Delegated powers of registrars

Direction from Chief Magistrate Judge Henson 2016

The function of the court to waive, postpone and remit fees as referred to in clause 17(3) of the Criminal Procedure Regulations 2005.

Under s 13 of the Civil Procedure Act 2005, I direct that a Registrar of the Local Court** may exercise the powers of a Court conferred by the legislation listed in column 1 and described in column 2, but subject to any restrictions listed in column 3.

I further direct that a Registrar of the Local Court may exercise the powers of the Court conferred by the Civil Procedure Act 2005 and Uniform Civil Procedure Rules 2005 in respect of civil proceedings where the exercise of that power by the Registrar is done with the consent of the parties to the proceedings.

The function of the court to waive, postpone and remit fees as referred to in clause 11 of the Civil Procedure Regulations 2005.

Judge Henson
Chief Magistrate
17 August 2016

Note - see s 19(3) Local Court Act 2007 relating to power of Deputy Registrars to perform functions of Registrars.

Part 1
Civil Procedure Act 2005

Under s 13 of the Civil Procedure Act 2005, I direct that a Registrar of the Local Court** may exercise the powers of a Court conferred by the legislation listed in column 1 and described in column 2, but subject to any restrictions listed in column 3.

I further direct that a Registrar of the Local Court may exercise the powers of the Court conferred by the Civil Procedure Act 2005 and Uniform Civil Procedure Rules 2005 in respect of civil proceedings where the exercise of that power by the Registrar is done with the consent of the parties to the proceedings.

The function of the court to waive, postpone and remit fees as referred to in clause 11 of the Civil Procedure Regulations 2005.

Judge Henson
Chief Magistrate
17 August 2016

Note - see s 19(3) Local Court Act 2007 relating to power of Deputy Registrars to perform functions of Registrars.

The function of the court to waive, postpone and remit fees as referred to in clause 17(3) of the Criminal Procedure Regulations 2005.

Part 1.

Civil Procedure Act 2005

Description

Restriction

Section 14

Dispense with rules in particular cases

Restricted to those matters which a Registrar may deal with

Section 38

Referral to arbitration

Revoking a referral to arbitration

Restricted to Registrars at Local Court where the Registrar is Graded 7/8 and above

Section 43(1)

Order for Rehearing before award takes effect as judgment

Section 61(1),(2)

Directions as to practice and procedure

Courts where the Registrar is Graded 7/8 and above

Section 64

Amendment of Documents

Restricted to Registrars at Local Courts where the Registrar is Graded 7/8 and above or Registrar by consent

Section 66(1)

Adjournment

Section 67

Stay of Proceedings

Subject to stay subsisting only pending hearing by court set down for first available day

Section 68

Attendance and production

Section 98

Costs

On default judgment, motions adjournments, enforcement of judgments and orders, case management and interlocutory matters

Section 100

Interest up to judgment

In respect of a judgment given or entered under Part 16 of the rules

Section 101

Interest after judgment

In respect of a judgment given or entered under Part 16 of the rules

Section 108

Order for examination of judgment debtor

Part 2.

Uniform Civil Procedure Rules 2005

 

Description

Restriction

Rule 1.12

Extension and abridgment of time

Restricted to Registrars at Local Courts where the Registrar is Graded 7/8 and above

Rule 1.13

Fixing Time

Restricted to Registrars at Local Courts where the Registrar is Graded 7/8 and above

Part 2

Case management generally

Restricted to Call-over and Pre-Trial Review

Rule 3.3

Registration of user of Electronic Case Management system

Rule 4.10

Filing Generally

Restricted to the filing of a defence where a judgment has been entered against the defendant seeking to file the defence

Rule 6.16

Alter return day in summons

Rule 7.3

Leave to an unrepresented litigant to issue subpoena

Rule 10.14

Substituted and informal service

Restricted to Registrars at Local Courts where the Registrar is Graded 7/8 and above

Rule 12.2

Leave to discontinue

Restricted to where statement of claim not served

Rule 12.7

Dismiss proceedings and/or strike out defence for want of due despatch

Restricted to Registrars at Local Courts where the Registrar is Graded 7/8 and above

Rule 12.9

Dismiss where inactive for 9 months

Part 15.10

Particulars

Restricted to Registrars at Local Court where the Registrar is Graded 7/8 and above

Rule 16.9

Judgment for costs alone

Part 16

Default Judgment

Except for Rule 16.4 and Rule 16.10

Rule 18.2

Motions - requirement for notice

All Registrars in relation to an urgent stay of proceedings and Restricted to Registrars at Local Courts where the Registrar is Graded 7/8 and above in relation to substituted service

Rule 18.4

Time for service of Notice of Motion

Rule 28.5

Consolidation of Proceedings

Restricted to Registrars at Local Courts where the Registrar is Graded 7/8 and above

Rule 31.4(1)

Directing party furnish witness statement

Rule 31.19

Parties to seek direction before calling expert witnesses

Restricted to Registrars at Local Courts where the Registrar is graded 7/8 and above

Rule 33.2

Issuing a subpoena

Registrar

Rule 33.4

Setting aside a subpoena

Restricted to Registrars at Local Courts where the Registrar is graded 7/8 and above

Rule 36.16(2)

Setting aside default judgment

Restricted to Registrars at Local Courts where the Registrar is graded 7/8 and above

Rule 36.17

"Slip Rule"

Restricted to judgments entered by default

Rule 37.4

Objections to instalment order

Restricted to Registrars at Local Courts where the Registrar is graded 7/8 and above

Rule 38.3-38.4

Examination Order and Venue for Examination

Rule 38.5

Examination

Rule 38.6

Arrest Warrant

Part 39.2

Application for Writ

Part 39.34

Application Garnishee Order

Part 39.38

Refusal to make Garnishee Order

Rules 42.1-42.4

Order for costs

Restricted to matters that may be dealt with by Registrars

Last updated:

17 Mar 2020

We acknowledge the traditional owners and custodians of the land on which we work and we pay respect to the Elders, past, present and future.
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