SCHEDULE 4 - Transitional provSCHEDULE 4 - Transitional provisions

# SCHEDULE 4 - Transitional prov SCHEDULE 4 - Transitional provisions [Rule 976](#GS976@EN) > **1.   **Interpretation**** > > > In this Schedule – > > > > > ***commencement date*** means the date on which these rules take effect; > > > > > ***former rules*** means Part 1 of the *Rules of the Supreme Court 1965* and the *Civil Process Rules 1985*; > > > > > ***pending proceeding*** means a civil proceeding in the Court to which, immediately before the commencement date, the former rules applied. > **2.   **Application**** > > > > (1) Subject to [subclause (3)](#JS4@GC2@Gc3@EN) , these rules apply to a civil proceeding commenced in the Court on or after the commencement date. > > > > > (2) Subject to this Schedule, these rules apply, with any necessary modification, to a pending proceeding, and anything required or permitted to be done under these rules with respect to a proceeding commenced on or after the commencement date is required or permitted to be done in a pending proceeding. > > > > > (3) These rules do not apply to a civil proceeding commenced in the Court on or after the commencement date to which any other Part of the *Rules of the Supreme Court 1965* applies except as that Part provides. > > > > > (4) The repeal of the former rules does not affect anything done or omitted to be done in a pending proceeding before the commencement date and, except as provided in this Schedule, anything so done or omitted to be done before the commencement date is taken to have been done or omitted under these rules. > > > > > (5) Where the time for entering an appearance in any pending proceeding is limited by the originating process in the proceeding and before the commencement date any defendant or respondent had not entered an appearance in the proceeding, the time limited for the purpose of entering an appearance by that defendant or respondent under these rules is the time limited in the originating process. > > > > > (6) If before the commencement date, originating process issued in a pending proceeding for service on a defendant out of Tasmania had not been served on that defendant, the former rules continue to apply with respect to the service of the originating process on that defendant as if these rules had not been made and, in particular – > > > > > > > > (a) the Court may make an order authorising service of the originating process on that defendant; and > > > > > > > > > (b) nothing in these rules affects any order authorising such service made before the commencement date; and > > > > > > > > > (c) if the defendant is served out of Tasmania in accordance with an order of the Court, and does not enter an appearance within the time limited, the plaintiff is entitled to enter or apply for judgment, and [Part 11](#HP11@EN) applies, with any necessary modification, as if the proceeding had been commenced by writ after the commencement date and the writ served on the defendant within Tasmania. > > > > > (7) If originating process issued in a pending proceeding has not been served on a defendant or respondent who is out of Tasmania, the former rules continue to apply with respect to the service of the originating process on the defendant or respondent out of Tasmania as if these rules had not been made, and, in particular, concurrent originating process may, in accordance with Order 6 of the former rules, be issued for the purpose of such service. > > > > > (8) If an endorsement of claim on a writ in a pending proceeding did not stand in place of or otherwise constitute a statement of claim under the former rules, then, in respect of any defendant to whom the plaintiff had not delivered a statement of claim before the commencement date, the plaintiff is to deliver a statement of claim to that defendant – > > > > > > > > (a) if the defendant entered an appearance before the commencement date, within 21 days after the commencement date; or > > > > > > > > > (b) if the defendant enters an appearance after the commencement date, within 21 days after appearance. > > > > > (9) An endorsement of claim on a writ in a pending proceeding which stood in place of or otherwise constituted a statement of claim under the former rules is taken to be a statement of claim for the purpose of these rules. > **3.   **Jurisdiction not affected**** > > > Nothing in these rules limits the jurisdiction, power or authority which the Court had immediately before the commencement date. > **4.   **Proceeding in another court**** > > > > (1) Except as the Court otherwise orders these rules apply, with any necessary modification, to proceedings commenced in another court and remitted or transferred to or removed into the Court on or after the commencement date as if they were a proceeding commenced in the Court on the day they were remitted, transferred or removed. > > > > > (2) For the purpose of this Schedule, proceedings commenced in another court and remitted or transferred to or removed into the Court before the commencement date are taken to be a pending proceeding. > **5.   **Judgment in pending proceeding**** > > > > (1) In this clause references to a judgment entered or given include references to an order made. > > > > > (2) Except as provided in this clause, these rules apply to a judgment entered or given in a pending proceeding as if it had been entered or given in a proceeding commenced after the commencement date. > > > > > (3) A judgment entered or given in a pending proceeding before the commencement date may be enforced in accordance with these rules, but otherwise the judgment has the same force and effect as if these rules had not been made. > > > > > (4) Without limiting [subclause (3)](#JS4@GC5@Gc3@EN)  – > > > > > > > > (a) no appeal may be brought, application to set aside or vary made or other proceeding taken in respect of a judgment entered or given before the commencement date which could not have been brought, made or taken in respect of that judgment under the former rules immediately before the commencement date; and > > > > > > > > > (b) process commenced under the former rules to enforce a judgment entered or given before the commencement date may be continued or carried out and aided in accordance with those rules. > **6.   **Costs**** > > > > (1) The amount of costs for work done in a pending proceeding before the commencement date is to be determined in accordance with the former rules and the amount of costs for work done in the proceeding on or after that date is to be determined in accordance with these rules. > > > > > (2) For the purpose of this clause, work done in a pending proceeding on or after the commencement date in accordance with the former rules, so far as practicable, is to be taken to have been done in accordance with these rules.