Delegations to the Registrar, Court of Appeal under the Civil Procedure Act 2005
Pursuant to s 13 of the Civil Procedure Act 2005, I direct that the Registrar of the Court of Appeal (including a person acting as the registrar) may exercise the functions of the Court as stated in the schedule to this direction.
Dated: 28 November 2022
A S Bell
Chief Justice of New South Wales
Schedule
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 67 | Stay of proceedings | Limited to staying the decision below or the proceedings under the decision until the first available hearing before a judge |
Uniform Civil Procedure Rules 2005
Column 1
| Column 2
| Column 3
|
Section
| Description
| Restriction |
| Rule 1.21 | Extension and abridgment of time | Restricted to constitutional notices |
| Rule 12.7(1) | Dismissal of proceedings for want of due despatch | Provided at least one month's notice of the proposal to make such an order has been given to the plaintiff |
Rule 13.4
| Frivolous and vexatious proceedings
| Incompetent proceedings
|
Rule 51.4(3)
| Addition or removal of party
| |
Rule 51.5(1)
| Leave to take step without entering appearance
| |
Rule 51.6
| Extension of time
| |
Rule 51.9(1)(b)
| Extension of time
| |
Rule 51.10(2)
| Extension of time
| |
Rule 51.11(2)
| Extension of time
| |
Rule 51.16(1)
| Extension of time
| |
Rule 51.16(2)
| Extension of time
| |
Rule 51.17(2)
| Extension of time
| |
Rule 51.17(3)
| Extension of time
| |
Rule 51.20(2)
| Specify return day for notice of appeal
| |
Rule 51.21
| Alteration of return day
| |
Rule 51.25(1)
| Directions for preparation of appeal book
| |
Rule 51.31(2)
| Leave to amend appeal book
| |
Rule 51.33(1)
| Timetable for orange book
| |
Rule 51.34(3)
| Amendment of submissions
| |
Rule 51.39
| Use of White Folder
| |
Rule 51.41(1)
| Objection to competency
| |
Rule 51.41(2)
| Costs on incompetency
| |
| Rule 51.44 | Stay decision below or the proceedings under the decision until the first available hearing before a judge | |
Rule 51.50
| Security for costs
| |
Rule 51.51(2)
| Return day for motion
| |
Rule 51.51(5)
| Directions for filing evidence
| |
Rule 51.51(6)
| Directions for filing affidavits
| |
Rule 51.57(1)
| Directions for hearing in fixed vacation
| |
Rule 51.61
| Evidence in support of motion | |
Supreme Court Act 1970
Column 1
| Column 2
| Column 3
|
Section
| Description
| Restriction |
| Section 51(1) and (2) | Removal and remission | |
Court Suppression and Non-publication Orders Act 2010
Column 1
| Column 2
| Column 3
|
Section
| Description
| Restriction |
| Section 10 | Interim orders | By consent of the parties or expressly unopposed until the first available hearing before a judge |