Local Court

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

Column 1
Section
Column 2
Description
Column 3
Restriction
Section 14Dispense with rules in particular casesRestricted to those matters which a Registrar may deal with
Section 38Referral 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) andDirections as to practice and procedureCourts where the Registrar is Graded 7/8 and above
Section 64Amendment of DocumentsRestricted to Registrars at Local Courts where the Registrar is Graded 7/8 and above or Registrar by consent
Section 66(1)Adjournment 
Section 67Stay of ProceedingsSubject to stay subsisting only pending hearing by court set down for first available day
Section 68Attendance 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
Civil Procedure Rules 2005                

Column 1 Section
Column 2
Description
Column 3
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 dispatch.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

 

 

 

 



 
 

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