Magistrates' Court (Judicial Registrars) Rules 2005

i Magistrates' Court (Judicial Registrars) Rules 2005 S.R. No. 166/2005 TABLE OF PROVISIONS Rule Page 1. Object 1 2. Authorising provisions 1 3. Commencement 1 4. Proceedings that may be dealt with by a judicial registrar 2 5. Review of decision of judicial registrar 3 6. Stay 4 7. Direction for review to operate as stay of order of judicial registrar 4 8. Notification of direction for review 4 __________________ SCHEDULE 5 Form 1—Request for Direction 5 ═══════════════ ENDNOTES 7 -- 1 of 8 -- 1 STATUTORY RULES 2005 S.R. No. 166/2005 Magistrates' Court Act 1989 Magistrates' Court (Judicial Registrars) Rules 2005 The Chief Magistrate together with 2 Deputy Chief Magistrates jointly make the following Rules: 1. Object The object of these Rules is to— (a) prescribe proceedings that may be dealt with by the Court constituted by a judicial registrar; and (b) delegate to judicial registrars some of the powers of the Court; and (c) establish a procedure for the review by the Court of a hearing and determination of a proceeding by a judicial registrar. 2. Authorising provisions These Rules are made under sections 16 and 16I of the Magistrates' Court Act 1989. 3. Commencement These Rules come into operation on 1 January 2006. -- 2 of 8 -- S.R. No. 166/2005 Magistrates' Court (Judicial Registrars) Rules 2005 2 4. Proceedings that may be dealt with by a judicial registrar (1) A judicial registrar may deal with and exercise all or any powers of the Court in any of the following proceedings— (a) a proceeding under section 5(1) of the Judgment Debt Recovery Act 1984; and (b) subject to sub-rule (2), a proceeding dealing with any article, thing or material brought before the Court under a search warrant in accordance with section 78(1)(b)(ii) of the Magistrates' Court Act 1989; and (c) a complaint referred to arbitration in accordance with Division 2 of Part 5 of the Magistrates' Court Act 1989, provided that the amount of monetary relief sought is less than $5000; and (d) a civil proceeding or part of a civil proceeding that has been referred under section 107(1) of the Magistrates' Court Act 1989 to a magistrate or a registrar for a pre-hearing conference; and (e) a proceeding— (i) for an offence for which an infringement notice within the meaning of Schedule 7 to the Magistrates' Court Act 1989 could be issued; or (ii) for a prescribed offence within the meaning of that Schedule; or (iii) under any other provision of that Schedule, except for clause 10A and Part 4; and r. 4 -- 3 of 8 -- S.R. No. 166/2005 Magistrates' Court (Judicial Registrars) Rules 2005 3 (f) a proceeding involving the exercise of any power under the Magistrates' Court Civil Procedure Rules 19991 that a magistrate may exercise except— (i) Rule 27.05, if the value of the property or proceeds is $5000 or more; and (ii) Rules 32.05(1), 35.04 and 35.05, apart from the power in Rule 35.05 in relation to inspection; and (g) a proceeding under sections 50(4) (including the power referred to in section 50(4D)), 50AAA(2), (3), (3A) and 50AAB(4) of the Road Safety Act 1986. (2) The powers of a judicial registrar in a proceeding referred to in sub-rule (1)(b) do not include any powers referred to in section 16I(b)(i) of the Magistrates' Court Act 1989. 5. Review of decision of judicial registrar (1) A request under section 16K of the Magistrates' Court Act 1989 for the review of the hearing and determination of a proceeding by the Court constituted by a judicial registrar must be in Form 1. (2) The request must be accompanied by an affidavit that must state the reasons for the request. (3) The request and the affidavit must be filed within 14 days after the day on which the order was made. (4) The Court may extend time under paragraph (3) before or after the time expires, whether or not a request for the review is made before the time expires. r. 5 -- 4 of 8 -- S.R. No. 166/2005 Magistrates' Court (Judicial Registrars) Rules 2005 4 (5) The request for the review must be determined by the Court— (a) after consideration of the request and the accompanying affidavit; and (b) unless the Court otherwise directs, without notice to any person. 6. Stay (1) The filing of a request referred to in Rule 5 does not operate as a stay of any order made by the Court constituted by a judicial registrar. (2) A party making the request may apply to the Court for a stay of any order made by a judicial registrar in the proceeding. 7. Direction for review to operate as stay of order of judicial registrar If the Court directs that the hearing and determination of a proceeding by the Court constituted by a judicial registrar be reviewed, the direction operates as a stay on any order made by the judicial registrar in the proceeding, unless the Court otherwise orders. 8. Notification of direction for review A person who obtains from the Court a stay of an order made by a judicial registrar must notify all other parties of the stay. __________________ r. 6 -- 5 of 8 -- S.R. No. 166/2005 Magistrates' Court (Judicial Registrars) Rules 2005 5 SCHEDULE Rule 5(1) FORM 1 In the Magistrates' Court of Victoria at [venue of Court] No. In the matter of a request for a direction under section 16K of the Magistrates' Court Act 1989. BETWEEN [name of party] [title of party e.g. Plaintiff or Defendant or Informant] AND [name of party] [title of party] REQUEST FOR DIRECTION Date of document: Filed on behalf of the: [title of party] Prepared by: [insert details] TAKE NOTICE that the abovementioned [title of party] requests, under section 16K of the Magistrates' Court Act 1989, a direction that the hearing and determination of this proceeding constituted by [name of judicial registrar], a judicial registrar, on [insert date] be reviewed by the Court constituted by a magistrate. *The order made by the judicial registrar in the proceeding was that [insert details of order made]. OR *A copy of the order made by the judicial registrar in the proceeding is attached [attach copy of order]. Dated: (Signed by the party making the request or the party's solicitors) *Delete if inapplicable _______________ Sch. -- 6 of 8 -- S.R. No. 166/2005 Magistrates' Court (Judicial Registrars) Rules 2005 6 Dated: 15 December 2005 IAN LESLIE GRAY, Chief Magistrate PETER HENRY LAURITSEN, Deputy Chief Magistrate PAUL DOUGLAS GRANT, Deputy Chief Magistrate ═══════════════ -- 7 of 8 -- S.R. No. 166/2005 Magistrates' Court (Judicial Registrars) Rules 2005 7 ENDNOTES 1 Rule 4(1)(f): S.R. No. 58/1999. Reprint No. 3 incorporating amendments as at 1 March 2005. Reprinted to S.R. No. 5/2005. Subsequently amended by S.R. No. 15/2005. Endnotes -- 8 of 8 --