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.

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

Delegated powers of registrars

Civil Procedure Act 2005

Uniform Civil Procedure Rules 2005

Last updated: