Supreme Court of NSW
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Delegation to Registrars under section 13 of the Civil Procedure Act 2005

Civil Procedure Act 2005

Pursuant to section 13 of the Civil Procedure Act 2005, I direct that a registrar of the Court (including a person acting as the registrar or as a deputy to the registrar) may exercise the functions of the Court as stated in Parts 1 to 3 of the schedule to this direction.

Dated: 9 April 2009

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.

Civil Procedure Act 2005
Column 1Column 2Column 3
SectionDescriptionRestriction
Section 14Dispense with rules in particular casesRestricted to those matters which a registrar may deal with
Section 26(1)Referral to mediationBy consent of the parties or expressly unopposed
Section 38(1)Referral to arbitration
Section 43Order for rehearing of arbitration
Section 45Discontinuance of rehearing
Section 61(1), (2), and (3)(f) and (g)Directions as to practice and procedure
Section 64Amendment of documents
Section 65Amendment of originating process after expiration of limitations period
Section 66Adjournment of proceedings
Section 67Stay of proceedingsRestricted to those matters which a registrar may deal with
Section 68Attendance and production
Section 86Orders and termsRestricted to those matters which a registrar may deal with
Section 93 (2)Judgment for Detention of GoodsRestricted to default judgments
Section 98CostsRestricted to those matters which a registrar may deal with
Section 100Interest up to judgmentIn respect of a judgment given or entered under Part 16 of the Rules
Section 101Interest after judgmentIn respect of a judgment given or entered under Part 16 of the Rules
Section 107Deferral of payments and payments by instalments
Section 108Order for examination of judgment debtor
Section 134Extension of period of enforcement of stale judgment
Section 135(2)(b)Prohibit Sheriff from acting on writ of executionRestricted to a writ of execution issued pursuant to a judgment given by default
Section 140Transfer of proceedings from the District Court or a Local CourtOnly if by consent or expressly unopposed
Section 146Transfer of proceedings to the District Court or a Local CourtOn if by consent or expressly unopposed


Uniform Civil Procedure Rules 2005
Column 1Column 2Column 3
SectionDescriptionRestriction
Rule 1.12Extension and abridgment of timeExcluding abridging time for service of a summons
Rule 1.13Fixing time
Part 2Case management generallyExcept a direction or order the subject of a restriction elsewhere in this direction.
Rule 4.10(4)Rejection of documents
Rule 4.13Place for filing
Part 5Preliminary discovery
Rule 6.1Leave to take step without filing appearance
Rule 6.5Continuation of proceedings wrongly commenced by Statement of Claim
Rule 6.6Continuation of proceedings wrongly commenced by Summons
Rule 6.16Postpone return day in summons
Rule 6.18Leave to join causes of action
Rule 6.19Leave to join parties in proceedings involving common questions
Rule 6.20Leave to join parties having joint entitlement
Rule 6.21Stay proceedings until jointly liable persons added as defendants
Rule 6.22Order separate trials or other order to avoid inconvenient joinder
Rule 6.24Order addition of parties
Rule 6.27 and 6.28Join third party and determine date of commencement of proceedings relating to them
Rule 6.29Order removal of party
Rules 6.30 and 6.31Effect of change of party in proceedings
Rule 6.32Future conduct of proceedings
Rule 7.3Leave to an unrepresented litigant to issue subpoena
Rule 7.15(5)Leave to replace tutor in proceedings
Rule 7.18Appointment and removal of tutor
Rule 7.21Striking out appearance of person sued in a business name
Rule 7.22Leave to proceed before amendment made
Rule 7.29Withdrawal of solicitor
Rule 9.8(a)Leave to separately determine cross-claims
Rule 9.9Leave for proceedings to continue together
Rule 10.1Service of filed documents
Rule 10.2Service of affidavitsRestricted to those matters which a registrar may deal with
Rule 10.7Orders as to the giving of notice by the Court
Rule 10.14Substituted and informal service
Rule 10.15Possession of land; service by affixing copy of originating process
Rule 10.16Service on person in default by filing
Rule 11.4Leave to proceed when originating process served outside Australia
Rule 11.5Leave to serve documents outside Australia and confirmation thereof
Rule 12.1 and 12.3Leave to discontinue
Rule 12.4Stay of further proceedings to secure costs of discontinuance of proceedings
Rule 12.5Leave to withdraw an appearance
Rule 12.7(1)Dismiss proceedings for want of due despatch by plaintiffProvided at least one month’s notice of the proposal to make such an order has been given to the plaintiff
Rule 12.8Other grounds for dismissal
Rule 12.10Stay to secure costs after dismissal
Rule 13.6Dismiss for non appearance of plaintiff
Rule 14.2Dispense with further pleadings
Rule 14.3Time for filing defence
Rule 14.5Further pleadings
Rules 14.22 – 14.24Verification of pleadings
Part 15ParticularsExcept for an order to dismissal the proceedings under UCPR 15.16
Part 16Default judgment
Part 18MotionsRestricted to those matters which a registrar may deal with
Part 19Amendment
Rules 20.2 and 20.3Directions about mediation
Rules 20.9 – 20.12Arbitration
Rule 20.34Acknowledgement of a liquidated claim
Part 21Discovery/Inspection/Production
Part 22Interrogatories
Rule 23.4Order for medical examination
Rule 23.7Order for rehabilitation test
Rule 23.8Inspection of property
Rule 23.9Default in compliance under Part 23Except for an order that judgment be given, a defence be stuck out or that the proceedings, or any part of the relief claimed in the proceedings be dismissed.
Rules 24.3, 6, 9, and 14Taking evidence otherwise than at trialExcept where the order is made under section 7 or section 10 of the Foreign Evidence Act.
Rules 26.3, 4, 5, and 8Receivers
Rule 28.5Consolidation, etc
Rule 31.4Service of witness statements
Rule 31.5Notice under s 67 or s 99 of the Evidence Act
Rule 31. 19Directions before calling expert witnesses
Rule 31.20 (2) (a)Service of experts’ reports
Rule 31. 32 (3)Abridge time for service of subpoena on medical witness
Part 33Subpoenas
Part 34Notice to produce at hearing
Rule 35.1Using irregular affidavit
Rule 35.2Cross examination of DeponentRestricted to those matters which a registrar may deal with
Rule 35.9Filing of affidavit
Rule 36.1AConsent OrdersRestricted to those matters which a registrar may deal with
Rule 36.11Entry of judgment or ordersUnless the Court directs entry to be effected in a specified manner.
Rule 36.14Service of Judgment or OrderRestricted to those matters which a registrar may deal with
Rule 36.16Setting aside default judgment
Rule 36.17“Slip rule”
Rule 36.18Variation of judgment or order against party operating under unregistered business name
Rule 37.4Instalment Orders
Rule 37.6Variation of Instalment Orders
Rules 38.1 – 38.5 Examination of judgment debtor
Rule 38.7Application of Part to persons that are corporations
Part 39Enforcement of judgments
Rule 41.8(2)Payment of interest accruing on money paid into Court
Rule 41.9 Non-attendance of parties following notice by Court
Part 42Order for costsRestricted to proceedings in which the registrar has a function under an Act or the Rules, or in which the function has been delegated by this direction, or in which a matter has been referred to the registrar by a Judge or Associate Judge.
Rule 42.19Costs of Discontinued Proceedings
Rule 42.21Security for costs
Rule 42.28Costs on Instalment Orders
Rule 45.2Entry and Removal from specialist listExcept for Commercial List and Technology and Construction List matters
Part 46Accounts and EnquiriesExcept UCPR 46.12(4)(b)
Rule 49.22Stay registrar’s decisionLimited to staying the decision under review


Part 2 Supreme Court Rules
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 1Column 2Column 3
Part and/or ruleDescriptionRestriction
Part 51B—
Rule 5 (8)Direction concerning filing of affidavit
Rule 9Direction concerning filing of affidavit
Part 58Taking evidence for foreign and Australian courts and tribunals
Part 59AEnforcement of external judgments
Part 68—
Rule 2 (2) (c) (ii)Administration of estates: determination of question
Part 71A—
Rule 6 (2)Notifying the Sheriff of change in interest rate
Rule 7Assessment of costs and expenses
Part 80 -
Rule 18 (4)Time for advertising winding up application
Rule 21 (1)Order substituting plaintiff
Rule 62Examination of person concerned with corporation
Part 80A—
Rule 36Examination of persons concerned with corporations

Part 3 General
1 Orders under the following legislation as provided –

Commercial Arbitration Act 1984

section 33 (enforcement of an award)

Contractors Debts Act 1997

section 7 (1) (certification of a debt)

Conveyancing Act 1919

section 66G (appointment of trustees to property, where there is no defendant)

Co-operatives Act 1992

clause 10 of Schedule 4 (remuneration of a receiver, etc)

Corporations Act 2001 (Commonwealth)

section 425 (remuneration of a receiver, etc)

section 429 (3) (extending the period for a report)

section 440D (1) (leave to proceed against a company under administration) provided the claim against the company is, or includes, a claim for damages for personal injury

section 449E (1) (remuneration of an administrator)

section 459A (winding up a company in insolvency)

section 459R (extending the period for determination of a winding up application)

section 461(1)(k) (winding up a company on just and equitable grounds) where there has been an order by the Court hearing the application that ASIC reinstate the company under s.601AH(2)

section 465B (substitution of applicants for winding up)

section 471B (leave to proceed against a company in liquidation) provided the claim against the company is, or includes, a claim for damages for personal injury

section 473 (1) (removal of liquidator appointed by the Court) where the application is not opposed,

section 473 (2) (remuneration of a provisional liquidator)

section 473 (3) (remuneration of a liquidator)

section 473 (7) (liquidators vacancy) where the application is not opposed

sections 480 and 481 (1) (release and deregistration)

section 484 (2) (b) (remuneration of a special manager)

section 486 (inspection of books of a company in a winding up by the court)

section 500 (2) (granting of leave to proceed against a company after the passing of a resolution for voluntary winding up)

section 511 (voluntary winding up) on an application to exercise the power of the court under s 486

section 542 (3) (destruction of books)

sections 596A, 596B and 596F (examination of persons about corporations)

section 597 (examination of persons concerned with corporations) except subsection (15)

section 601AH (2) (reinstatement) where the summons by which the application is made has been served on ASIC and not opposed by ASIC

section 1335 (ordering security for costs that may be payable by a plaintiff corporation)

Any matter which arises in a winding up by the court and is referred to a registrar by a Judge or the Court of Appeal

Evidence Act 1995

section 50 (proof of voluminous or complex documents)

section 168 (2), (4) or (7) (time limits for making certain requests)

section 169 (1) (a), (b) or (d) (failure or refusal to comply with requests)

Making a finding as to:

(a) whether a reasonable request has been made under section 167 of the Evidence Act within the time prescribed by section 168 (1), (3), (5) or (6) of that Act, and

(b) whether a party has, without reasonable cause, failed or refused to comply with such a request

Evidence and Procedure (New Zealand) Act 1994 (Commonwealth)

section 16 (issuing of a certificate)

Evidence on Commission Act 1995.

sections 6 (ordering evidence to be taken abroad)

section 7 (directions on procedure about overseas evidence)

section 20 (ordering evidence to be taken outside NSW)

section 21 (directions on procedure about interstate evidence)

Foreign Judgments Act 1991 (Commonwealth)

section 6 (ordering that a foreign judgment be registered) where a request has been added under Part 59A rule 2 (3) SCR

section 15 (1) (issue of a certificate with respect to an action)

Motor Vehicles (Third Party Insurance) Act 1942.

section 14E (1) and (2) (joint hearing and transfer of proceedings into court on application by the GIO by consent or expressly unopposed)

Property (Relationships) Act 1984

Trial of proceedings concerning de facto relationships where referred by the Court.

Service and Execution of Process Act 1992 (Commonwealth)

section 29 (granting leave to serve a subpoena or summons outside NSW)

section 30 (1) (shortening time for service of a subpoena)

section 35 (3) (receipt of expenses of complying with a subpoena)

section 45 (3) (receipt of expenses of complying with an order to produce)

section 87 (4) (receipt of expenses of complying with a warrant)

Supreme Court Act 1970

section 72 (production for examination of a person confined)

Supreme Court (Corporations) Rules 1999

rule 11.3 (7) (access to an affidavit filed to support an application for an examination summons)

rule 11.4 (service of an examination summons)

rule 11.8 (1) (access to transcript of an examination, etc.)

Uncollected Goods Act 1995

Section 18 (exercising the jurisdiction of the Court, including granting leave under subsection (1))

2 Any judgment by consent and any order by consent or of course.

3 Accepting an undertaking given to the Court for the payment of a sum of money within a time specified in the undertaking.

4 The vouching or passing of the account of a receiver, manager, guardian, trustee, mortgagee or other fiduciary or the taking of any account, the making of any inquiry or the doing of any other thing to which Part 49 applies and which is directed by any judgment or order. (This paragraph does not apply in relation to accounts referred to in section 85 of the Wills, Probate and Administration Act 1898, or in Part 76 rule 32 which relates to Protective Business.)

5 Certifying a copy of a document to be a true copy where the registrar is authorised under any Act or Commonwealth Act or under the rules to issue or furnish a certificate or office copy of the document.

6 Order for costs provided:


    (a) the proceedings are not brought under:

      (i) section 384 or section 385 of the Legal Profession Act 2004 (which relate to appeals, and applications for leave to appeal, against a decision or determination of a costs assessor), or

      (ii) section 386 of the Legal Profession Act 2004 (which relates to a suspension and an end of a suspension of a decision or determination of a costs assessor), and


    (b) it is unlikely in the opinion of the registrar that the costs will exceed $20,000.

7 Any matter which a Judge or an Associate Judge may conduct or deal with and is referred to a registrar by order of a Judge or Associate Judge.

8 Accepting an undertaking, or the continuation of an undertaking, given to the Court.

9 A registrar may exercise the functions of the Court for the purposes of, and in respect of all matters incidental to, the exercise of the registrar’s powers under any Act, under any other provision of the rules, or under this direction.

10 A registrar may exercise the powers and perform the duties of the Court under the Mutual Recognition Act or under the Trans-Tasman Mutual Recognition Act.

11 Issuing subpoena.


Note: Powers of the Registrar in Probate continue as specified in Supreme Court Rules Pt78 r5




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