division) Act 2001

 

Applications and Proceedings under the Magistrates Court (Administrative Appeals Division) Act 2001

I, Arnold George Shott, Chief Magistrate of Tasmania, make and publish the following Practice Direction with regard to the practice and procedure of the Magistrates Court of Tasmania in the exercise of its jurisdiction pursuant to the Magistrates Court (Administrative Appeals Division) Act 2001

Applications and proceedings pursuant to the Magistrates Court (Administrative Appeals Division) Act 2001 in the Magistrates Court of Tasmania shall be committed to the Court’s Civil Division Registry.

The Rules set out in the Schedule hereto shall regulate the practice and procedure of the Court in the exercise of its jurisdiction pursuant to the Magistrates Court (Administrative Appeals Division) Act 2001

Arnold Shott
CHIEF MAGISTRATE
1 July 2002

The Schedule

Interpretation

1. In these Rules ‘Act’ means the Magistrates Court (Administrative Appeals Division) Act 2001.

Application of the Magistrates Court (Civil Division) Rules 1998

2. Subject to these Rules, the Magistrates Court (Civil Division) Rules 1998 apply, with necessary adaptations, apply to proceedings in the Magistrates Court of Tasmania under the Act.

Directions as to practice and procedure

3. If the manner or form of making an application or doing any other thing is not prescribed by these Rules or any Act, the Court on the application of a party may give directions as to the procedural steps to be taken.

Applications under section 15(1) or (2), section 16(1) or (2), section 17, section 20 or section 23 of the Act

4. (1) This Rule applies to an application under sections 15(1), 15(2), 16(1), 16(2), 17, 20, or 23 of the Act.

(2) An application to which this Rule applies is to:

(a) be made by Originating Application (Form No 1) to a Magistrate;

(b) set out the how the applicant is an interested person with regard to section 3(1) of the Act;

(c) join as a respondent the decision-maker, or identify the position title of the decision maker and their Organization with regard to section 5 of the Act;

(d) identify the "relevant enactment", and the Section, Rule, Regulation or other part, which required a decision to be made;

(e) set out the terms of the orders sought.

(3) An application to which this Rule applies is to be supported by an affidavit of the applicant stating:

(a) the applicant's full name, place of residence, and occupation;

(b) the facts and circumstances supporting the orders sought having regard to the matters referred to in sections 4, 12, 13, and 14 of the Act as the circumstances of the case reasonably require.

(4) Unless a Magistrate otherwise orders, an application to which this rule applies is to be served personally on the respondent, or if this is not possible then service may be effected pursuant to Division 6 of the Magistrates Court (Civil Division) Rules 1998, and supported by an affidavit stating how and why the document was served in such a manner.

(5) A person who wishes to object to the orders sought must within 28 days after service of the application on him or her, or such other time as prescribed in the relevant enactment, or such other time as a Magistrate may order pursuant to section 19 of the Act, file and serve an affidavit in the form of Reply (Form No 2) stating the reasons for the objection and the facts upon which they are based and the terms of any orders sought.

Applications in pending proceedings

5. (1) This Rule applies to an application in pending proceedings under the Act.

(2) An application to which this Rule applies is to:

(a) be made by application in the form Application in Pending Proceedings (Form No 3) to a Magistrate;

(b) set out the terms of the orders sought;

(3) An application to which this Rule applies is to be supported by an affidavit of the applicant stating:

(a) the applicant's full name, place of residence and occupation;

(b) the facts and circumstances supporting the orders sought.

(4) Unless a Magistrate otherwise orders, an application to which this rule applies is to be served personally on the respondent to that application.

(5) A person who wishes to object to the orders sought must, if so ordered by a Magistrate, file and serve a Reply setting out the matters so ordered within the time specified.

Form 1 - Originating Application