PRACTICE NOTES
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The Court aims to finalise its caseload in accordance with the following Time Standards;
Local Court Criminal Time Standards
95% of summary criminal trials - within 6 months.
100% of summary criminal trials - within 12 months
95% of criminal cases where the defendant enters a plea of guilty - within 3 months.
100% of criminal cases where the defendant enters a plea of guilty - within 6 months.
90% of indictable matters discharged or committed for trial or sentence to the Supreme or District Court - within 6 months.
100% of indictable matters discharged or committed for trial or sentence to the Supreme or District Court - within 12 months.
95% of complaint summonses - within 3months.
100% of complaint summonses - within 6 months.
Local Court Civil Time Standards
90% of civil cases - within 6 months of the initiation of the proceedings in the Court.
100% of cases - within 12 months of the initiation of proceedings in the Court.
Children’s Court Criminal Time Standards
80% of all summary criminal trials - within 6 months and 100% - within 12 months.
90% of all sentence matters following a plea of guilty - within 3 months of commencement and 100% - within 6 months.
90% of committals for trial - within 9 months and 100% - within 12 months.
95% of applications - within 6 months and 100% - within 9 months.
Children’s Court Care Time Standards
90% of Care matters - within 9 months.
100% of Care matters - within 12 months.
Coroner’s Time Standards
95% of deaths by natural causes, (no brief of evidence ordered), - within 3 months.
100% of deaths by natural causes, (no brief of evidence ordered), - within 6 months.
95% of deaths dispensed with (a brief of evidence ordered) - within 6 months.
100% of deaths dispensed with (a brief of evidence ordered) - within 9 months.
95% of deaths proceeding to inquest - within 12 months.
100% of deaths proceeding to inquest - within 18 months.
Chief Industrial Magistrate’s Time Standards
95% of prosecutions - within 6 months.
100% of prosecutions - within 12 months.
Delegated Powers of Registrar
The function of the court to waive, postpone and remit fees as referred to in clause 17(3) fo 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 Price
Chief Magistrate
12 August 2005
**See section 10A Local Courts Act 1982 relating to power of Deputy Registrars to perform functions of Registrars
Column 1
Column 2
Column 3
Part 1 Civil Procedure Act 2005
Section
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 taked effect as judgment
Section 61(1),(2) and
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.
Seciton 68
Attendance and production
Section 98
Costs
On default judgment, motions adjournments, enforcement of judgments and orders, case management and interloctory 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
Section
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 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 33.2
Issuing a subpoena
Registrar
Rule 33.4
Setting aside a Subpeona
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 & 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.
