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Delegation to Chief Clerks under the Civil Procedure Act 2005
Civil Procedure Act 2005
Pursuant to section 13 of the Civil Procedure Act 2005, I direct that a chief clerk of the Court (including a person acting as a chief clerk) may exercise the functions of the Court as stated in Parts 1 and 2 of the schedule to this direction.
Dated: 4 October 2007
J J Spigelman AC
Chief Justice of New South Wales
Schedule.
Part 1.
The functions of the Court as provided for in Column 1 but subject to the restriction (if any) mentioned in Column 3.
The matter in column 2 is inserted for convenience of reference only and does not affect the operation of the direction.
| Column 1 | Column 2 | Column 3 |
| Section | Description | Restriction |
Civil Procedure Act 2005
| Rule | Description | Restriction |
| Section 98 | Costs | In respect of a judgment given by default under Part 16 of the Rules |
| Section 100 | Interest up to Judgment | In respect of a judgment given by default under Part 16 of the Rules |
Civil Procedure Rules
| Rule | Description | Restriction |
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| Default judgment | Restricted to the following—
a) judgment for possession of land under UCPR 16.4
b) judgment for a liquidated demand under UCPR 16.6.
c) judgment for a mixed claim under UCPR 16.8 but only if the claims are for possession of land and a liquidated demand.
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| Filing of certificates |  |
| Rule 36.11 | Entry of judgment and orders | Unless the Court directs entry to be effected in a specified manner. |
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| Writ of possession | In respect of a judgment given by default under Part 16 of the Rules |
Part 2.
1. Certifying a copy of a judgment, order or document to be a true copy, sealing a judgment or order that has been given or entered in proceedings, or sealing and signing a document that accurately sets out the terms of the judgment or order given or entered in proceedings where the registrar, or other proper officer of the Court, is authorised under any Act or Commonwealth Act or under the rules to issue or furnish a certificate, sealed copy or office copy of the document.
2. Issuing subpoena.
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