Order (Form 9)

Rule 77 of the Magistrates Court (Civil Division) Rules 1998 (Tas) says a formal order of the Court is to be in an approved form, and Form 9 is that form. Not every order needs one: an order endorsed on an application has effect as a formal order (r 77(2)), and the terms of an order made on a party's application need not be drawn up unless the Court orders otherwise (r 77(3)). The Court may require a party to file a draft of any order it seeks (r 70(2)). A written order matters for enforcement: the Court may enter judgment against a party who fails or refuses to comply with an order, on proof that the terms were given to that party in writing and have not been complied with (r 79). Orders made by consent use the separate Consent Order form (Form 10) (r 78).

When you need it

• The Court has ordered that an order be drawn up, or has asked you to file a draft of the order you are seeking (r 70(2), r 77(3)).
• You need a formal written record of an order to give to the other party, for example so that rule 79 can be relied on if they do not comply.
• You need a copy of the orders to show a third party, such as a bank or employer.

1. 1

   Heading

   Enter the registry, its address, the action number and the claimant and defendant.

2. 2

   Order details

   Record the magistrate's name, the date of the order, where it was made, and the appearances (who appeared, in person or by lawyer).

3. 3

   Process upon which order made

   Identify what the order was made on, such as an application filed on a particular date or a directions hearing.

4. 4

   The orders

   Set out each order in numbered paragraphs, in the exact words the magistrate used. Do not add or paraphrase.

5. 5

   Date entered

   Leave the 'date entered' and registrar's signature for the registry.

• Lodge the draft at the registry where the proceeding is being conducted for the registrar to check and enter. Check with the registry whether it wants a draft from you or will prepare the order itself.
• Once entered, serve a copy on any party who has to do something under it. Rule 40(3) methods such as ordinary prepaid post to the address for service are available for documents other than an originating process, and service is proved by affidavit (r 43).
• Check the court's fees page for any fee for copies of records.

• Match the wording to the magistrate's orders exactly. If you are unsure, ask the registry; a clerical mistake in an order can be corrected by the Court, or by a registrar at the Court's direction or with everyone's consent (r 112(3)).
• Give each order its own number so it can be referred to and enforced separately.
• For an agreed order, use the Consent Order form (Form 10) instead. Some consent orders, such as adjourning a trial or changing a time limit, need the Court rather than a registrar (r 78(2)).