Supreme Court Civil Action (Plaintiff) - TAS - Supreme Court Civil Action

Should a claim of $50,000 or less be issued in the Supreme Court of Tasmania?: Usually not. The Magistrates Court civil jurisdiction extends to the prescribed amount of $50,000 (ss 3 and 7 of the Magistrates Court (Civil Division) Act 1992). Where an action that could properly have been brought in an inferior court is brought in the Supreme Court, s 13 of the Supreme Court Civil Procedure Act 1932 leaves it to the Court whether to allow the plaintiff its costs and on which scale. In an action only for money, land or a chattel worth no more than $50,000, a practitioner may charge only the Part 2 scale in Schedule 1 of the Rules (r 837(4)), and either party may apply to transfer a contract or tort claim of $50,000 or less to an inferior court (s 28(1)).

Jurisdiction: Tasmania, Australia. The Supreme Court of Tasmania in its original civil jurisdiction, with registries at Hobart, Launceston and Burnie. The Court's jurisdiction page says that although it has jurisdiction in all civil matters it normally deals only with disputes over more than $50,000, usually tried by a judge alone. This plan covers actions commenced by writ under r 88 other than actions for damages for personal injury, which are excluded from the Court's case management practice direction and generally follow the compulsory conference and certificate of readiness procedure in Division 1 of Part 22 instead.

The Process at a Glance: After confirming the forum, the limitation period and the interest claim, the plaintiff's practitioner issues a writ in the prescribed form (Form 2) endorsed with the claim and serves it personally while it is in force. A defendant who does not appear in time, or who appears but does not deliver a defence within 21 days, is exposed to default judgment. If the action is defended, the Principal Registrar lists a directions hearing before a judge, and the parties exchange lists of documents, issue subpoenas and serve expert reports to the timetable the judge sets. Offers of compromise, payments into court and court mediation give early exits, and a settlement is recorded by consent judgment or a notice of discontinuance or finalisation. Otherwise the judge orders the action set down for trial. Once judgment is entered, the plaintiff taxes its costs and enforces by writ of fieri facias, garnishee orders over debts or earnings, examination of the judgment debtor, or writs of possession or delivery.

Key Legislation: Supreme Court Rules 2000 (Tas) - r 5A (interest rates), rr 47 to 56 (time and delay), rr 88 and 104 to 117 (writs and endorsements), rr 127 to 146B (practitioners and service), rr 147 to 153 and Part 38A (service outside Australia), rr 154 to 168 (appearance), rr 192 to 212 (counterclaims and third parties), rr 226 to 267 (pleadings), Parts 8 and 9 (payment into court and offers of compromise), Part 11 (default and summary judgment), Part 12 (discontinuance), Part 13 (discovery and admissions), Part 14 (case management), Part 19 Divisions 3 and 5 (subpoenas and expert evidence), Part 20 (mediation), Part 21 (interlocutory applications), Part 33 (entry of judgment), Part 34 (security for costs and taxation) and Part 35 (enforcement). Supreme Court Civil Procedure Act 1932 (Tas) - s 13 (costs where an inferior court could have heard the action), s 28 (transfer to an inferior court), ss 34 and 35A (pre-judgment interest) and s 165 (interest on judgments). Limitation Act 1974 (Tas) - ss 4, 5A and 10 (limitation periods), ss 29 and 30 (acknowledgement and part payment) and s 32 (fraud and mistake). Magistrates Court (Civil Division) Act 1992 (Tas) - ss 3 and 7 (the $50,000 limit). Supreme Court of Tasmania Practice Direction No 1 of 2015 - Case Management.

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