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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.
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 |
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.
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 |
04 Sep 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.