Notice of submission (Rule 626(4)) (Form 44)

In proceedings for relief similar to certiorari, mandamus or prohibition under Part 26 of the Supreme Court Rules 2000 (Tas), an authority or person served with a general order to show cause may file and serve on the prosecutor a notice of submission (r 626(3)), in the prescribed form (r 626(4)), which is Form 44. Filing it operates as a submission to any order the Court or a judge makes on the return of the general order, including an order as to costs, without the authority or person being heard (r 626(7)).

When you need it

• You have been served with a general order to show cause, do not intend to oppose it, and will abide by the Court's order.
• If you want to be heard, file a notice of intention to appear (Form 43) instead.

1. 1

   Heading

   Copy the registry, file number and title from the general order.

2. 2

   Person giving notice

   Insert the name and address of the authority or person submitting.

3. 3

   Address for service

   Specify an address for service of documents (r 626(5)).

4. 4

   Date, sign and address

   Date and sign it as the person or their practitioner, and address it to the Registrar (naming the registry) and to the prosecutor or the prosecutor's practitioner.

• File the notice at the registry and serve it on the prosecutor (r 626(3)).
• Filing is proof that the general order was served on you (r 626(6)).
• The general order must have been served on you at least 14 days before it is returnable (r 625(1)). File your notice before the return date.

• A submission extends to costs (r 626(7)). If you want to argue about costs, file a notice of intention to appear instead.
• Before finally deciding the order, the Court may relieve a person of the consequences of filing a notice of submission, on terms (r 626(8)).