SCHEDULE 4 - Transitional prov SCHEDULE 4 - Transitional provisions

Rule 976

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) , 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 –