Writ (Form 2)

Rule 88 of the Supreme Court Rules 2000 (Tas) lists the proceedings that must be started by writ, including claims for a debt, damages, recovery of land, return of goods, enforcement of a contract and an injunction that is not ancillary to an application. Rule 104 requires the writ to be in the prescribed form, which is Form 2 in the Supreme Court Forms Rules 2000. A writ is issued when it is filed and sealed (r 105) and an original writ issued on or after 1 May 2006 is in force for 6 months from its date of issue (r 107(1)). Before it is issued it must be endorsed with the claim as rules 108 to 116 require.

When you need it

• You are starting a claim for a debt, damages, recovery of land, return of goods or another proceeding in the rule 88 list.
• Use an originating application (Form 3, 4 or 5) instead for the proceedings rules 89 and 90 say start by application, such as trust, estate and construction questions.
• Where one proceeding claims several kinds of relief, rule 92 decides whether it starts by writ or by application.

1. 1

   Heading

   Title it "In the Supreme Court of Tasmania", delete the registries that do not apply, and leave the file number for the registry. Name the plaintiff and the defendant (r 97).

2. 2

   Defendant's name and address

   Insert the name and address of each defendant, or state that the address is not known (r 100). If a party sues or is sued in a representative capacity, say so (r 111).

3. 3

   Endorsement of claim

   For a debt or liquidated demand, state the amount claimed, brief particulars and the costs, and keep the paragraph saying the action ends if that sum is paid within the time for appearance (r 108(1)(a)). For any other claim, endorse a statement of claim or a concise statement of the nature of the claim and the relief sought (r 108(1)(b)).

4. 4

   Special endorsements

   State the capital value of land claimed (r 112), the value of goods in a detinue claim (r 113), that an account is wanted (r 114) and particulars of each publication in a defamation claim (r 115). An amount of unliquidated damages is stated only if it does not exceed $50 000 (r 116).

5. 5

   Costs and days for appearance

   Costs claimed on a liquidated demand follow the Table in Part 3 of Schedule 1 (r 108(2)); the court publishes the current figures on its Costs Endorsed page. Insert 7 days for appearance if the writ will be served in Tasmania (r 98), or 21 days for service elsewhere in Australia (r 99(a)).

6. 6

   Signature, addresses and footer

   Sign as the plaintiff's practitioner or the plaintiff in person, and give the plaintiff's address and an address for service (r 101, r 128). Complete the footer at the foot of the first page with the filing party's details (r 79).

• Lodge the writ at a registry, send it by prepaid post, or email it if you are approved by the Principal Registrar to lodge by email (r 83, r 87A). Bring copies for sealing.
• A filing fee applies on commencing a proceeding, scaled by whether the plaintiff is an individual or a small, medium or large corporation. Check the court's current filing fees page.
• Serve a sealed copy personally on each defendant (r 133), or on a practitioner who undertakes in writing to accept service (r 134). Rule 137 says who can be served for a corporation.
• A writ may be served in another State under the Service and Execution of Process Act 1992 (Cth) s 15. Service there is effective only if the prescribed notices are attached (s 16).

• Serve within the writ's life. If a defendant has not been served, apply to renew the writ while it is still in force (r 107(2)).
• If different defendants need different appearance periods, ask for concurrent writs (r 102).
• A defendant can apply to set aside a writ whose endorsement does not give enough notice of the claim and relief (r 109), so make the endorsement specific.