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Supreme Court of Tasmania

Civil Litigants

Beginning an action

In civil litigation the parties are generally responsible for conducting the litigation. They do this by:

  • defining the issues;
  • gathering the evidence; and
  • finding the witnesses.

The process of bringing a civil action to trial in the Supreme Court of Tasmania is set out in Part 22 - Trials of the Supreme Court Rules 2000. Part 22 consists of the following Divisions:

  • Division 1 - Setting down for trial (rules 539-553)
  • Division 2 - Place and mode of trial (rules 554-563)
  • Division 3 - Special case (rules 564-567)
  • Division 4 - Trial (rules 569-573)
  • Division 5 - References out of Court (rules 574-582)
  • Division 6 - Assessment of damages or value (rules 583-587)

Court Etiquette

  • When you enter or leave a courtroom where the Judge or Master is hearing matters it is customary, out of respect, to bow slightly (as if nodding). You should also bow and remain standing when a Judge or Master enters or leaves the courtroom.

  • Address the Judge as "Your Honour", "Sir" or "Madam".

  • Address others only by their titles and surnames, including lawyers, witnesses and court staff.

  • Smoking, eating and drinking are not permitted in Court rooms. Smoking is not permitted in Court buildings.

  • Mobile phones must be switched off when in any Court room.

Court fees and percentages

Fees and percentages to be taken in all proceedings, including Probate actions.

Expenses of Execution

Costs of a writ of execution which may be directed to be levied.

Legal Advice

See the Legal Aid Commission web site for details of their services.