Supreme Court > Practice & procedure > Delegation of court functions

Delegation to Chief Clerks

              

Civil Procedure Act 2005

Pursuant to section 13 of the Civil Procedure Act 2005, I direct that a chief clerk of the Court (including a person acting as a chief clerk) may exercise the functions of the Court as stated in Parts 1 and 2 of the schedule to this direction.

Dated: 4 October 2007

J J Spigelman AC
Chief Justice of New South Wales                                                                                                   

Schedule

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.

Column 1Column 2Column 3
SectionDescriptionRestriction

Civil Procedure Act 2005

RuleDescriptionRestriction
Section 98 Costs In respect of a judgment given by default under Part 16 of the Rules
Section 100 Interest up to Judgment In respect of a judgment given by default under Part 16 of the Rules

 

Civil Procedure Rules

RuleDescriptionRestriction
Part 16
Default judgment Restricted to the following:
a) judgment for possession of land under UCPR 16.4
b) judgment for a liquidated demand under UCPR 16.6.
c) judgment for a mixed claim under UCPR 16.8 but only if the claims are for possession of land and a liquidated demand.
Rule 36.10
Filing of certificates
Rule 36.11 Entry of judgment and orders Unless the Court directs entry to be effected in a specified manner.
Rule 39.1(d)
Writ of possession In respect of a judgment given by default under Part 16 of the Rules

 

Part 2

  1. Certifying a copy of a judgment, order or document to be a true copy, sealing a judgment or order that has been given or entered in proceedings, or sealing and signing a document that accurately sets out the terms of the judgment or order given or entered in proceedings where the registrar, or other proper officer of the Court, is authorised under any Act or Commonwealth Act or under the rules to issue or furnish a certificate, sealed copy or office copy of the document.
  2. Issuing subpoena.