Supreme Court > Practice & procedure > Delegation of court functions

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: 17 December 2018

T F Bathurst AC
Chief Justice of New South Wales

Schedule

As detailed below or download the Schedule as a PDF.

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 1 Column 2 Column 3
Section Description Restriction
Section 14 Dispense with rules in particular cases Restricted to those matters which a registrar may deal with
Section 26(1) Referral to mediation By consent of the parties or expressly unopposed
Section 38(1) Referral to arbitration
Section 43 Order for rehearing of arbitration
Section 45 Discontinuance of rehearing
Section 61(1), (2), and (3)(f) and (g) Directions as to practice and procedure
Section 64 Amendment of documents
Section 65 Amendment of originating process after expiration of limitations period
Section 66 Adjournment of proceedings
Section 67 Stay of proceedings Restricted to those matters which a registrar may deal with
Section 68 Attendance and production 
Section 86 Orders and terms Restricted to those matters which a registrar may deal with
Section 93 (2) Judgment for Detention of Goods Restricted to default judgments
Section 98 Costs Restricted to those matters which a registrar may deal with
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 107 Deferral of payments and payments by instalments
Section 108 Order for examination of judgment debtor
Section 134 Extension of period of enforcement of stale judgment
Section 135(2)(b) Prohibit Sheriff from acting on writ of execution Restricted to a writ of execution issued pursuant to a judgment given by default
Section 140 Transfer of proceedings from the District Court or a Local Court Only if by consent or expressly unopposed
Section 146 Transfer of proceedings to the District Court or a Local Court On if by consent or expressly unopposed


Uniform Civil Procedure Rules 2005

Column 1 Column 2
Column 3
Section Description
​Restriction
Rule 1.12 Extension and abridgment of time Excluding abridging time for service of a summons
Rule 1.13 Fixing time 
Part 2 Case management generally Except a direction or order the subject of a restriction elsewhere in this direction.
Rule 4.10(4) Rejection of documents
Rule 4.13 Place for filing 
Part 5 Preliminary discovery 
Rule 6.1 Leave to take step without filing appearance 
Rule 6.5 Continuation of proceedings wrongly commenced by Statement of Claim
Rule 6.6 Continuation of proceedings wrongly commenced by Summons
Rule 6.16 Postpone return day in summons
Rule 6.18 Leave to join causes of action 
Rule 6.19 Leave to join parties in proceedings involving common questions 
Rule 6.20 Leave to join parties having joint entitlement 
Rule 6.21 Stay proceedings until jointly liable persons added as defendants 
Rule 6.22 Order separate trials or other order to avoid inconvenient joinder 
Rule 6.24 Order addition of parties 
Rule 6.27 and 6.28 Join third party and determine date of commencement of proceedings relating to them
Rule 6.29 Order removal of party 
Rules 6.30 and 6.31 Effect of change of party in proceedings 
Rule 6.32 Future conduct of proceedings
Rule 7.3 Leave to an unrepresented litigant to issue subpoena 
Rule 7.15(5) Leave to replace tutor in proceedings
Rule 7.18 Appointment and removal of tutor 
Rule 7.21 Striking out appearance of person sued in a business name 
Rule 7.22 Leave to proceed before amendment made 
Rule 7.29 Withdrawal of solicitor 
Rule 9.8(a) Leave to separately determine cross-claims
Rule 9.9 Leave for proceedings to continue together
Rule 10.1 Service of filed documents
Rule 10.2 Service of affidavits Restricted to those matters which a registrar may deal with
Rule 10.7 Orders as to the giving of notice by the Court 
Rule 10.14 Substituted and informal service 
Rule 10.15 Possession of land; service by affixing copy of originating process 
Rule 10.16 Service on person in default by filing 
Rule 11.8AA Leave to proceed when originating process served outside Australia 
Rule 11.8AB Leave to serve documents outside Australia and confirmation thereof 
Rule 12.1 and 12.3 Leave to discontinue 
Rule 12.4 Stay of further proceedings to secure costs of discontinuance of proceedings
Rule 12.5 Leave to withdraw an appearance 
Rule 12.7(1) Dismiss proceedings for want of due despatch by plaintiff Provided at least one month's notice of the proposal to make such an order has been given to the plaintiff
Rule 12.8 Other grounds for dismissal
Rule 12.10 Stay to secure costs after dismissal 
Rule 13.6 Dismiss for non appearance of plaintiff
Rule 14.2 Dispense with further pleadings
Rule 14.3 Time for filing defence
Rule 14.5 Further pleadings
Rules 14.22 – 14.24 Verification of pleadings 
Part 15 Particulars Except for an order to dismissal the proceedings under UCPR 15.16
Part 16 Default judgment
Part 18 Motions Restricted to those matters which a registrar may deal with
Part 19 Amendment 
Rules 20.2 and 20.3 Directions about mediation 
Rules 20.9 – 20.12 Arbitration 
Rule 20.34 Acknowledgement of a liquidated claim
Part 21 Discovery/Inspection/Production 
Part 22 Interrogatories 
Rule 23.4 Order for medical examination 
Rule 23.7 Order for rehabilitation test 
Rule 23.8 Inspection of property 
Rule 23.9 Default in compliance under Part 23 Except 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 14 Taking evidence otherwise than at trial Except where the order is made under section 7 or section 10 of the Foreign Evidence Act
Rules 26.3, 4, 5, and 8 Receivers 
Rule 28.5 Consolidation, etc 
Rule 31.4 Service of witness statements
Rule 31.5 Notice under s 67 or s 99 of the Evidence Act 
Rule 31. 19 Directions 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 33 Subpoenas 
Part 34 Notice to produce at hearing 
Rule 35.1 Using irregular affidavit 
Rule 35.2 Cross examination of Deponent Restricted to those matters which a registrar may deal with
Rule 35.9 Filing of affidavit
Rule 36.1A Consent Orders Restricted to those matters which a registrar may deal with
Rule 36.11 Entry of judgment or orders Unless the Court directs entry to be effected in a specified manner.
Rule 36.14 Service of Judgment or Order Restricted to those matters which a registrar may deal with
Rule 36.16 Setting aside default judgment 
Rule 36.17 "Slip rule" Restricted to those matters which a registrar may deal with
Rule 36.18 Variation of judgment or order against party operating under unregistered business name 
Rule 37.4 Instalment Orders
Rule 37.6 Variation of Instalment Orders
Rules 38.1 – 38.5 Examination of judgment debtor
Rule 38.7 Application of Part to persons that are corporations
Part 39 Enforcement 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 42 Order for costs Restricted 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 42.19 Costs of Discontinued Proceedings
Rule 42.21 Security for costs 
Rule 42.28 Costs on Instalment Orders
Rule 45.2 Entry and Removal from specialist list Except for Commercial List and Technology and Construction List matters
Part 46 Accounts and Enquiries Except UCPR 46.12(4)(b)
Rule 49.22 Stay registrar's decision Limited 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.

Column 1 Column 2 Column 3
Part and/or rule Description Restriction
Part 51B—  
Rule 5 (8) Direction concerning filing of affidavit 
Rule 9 Direction concerning filing of affidavit 
Part 58 Taking evidence for foreign and Australian courts and tribunals 
Part 59A Enforcement 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 7 Assessment of costs and expenses 
Part 80 -

Rule 18 (4) Time for advertising winding up application
Rule 21 (1) Order substituting plaintiff
Rule 62 Examination of person concerned with corporation
Part 80A—  
Rule 36 Examination of persons concerned with corporations 


Part 3 General

1) Orders under the following legislation as provided – The matter in column 2 is inserted for convenience of reference only and does not affect the operation of the direction.

Provision Description (for information only) Restriction
CONTRACTORS DEBTS ACT 1997 (NSW)
 
Section 7(1), (1A) Certification of debt by court 
CONVEYANCING ACT 1919 (NSW)
 
Section 36A Power to direct division of chattels Registrar to exercise this power only with the consent of the parties
Section 55(2A),(3) Right of purchaser to recover deposit etc Registrar to exercise this power only with the consent of the parties
Section 63(3) Covenants to produce implied by schedule of documents 
Section 115(6) Powers, remuneration and duties of receiver 
Section 170(1)(d) Regulations respecting notices 
CO-OPERATIVES ACT 1992 (NSW) ​  
Section 105E General powers of the Court Registrar to exercise this power only with the consent of the parties
Sch 4, cl 10 Remuneration of a receiver, etc 
CORPORATIONS ACT 2001 (Cth) ​  
Section 425 Fix a receiver's remuneration 
Subsection 429 (3) Extend the period for submission of a controller's report 
Section 440D (1) Grant leave to begin or proceed with a proceeding in a court against a company which is in administration, or in relation to any of its property Where the application is not opposed
Section 449C Appoint an administrator of a company in administration where there is a casual vacancy Where the application is not opposed
Former subsection 449E (1) Fix the remuneration of an administrator of a company, or of a deed of company arrangement 
Sections 459A and 459B (except in respect of applications under s 234) Order that an insolvent company be wound up in insolvency on an application made under s 459P, s 462 or s 464. Where the application is not opposed
Section 459R Extend the period within which an application for a company to be wound up in insolvency must be determined 
Section 461 Order the winding up of a company Where the application is not opposed
Section 465B Substitute an applicant or applicants in an application under s 459P, 462 or 464 
Section 465C Grant leave to oppose an application under s 459P, 462 or 464 notwithstanding failure to file and serve notice of grounds of opposition and an affidavit verifying 
Subsections 466 (2) and (4) Otherwise order in respect of reimbursement of the applicant's costs, and payment of the costs incurred by a company or liquidator as applicant Where the Registrar makes the relevant winding-up order
Section 467 Dismiss, adjourn or make an interim order in a winding up application Where the Registrar has power to make a final order on the application
Paragraph 470 (2) (b) Direct service of copy of order on another person Where the Registrar makes the relevant winding up order
Section 471B Grant leave to begin or proceed with a proceeding in a court or enforcement process against a company being wound up by the Court or in relation to its property Where the application is not opposed
Section 472 (1) Appoint official liquidator Where the Registrar makes the relevant winding up order
Section 472 (6) Declare whether anything to be done by liquidator is to be done by all or any one of appointees, where more than one liquidator is appointed by the Court Where the Registrar appoints the liquidator
Former subsection 473 (1) Remove a liquidator appointed by the Court Where the application is not opposed
Former subsection 473 (2) Determine provisional liquidator's remuneration 
Former subsection 473 (3) Determine remuneration of liquidator 
Subsection 473A (1) Fill vacancy in office of official liquidator in a winding up by the Court Where the application is not opposed
Subsection 473A (4) Declare whether anything to be done by liquidator is to be done by all or any one or more of appointees, where more than one liquidator is appointed by the Court Where the Registrar appoints the liquidators
Section 480 Release liquidator and deregister company 
Subsection 481 (1) Order preparation of report on accounts of liquidator 
Subsection 482 (1) Order staying the winding up of a company for a limited time Where the winding-up order was made by a Registrar
Paragraph 484 (2) (b) Fix remuneration of special manager 
Section 486 Order for inspection of books of company by creditors or contributories in a winding up by the Court 
Section 500 (2) Leave to proceed with or commence action or other civil proceeding against company subject to creditors' voluntary winding up Where the application is not opposed
Former paragraph 542 (3) (a) Directions abridging the period for which books of the company must be retained 
Paragraph 585 (b) Approval or direction in respect of manner of service of notice to Part 5.7 body of institution of action or proceeding against member  
Sections 596A, 596B Summon a person for examination about a corporation's examinable affairs 
Section 596F Directions about examination 
Section 597, except subsection (15) Conduct of examination 
Subsections 601AH (2) Order that ASIC reinstate registration of a company Where notice of the application has been served on ASIC and the application is not opposed by ASIC or any other person
Subsection 601CC (9) Order directing restoration of name of registered Australian body to the Register, and associated directions Where notice of the application has been served on ASIC and the application is not opposed by ASIC or any other person
Subsection 601CL (10) Order directing restoration of name of registered foreign company to the Register, and associated directions Where notice of the application has been served on ASIC and the application is not opposed by ASIC or any other person
Section 1335 Require security to be given for costs 
Div 60 of the Insolvency Practice Schedule (Corporations) Fix remuneration of external administrators Where the application is not opposed
Div 70 of the Insolvency Practice Schedule (Corporations) Directions abridging the period for which books of the company must be retained 
Div 90 of the Insolvency Practice Schedule (Corporations) Fill a vacancy in the office of an external administrator

Where the application is not opposed

 

Div 90 of the Insolvency Practice Schedule (Corporations) Remove and replace external administrator Where the application is not opposed
EVIDENCE ACT 1995 (NSW) ​  
Section 168(2),(4),(7) Time limits for making certain requests 
Section 177(3) Certificates of expert evidence 
Section 193(1) Additional powers 
EVIDENCE AND PROCEDURE (NEW ZEALAND) ACT 1994 (Cth) ​  
Section 16 Non‑compliance with subpoenas 
FOREIGN JUDGMENTS ACT 1991 (Cth) ​  
Section 6 Application for, and effect of, registration of foreign judgments 
Section 7 Setting aside a registered judgment Registrar to exercise this power only with the consent of the parties
Section 15(1) Issue of certificates of judgments obtained in Australian courts Registrar to exercise this power only with the consent of the parties
MOTOR VEHICLES (THIRD PARTY INSURANCE) ACT 1942 (NSW) ​  
Section 14E(1),(2)

Joint hearing of certain proceedings

Registrar to exercise this power only with the consent of the parties

SERVICE AND EXECUTION OF PROCESS ACT 1992 (Cth)
 
Section 29 Subpoenas may be served in any part of Australia 
Section 30(1) Time for service 
Section 35(3) Entitlement to expenses 
Section 45(3) Entitlement to expenses 
Section 87(4) Entitlement to expenses 
SUCCESSION ACT 2006 (NSW) ​  
Section 58(2) Application for extension of time Registrar to exercise this power only with the consent of the parties, excluding cases in which settlement requires approval
SUPREME COURT ACT 1970 (NSW) ​  
Section 72 Production for examination of a person confined 
SUPREME COURT (CORPORATIONS) RULES 1999 (NSW) ​  
r 2.12 Proof of publication Where application is being heard by the registrar
r 2.13

Leave to creditor, contributory or officer to be heard

 

Where application is being heard by the registrar
r 11.3(7) Access to an affidavit filed to support an application for an examination summons 
r 11.4 Service of an examination summons 
r 11.8(1) Access to transcript of an examination, etc. 
UNCOLLECTED GOODS ACT 1995 (NSW) ​  
Section 18 Exercising the jurisdiction of the Court, including granting leave under subsection (1) 

2) Any judgment by consent and any order by consent.

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 Uniform Civil Procedure Rules Part 46 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 Probate and Administration Act 1898,)

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 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.