97Title and heading of causes and matters

### 97 Title and heading of causes and matters > > (1)  An originating process filed in the Court is to – > > > > > > (a) be titled – > > > > > > > > > > (i) if it is not a probate action, "In the Supreme Court of Tasmania"; or > > > > > > > > > > > (ii) if it is a probate action, "In the Supreme Court of Tasmania (Probate)"; and > > > > > > > (b) state below the title – > > > > > > > > > > (i) the words "Hobart Registry", if the proceeding is to be commenced in the Principal Registry; or > > > > > > > > > > > (ii) the name of the district followed by "Registry", if the proceeding is to be commenced in a district registry; and > > > > > > > (c) state the file number assigned to it in the registry. > > > (2)  If a proceeding is transferred from one registry to another registry – > > > > > > (a) the name of the registry to which it is transferred is to be substituted for the name of the registry from which it is transferred; and > > > > > > > (b) the file number of the proceeding assigned to it by the registry to which it is transferred is to be substituted for its former number. > > > (3)  In an action – > > > > > > (a) the person who commences the proceeding is to be called the plaintiff; and > > > > > > > (b) the person against whom the action is commenced is to be called the defendant; and > > > > > > > (c) after the title, the writ and any other process in the action is to be headed accordingly as being between the parties. > > > (4)  In an *inter partes* proceeding other than an action – > > > > > > (a) the person who commences the proceeding is to be called the applicant; and > > > > > > > (b) the person against whom the proceeding is commenced is to be called the respondent; and > > > > > > > (c) after the title, the originating application and any other process in the proceeding is to be headed accordingly as being between the parties. > > > (5)  In a proceeding which is not *inter partes* – > > > > > > (a) the person who commences the proceeding is to be called the applicant; and > > > > > > > (b) after the title, the originating application and any other process in the proceeding is to be headed "In the Matter of" followed by a reference to the statutory provision, if any, under which the applicant's claim arises and, if appropriate, "In the Matter of" followed by a short description of the estate, will, settlement, deed, instrument or thing or the name of the person to which or to whom the application relates.