County Court (Chapter I Judicial Registrars Amendment) Rules 2015

Authorised Version County Court (Chapter I Judicial Registrars Amendment) Rules 2015 S.R. No. 7/2015 TABLE OF PROVISIONS Regulation Page 1 Objects 1 2 Authorising provisions 1 3 Commencement 1 4 Principal Rules 1 5 Definitions 2 6 Seal of Court 2 7 Reference to mediator 2 8 New Rule 50.07.1 inserted 2 9 New Order 84 inserted 3 10 Application of Part 5 6 11 Revocation 7 ═══════════════ ENDNOTES 8 Authorised by the Chief Parliamentary Counsel i -- 1 of 9 -- Authorised Version STATUTORY RULES 2015 S.R. No. 7/2015 County Court Act 1958 County Court (Chapter I Judicial Registrars Amendment) Rules 2015 A majority of the Judges of the County Court makes the following Rules: 1 Objects The objects of these Rules are— (a) to amend Chapter I of the Rules of the County Court to provide for the powers and authorities of judicial registrars of the Court; and (b) to make a minor amendment and revocation in relation to the new list and division arrangements of the Court. 2 Authorising provisions These Rules are made under section 78 of the County Court Act 1958 and all other enabling powers. 3 Commencement These Rules come into operation on 9 February 2015. 4 Principal Rules In these Rules, the County Court Civil Procedure Rules 20081 are called the Principal Rules. Authorised by the Chief Parliamentary Counsel 1 -- 2 of 9 -- County Court (Chapter I Judicial Registrars Amendment) Rules 2015 S.R. No. 7/2015 5 Definitions After Rule 1.13(2)(b) of the Principal Rules insert— "(ba) a reference to a judicial registrar is a reference to the Court constituted by a judicial registrar;". 6 Seal of Court In Rule 28.04(1) of the Principal Rules— (a) after "Every associate judge," insert "every judicial registrar,"; (b) after paragraph (a) insert— '(ab) a judicial registrar, the words "Judicial Registrar";'. 7 Reference to mediator After Rule 50.07(10) of the Principal Rules insert— "(11) This Rule does not apply to the reference of a proceeding or any part of a proceeding to mediation by a judicial registrar under Rule 50.07.1.". 8 New Rule 50.07.1 inserted After Rule 50.07 of the Principal Rules insert— "50.07.1 Mediation by judicial registrar (1) Without limiting Rule 50.07(1), at any stage of a proceeding a judicial registrar may, with or without the consent of any party— (a) of the judicial registrar's own motion; or r. 5 Authorised by the Chief Parliamentary Counsel 2 -- 3 of 9 -- County Court (Chapter I Judicial Registrars Amendment) Rules 2015 S.R. No. 7/2015 (b) on the reference of a Judge or an associate judge— order that the proceeding or any part of the proceeding be mediated by a judicial registrar. (2) If a judicial registrar undertakes a mediation, the judicial registrar may give any direction with respect to the conduct of the mediation that the judicial registrar thinks fit. (3) Except so far as the judicial registrar otherwise orders, an order for mediation under this Rule shall not operate as a stay of the proceeding.". 9 New Order 84 inserted After Order 82 of the Principal Rules insert— "ORDER 83 * * * * * Note There is no Order 83. __________________ ORDER 84 POWERS OF JUDICIAL REGISTRARS 84.01 Proceedings that may be dealt with by judicial registrars (1) Subject to paragraph (2), a judicial registrar may perform the duties and exercise all or any powers or authorities of the Court in all matters and proceedings including, but not limited to, the following— (a) administrative mentions; r. 9 Authorised by the Chief Parliamentary Counsel 3 -- 4 of 9 -- County Court (Chapter I Judicial Registrars Amendment) Rules 2015 S.R. No. 7/2015 (b) directions hearings including any application by summons or otherwise pursuant to these Rules, including— (i) the assessment of damages; and (ii) the taking of an account or the making of an inquiry; (c) the conduct of a mediation under Rule 50.07.1; (d) the conduct of judicial resolution conferences; (e) the conduct of the trial of a proceeding, if a Judge has by order referred or transferred the conduct of the trial to a judicial registrar. (2) A judicial registrar shall not have authority to hear and determine the following— (a) any application or proceeding which by these Rules or any Act is required to be heard only by a Judge; (b) subject to this Order, any application for an injunction; (c) any proceeding relating to the liberty of the subject; (d) any criminal proceeding; (e) any application under section 28 or 54 of the Vexatious Proceedings Act 2014; (f) any application or proceeding under Part 2 or 2A of the Confiscation Act 1997. r. 9 Authorised by the Chief Parliamentary Counsel 4 -- 5 of 9 -- County Court (Chapter I Judicial Registrars Amendment) Rules 2015 S.R. No. 7/2015 (3) In hearing and determining any matter under this Rule, the same powers that the Court has in hearing and determining the matter are delegated to the judicial registrar. 84.02 Review by Judge of judicial registrar decisions (1) An order of the Court constituted by a judicial registrar may be reviewed by the Court constituted by a Judge, on the Court's own motion or on application by a party to the proceeding. (2) If any party to a proceeding seeks a review of an order of the Court constituted by a judicial registrar, the Court constituted by a Judge, on the application of that party, may review the order. (3) An application under paragraph (2)— (a) shall be made by notice filed with the Court; and (b) shall state specifically and concisely the grounds of objection to the order and the order sought in its place. (4) A copy of the notice under paragraph (3) shall be served on each other party to the proceeding within 14 days after the date of the decision. (5) In conducting a review in accordance with this Rule, the Judge may— (a) exercise all the powers and discretions of the Court with respect to the subject matter of the review; and r. 9 Authorised by the Chief Parliamentary Counsel 5 -- 6 of 9 -- County Court (Chapter I Judicial Registrars Amendment) Rules 2015 S.R. No. 7/2015 (b) confirm, set aside or vary the order of the Court constituted by the judicial registrar or make such further or other order as may be necessary or as the case requires. (6) On the review, unless the Court constituted by the Judge otherwise orders— (a) further evidence shall not be received; and (b) the party giving notice shall not raise any ground of objection not stated in the notice. (7) Except so far as the Court constituted by a Judge otherwise orders, a review under this Rule shall not operate as a stay of execution or of proceedings under the order of the Court constituted by the judicial registrar to which the review relates. 84.03 Judicial registrar may act for another If circumstances so require, a judicial registrar may hear and determine an application which a judicial registrar is authorised by the Act or by the Rules to hear and determine instead of the judicial registrar by whom it would otherwise be heard and determined. __________________". 10 Application of Part 5 In Rule 34A.18 of the Principal Rules, for "Damages and Compensation List or the Commercial List" substitute "Common Law Division or the Commercial Division". r. 10 Authorised by the Chief Parliamentary Counsel 6 -- 7 of 9 -- County Court (Chapter I Judicial Registrars Amendment) Rules 2015 S.R. No. 7/2015 11 Revocation Rule 14 of the County Court (Miscellaneous Amendments) Rules 20142 is revoked. Dated: 2 February 2015 M. ROZENES, Chief Judge K. L. BOURKE J. A. SMALLWOOD J. M. J. PATRICK S. M. COHEN P. M. E. WISCHUSEN M. E. SEXTON P. G. LACAVA E. M. GAYNOR F. R. GUCCIARDO W. A. WILMOTH M. A. GAMBLE F. MILLANE H. T. MASON S. S. DAVIS G. P. MULLALY J. G. MORRISH J. D. MONTGOMERY P. D. GRANT M. H. TINNEY D. A. PARSONS G. T. CANNON S. E. PULLEN M. E. DEAN A. J. HOWARD J. F. CARMODY L. A. HANNAN R. J. H. MAIDMENT M. D. MURPHY M. F. MACNAMARA M. E. KENNEDY W. E. STUART D. L. ALLEN J. A. JORDAN P. G. MISSO P. J. COSGRAVE ═══════════════ r. 11 Authorised by the Chief Parliamentary Counsel 7 -- 8 of 9 -- County Court (Chapter I Judicial Registrars Amendment) Rules 2015 S.R. No. 7/2015 ENDNOTES 1 Rule 4: S.R. No. 148/2008. Reprint No. 2 as at 1 January 2014. Reprinted to S.R. No. 167/2013. Subsequently amended by S.R. Nos 100/2014, 150/2014, 176/2014 and 210/2014. 2 Rule 11: S.R. No. 210/2014. Endnotes Authorised by the Chief Parliamentary Counsel 8 -- 9 of 9 --