Background

9.1 The Court Bill provides a wide jurisdiction for registrars of the court. A judge may refer any matter to a registrar.¹ A commissioner may also refer any matter within his jurisdiction to a registrar.² It is further provided that a registrar may exercise the functions of the court specified in Schedule 4 of the Bill, which include jurisdiction defined by reference to specified sections of the Act, and the hearing of interlocutory applications.³ There is also jurisdiction to preside over pre-hearing conferences.⁴ The Chief Judge is given responsibility for making arrangements for the distribution of work as between commissioners and registrars.⁵

Submissions

9.2 The submissions generally did not touch on the role of registrars, although the judges of the Commission, in discussion with us, expressed similar views in relation to the judicial role of registrars as they did in relation to commissioners. They did, however, accept the possibility of registrars exercising a function in relation to pre-trial procedures on a trial basis.

Issues Involved

9.3 We do not favour registrars being given power to hear claims for compensation, or interlocutory applications, even on reference by a judge on a case by case basis. Our reasons are as follows.

• The function of registrars in the administration of the court is important for its efficient operation and should not be eroded by other responsibilities.
• Registrars need not be legally qualified and in principle should not have power to determine finally legal rights.

We deal later in this report with the provision for registrars to preside over pre-hearing conferences (paragraph 10.11).

9.4 We see no reason why the registrars should not retain the traditional jurisdiction to tax bills of costs. This can be provided for by the rules. We believe that it would be helpful for the rules to provide definitively for the functions of registrar. The rule-making power should therefore be wide enough to enable and encourage the making of such rules. We make recommendations later in relation to the court’s rule-making power (paragraphs 11.3-11.5).

Summary

9.5 We recommend that the provisions of the Court Bill giving jurisdiction to a registrar to exercise the jurisdiction of the court in relation to proceedings for compensation and in relation to interlocutory applications be deleted.

FOOTNOTES

1. Court Bill, cl.16(1).

2. Court Bill, cl.28(1).

3. Court Bill, cl.30(1).

4. Court Bill, cl.31(1).

5. Court Bill, cl.21.