{"id":"tas:sr-2004-117","name":"Justices (Review) Rules 2004","slug":"justices-review-rules-2004","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"117 of 2004","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":318034,"registerId":"tas-tas:sr-2004-117-current","compilationNumber":null,"startDate":"2026-04-08","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> These rules may be cited as the [Justices (Review) Rules 2004](/view/html/inforce/2026-04-12/sr-2004-117) .","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> These rules take effect on the day on which their making is notified in the *Gazette*.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> In these rules –\n> \n> > ***Act*** means the [Justices Act 1959](/view/html/inforce/2026-04-12/act-1959-077) ;\n> \n> > [*\\[Rule 3 Amended by S.R. 2008, No. 114, Applied:24 Sep 2008\\]*](/view/html/inforce/2008-09-24/sr-2008-114#GS4@Hpa@EN) ***correctional officer*** has the same meaning as in the [Corrections Act 1997](/view/html/inforce/2026-04-12/act-1997-051) ;\n> \n> > [*\\[Rule 3 Amended by S.R. 2008, No. 114, Applied:24 Sep 2008\\]*](/view/html/inforce/2008-09-24/sr-2008-114#GS4@Hpb@EN) ***Registrar*** means the Registrar of the Supreme Court.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Application of rules","content":"### 4 Application of rules\n\n> These rules apply to all proceedings in the Supreme Court under Part XI of the Act.","sortOrder":4},{"sectionNumber":"Part 2","sectionType":"part","heading":"Proceedings at first instance","content":"# Part 2 Proceedings at first instance","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Legal practitioner on record","content":"### 5 Legal practitioner on record\n\n> A legal practitioner is taken to be the legal practitioner on the record for a party if –\n> \n> > > (a) it appears from the notice to review, notice of appeal, case stated or application for a rule or order to show cause, by note endorsed or otherwise, that he or she is the party's legal practitioner; or\n> > \n> > > (b) he or she files a notice that he or she is acting for the party.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Notice to review","content":"### 6 Notice to review\n\n> > (1)  [*\\[Rule 6 Subrule (1) substituted by S.R. 2021, No. 135, Applied:29 Dec 2021\\]*](/view/html/inforce/2021-12-29/sr-2021-135#GS4@EN) A notice to review is to be made returnable on a Wednesday in a sittings to be held at the place nearest to the court from which the appeal is brought.\n> \n> > (2)  The Registrar may, on receipt of a memorandum signed by both parties agreeing to a change in the place at which a notice to review is returnable, change the place to accord with the place specified in the memorandum.\n> \n> > (3)  On the application of a person who has filed or been served with a notice to review, a judge may –\n> > \n> > > > (a) fix an earlier return day; or\n> > > \n> > > > (b) change the place at which the notice is returnable.\n> \n> > (4)  A judge may make an order under [subrule (3)](#GS6@Gs3@EN) on such terms as to costs or otherwise as he or she thinks fit.","sortOrder":7},{"sectionNumber":"6A","sectionType":"section","heading":"Application for consent order","content":"### 6A Application for consent order\n\n> [*\\[Rule 6A Inserted by S.R. 2008, No. 114, Applied:24 Sep 2008\\]*](/view/html/inforce/2008-09-24/sr-2008-114#GS5@EN)\n> \n> > (1)  The parties to proceedings or their legal practitioners may apply jointly for the making of a consent order in those proceedings, other than an order agreeing to allow or uphold a motion to review.\n> \n> > (2)  An application for a consent order is to be –\n> > \n> > > > (a) made by memorandum to the Registrar; and\n> > > \n> > > > (b) signed by the parties or their legal practitioners; and\n> > > \n> > > > (c) supported by affidavit, if required.\n> \n> > (3)  A judge in chambers may make an order on a memorandum without the attendance of the parties.","sortOrder":8},{"sectionNumber":"6B","sectionType":"section","heading":"Notice to review not abandoned until dismissed","content":"### 6B Notice to review not abandoned until dismissed\n\n> [*\\[Rule 6B Inserted by S.R. 2008, No. 114, Applied:24 Sep 2008\\]*](/view/html/inforce/2008-09-24/sr-2008-114#GS5@EN)\n> \n> > (1)  An applicant who does not prosecute a notice to review is not taken to have abandoned the notice to review until that applicant has –\n> > \n> > > > (a) filed a notice of discontinuance with the Registrar; and\n> > > \n> > > > (b) served the notice of discontinuance on any other parties to the notice to review.\n> \n> > (2)  A notice of discontinuance is to be in accordance with the appropriate form prescribed in the [Supreme Court Forms Rules 2000](/view/html/inforce/2026-04-12/sr-2000-026) .\n> \n> > (3)  On the filing and service of a notice of discontinuance under [subrule (1)](#GS6B@Gs1@EN) , the notice to review is taken to be dismissed with costs.","sortOrder":9},{"sectionNumber":"Part 3","sectionType":"part","heading":"Points, &c., reserved","content":"# Part 3 Points, &c., reserved","sortOrder":10},{"sectionNumber":"7","sectionType":"section","heading":"Supreme Court Rules apply","content":"### 7 Supreme Court Rules apply\n\n> Rule 700 of the *Supreme Court Rules 2000* applies if the Court, on the hearing of a notice to review, appeal or case stated –\n> \n> > > (a) reserves the motion or case, or a point arising therein or a point of law arising, in an appeal for the Full Court; or\n> > \n> > > (b) directs the motion or case or any such point to be argued in the Full Court.","sortOrder":11},{"sectionNumber":"8","sectionType":"section","heading":"Appeal under section 123 of Act","content":"### 8 Appeal under section 123 of Act\n\n> Subject to section 123 of the Act, the provisions of Division 1 of Part 27 of the *Supreme Court Rules 2000* apply to an appeal to the Full Court under that section.","sortOrder":12},{"sectionNumber":"Part 4","sectionType":"part","heading":"Proceedings under Part XI of Act","content":"# Part 4 Proceedings under Part XI of Act","sortOrder":13},{"sectionNumber":"9","sectionType":"section","heading":"Interpretation","content":"### 9 Interpretation\n\n> In this Part –\n> \n> > ***any proceedings*** means any proceedings undertaken in the Supreme Court under Part XI of the Act.","sortOrder":14},{"sectionNumber":"10","sectionType":"section","heading":"Registrar to notify result of proceedings","content":"### 10 Registrar to notify result of proceedings\n\n> As soon as practical after the conclusion of any proceedings, the Registrar is to notify the appropriate clerk of petty sessions in writing of the results of those proceedings.","sortOrder":15},{"sectionNumber":"11","sectionType":"section","heading":"Certificate for the gaoler","content":"### 11 Certificate for the gaoler\n\n> If a party to any proceedings is in gaol and the Supreme Court makes an order in relation to those proceedings, the judge's associate, as soon as practicable after the order is made, is to –\n> \n> > > (a) complete and sign two copies of the certificate for the gaoler set out in [Schedule 1](#JS1@EN) to these rules; and\n> > \n> > > (b) hand the original certificate to the correctional officer or police officer who has accompanied the party to the Court; and\n> > \n> > > (c) return the duplicate of the certificate and the Court file to the office of the Registrar.","sortOrder":16},{"sectionNumber":"Part 5","sectionType":"part","heading":"Miscellaneous","content":"# Part 5 Miscellaneous","sortOrder":17},{"sectionNumber":"12","sectionType":"section","heading":"Fees","content":"### 12 Fees\n\n> > (1)  Subject to [subrules (3)](#GS12@Gs3@EN) and [(4)](#GS12@Gs4@EN) , the fee payable in respect of a matter under these rules is the fee payable in respect of a similar matter under the *Supreme Court Civil Procedure Act 1932*.\n> \n> > (2)  A fee payable under these rules is to be paid to –\n> > \n> > > > (a) an officer of the Supreme Court; or\n> > > \n> > > > (b) a clerk of the court of petty sessions.\n> \n> > (3)  If a question arises as to the fees that are applicable in a particular case, the Registrar is to determine the question.\n> \n> > (4)  A person who is affected by a determination of the Registrar under [subrule (3)](#GS12@Gs3@EN) may have the determination reviewed by a judge in a summary manner.\n> \n> > (5)  The Registrar may reduce, remit or postpone a fee in a particular case if it appears to the Registrar that the payment of the fee would, owing to the exceptional circumstances of the particular case, involve undue hardship.","sortOrder":18},{"sectionNumber":"13","sectionType":"section","heading":"Costs","content":"### 13 Costs\n\n> > (1)  Unless a judge for special reasons otherwise orders, costs to be allowed on taxation are to be in accordance with the scale set forth in Schedule 1 to the *Supreme Court Rules 2000*.\n> \n> > (2)  The rules contained in Division 3 of Part 34 of the *Supreme Court Rules 2000* apply, with the necessary modifications, to and in respect of the taxation of costs.","sortOrder":19},{"sectionNumber":"14","sectionType":"section","heading":"Rescission","content":"### 14 Rescission\n\n> The [Justice (Control of the Supreme Court) Rules 1965](/view/html/inforce/2026-04-12/sr-1966-008) are rescinded.","sortOrder":20},{"sectionNumber":"SCHEDULE 1 - Certificate for t","sectionType":"part","heading":"SCHEDULE 1 - Certificate for the Gaoler","content":"# SCHEDULE 1 - Certificate for t SCHEDULE 1 - Certificate for the Gaoler\n\n[Rule 11](#GS11@EN)\n\n[![graphic image](/image/jrrr2004.gif)](/image/jrrr2004.gif)\n\nW. J. E. COX\n\nChief Justice\n\nP. G. UNDERWOOD\n\nPuisne Judge\n\nE. C. CRAWFORD\n\nPuisne Judge\n\nP. W. SLICER\n\nPuisne Judge\n\nP. E. EVANS\n\nPuisne Judge\n\nA. M. BLOW\n\nPuisne Judge\n\nCountersigned,\n\nI. G. RITCHARD\n\nRegistrar\n\nDisplayed and numbered in accordance with the *[Rules Publication Act 1953](/view/html/inforce/current/act-1953-050)*.\n\nNotified in the *Gazette* on 15 December 2004\n\nThese rules are administered in the Department of Justice.","sortOrder":21}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose: procedural rules for Supreme Court review of magistrates' court decisions under Part XI of the Justices Act 1959. The amendments since 2004 (2008 and 2021) have added specific procedural mechanisms (consent orders, abandonment procedures, correctional officer definitions) but have not expanded the scope beyond review proceedings. The rules remain a narrow procedural instrument."},"complexity_factors":["Short length (14 rules plus Schedule)","Only 3 defined terms in the main interpretation section (Act, correctional officer, Registrar), plus 1 in Part 4 (any proceedings)","Heavy reliance on external references – incorporates by reference the Supreme Court Rules 2000, Supreme Court Civil Procedure Act 1932, and Supreme Court Forms Rules 2000","Simple procedural structure with minimal conditional logic (mostly 'if X then Y' without nested exceptions)","Straightforward administrative provisions without substantive legal tests or discretionary powers beyond standard judicial discretion"],"plain_english_summary":"**What this legislation does:**\n\nThese rules set out the procedures for reviewing decisions made by Justices of the Peace (magistrates) in Tasmania's lower courts. They govern how appeals and reviews move from the Magistrates Court (called \"court of petty sessions\" in the legislation) up to the Supreme Court.\n\n**Who it affects:**\n\n- **People appealing magistrates' decisions** – anyone who wants to challenge a decision made by a Justice of the Peace\n- **Lawyers** – rules about how they formally register as representing a party\n- **Prisoners** – special procedures for when someone in gaol (jail) is a party to proceedings\n- **Court staff** – the Registrar and judges' associates have specific administrative duties\n\n**Key things the rules cover:**\n\n- **Timing and location**: Appeals (called \"notices to review\") must be heard on Wednesdays at the Supreme Court location nearest to the original court\n- **How to stop an appeal**: You can't just abandon an appeal by doing nothing – you must formally file a \"notice of discontinuance\" and serve it on the other party\n- **Consent orders**: Parties can agree on certain orders without a full hearing by submitting a signed memorandum to the Registrar\n- **Prisoners**: When someone in custody wins or loses a case, the court must issue a formal \"certificate for the gaoler\" (a document telling prison officials what to do with the prisoner)\n- **Fees and costs**: Appeals cost money, with fees based on Supreme Court rates, though the Registrar can reduce fees if paying would cause \"undue hardship\"\n\n**Why it matters:**\n\nThese rules ensure there's a fair, predictable process for challenging decisions made in lower courts. Without them, people wouldn't know how to appeal, when to show up, or what paperwork to file. The rules also ensure prisoners aren't left in legal limbo – the gaoler's certificate makes sure prison officials know whether to release, keep, or transfer someone based on the court's decision."},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available information, the rules appear to have remained focused on their original purpose — providing procedural guidance for reviews of justices' decisions in Tasmania. Amendments since 2004 likely reflect minor updates to forms, timeframes, or terminology rather than any fundamental expansion or contraction of scope."},"complexity_factors":["Procedural/rules-based instrument rather than substantive law — generally more straightforward","Limited legislative text was provided, making full analysis difficult","Tasmanian-specific jurisdiction adds a layer of local context required to fully interpret the rules","Interaction with the parent Act (Justices Act) means users need to cross-reference other legislation to fully understand their rights","Multiple amendments since 2004 may create inconsistencies or require readers to track changes over time"],"plain_english_summary":"These rules set the procedural framework for seeking a higher‑court review of decisions by Justices of the Peace or magistrates in Tasmania. They tell affected litigants, lawyers and courts how to lodge reviews, what forms and steps to follow, and the deadlines to meet — procedural essentials that can determine whether a challenge proceeds. Current as of late 2021; amended Feb 2025."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The rules operate within the existing jurisdictional scope—applying to all Supreme Court proceedings under Part XI of the Justices Act 1959. They replace earlier 1965 rules and mainly update procedural mechanisms (listing, consent orders, notifications, fees and documentation) rather than altering substantive court jurisdiction."},"complexity_factors":["Cross-references to multiple external instruments (Justices Act 1959; Supreme Court Rules 2000; Supreme Court Civil Procedure Act 1932; Supreme Court Forms Rules 2000)","Discretion granted to court officers and judges (Registrar can determine applicable fees and remit/postpone fees; judge may fix return days, change places and set costs)","Several procedural pathways (notice to review listing, consent orders, discontinuance rules, reserved points to Full Court)","Specific administrative requirements for detained parties (gaoler's certificate, handling by judge's associate and correctional officers)","Interaction with form and taxation regimes (prescribed forms, costs scale and taxation references)"],"plain_english_summary":"These rules set procedural steps for Supreme Court proceedings under Part XI of the Justices Act 1959. They fix how notices to review are listed, allow joint consent orders, require the Registrar to notify lower courts and provide a gaoler's certificate for jailed parties, and set fee, cost and taxation rules including Registrar discretion to determine or reduce fees."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/justices-review-rules-2004","history":"/api/acts/justices-review-rules-2004/history","analysis":"/api/acts/justices-review-rules-2004/analysis","conflicts":"/api/acts/justices-review-rules-2004/conflicts","importantCases":"/api/acts/justices-review-rules-2004/important-cases","documents":"/api/acts/justices-review-rules-2004/documents"}}