No 1 of 2004 - Applications and Proceedings under the
Relationships Act 2003
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 Relationships Act 2003.
Applications and proceedings pursuant to the Relationships Act 2003 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 Relationships Act 2003.
The Schedule
Interpretation
1. In these Rules ‘Act’ means the Relationships Act 2003.
Application of the Magistrates Court (Civil Division) Rules 1998
Subject to these Rules, the Magistrates Court (Civil Division) Rules 1998 apply, with necessary adaptations, to proceedings in the Magistrates Court of Tasmania under the Act.
Directions as to practice and procedure
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 36 of the Act
4. (1) This Rule applies to an application under section 36 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 sitting in Chambers;
(b) join as a respondent the partner of the applicant;
(c) 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 37, 38, 40, 47 and 48 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.
(5) A person who wishes to object to the orders sought must within 21 days after service of the application on him or her, or such other time as a magistrate may order, file and serve an affidavit in the form of Reply to Originating Application (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 sitting in Chambers;
(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.
Written Applications under section 56 of the Act for ex parte order
6. (1) This Rule applies to a written application under sections 56 of 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) with such necessary adaptations as the circumstances require to a magistrate sitting in Chambers;(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.
Form 1 - Originating Application Form 2 - Reply Form 3 - Application in Pending Proceeding