Delegation to Registrars

 

Delegation to Registrars under section 13 of the Civil Procedure Act 2005
and
Rule 2.4 of the Industrial Relations Commission Rules 2009


Pursuant to section 13 of the Civil Procedure Act 2005 and Part 2.4 of the Industrial Relations Commission Rules 2009,I direct with effect from 1 November 2018 that an Industrial Registrar of the Industrial Relations Commission (including a person acting as the Industrial Registrar or as a Deputy to the Industrial Registrar) may exercise the functions of the Industrial Relations Commission as stated in Parts 1 to 3 of the schedule to this direction. 


P M Kite SC
Chief Commissioner
Industrial Relations Commission
 

SCHEDULE

Part 1 

The functions of the Commission 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 

SectionDescriptionRestriction
Section 14Dispense with rules in particular casesRestricted to those matters which a registrar may deal with
Section 61(1), (2), and (3)(f) and (g)Directions as to practice and procedure
Section 64Amendment of documents
Section 65Amendment of originating process expiration of limitations period
Section 66Adjournment of proceedings
Section 67Stay of proceedingsRestricted to those matters which a registrar may deal with
Section 68Attendance and production
Section 86Orders and termsRestricted to those matters which a registrar may deal with
Section 98CostsRestricted to those matters which a registrar may deal with unless the matter has been referred in accordance with Part 3 of this Schedule

 

Uniform Civil Procedure Rules 2005 

SectionDescriptionRestriction
Rule 1.12Extension and abridgment of time
Rule 1.13Fixing time
Part 2Case management generallyExcept a direction or order the subject of a restriction elsewhere in this direction.
Rule 4.10(4)Rejection of documents
Rule 7.3Leave to an unrepresented litigant to issue subpoena
Rule 7.15(5)Leave to replace tutor in proceedings
Rule 7.18Appointment and removal of tutor
Rule 7.21Striking out appearance of person sued in a business name
Rule 7.22Leave to proceed before amendment made
Rule 7.29Withdrawal of solicitor
Rule 10.1Service of filed documents
Rule 10.2Service of affidavitsRestricted to those matters which a registrar may deal with
Rule 10.7Orders as to the giving of notice 
by the Commission
Rule 10.14Substituted and informal service
Rule 10.16Service on person in default by filing
Rule 12.1 and 12.3Leave to discontinue
Rule 12.4Stay of further proceedings to secure costs of discontinuance of proceedings
Rule 12.5Leave to withdraw an appearance
Rule 12.7(1)Dismiss proceedings for want of due dispatch by plaintiffProvided at least one month's notice of the proposal to make such an order has been given to the plaintiff
Rule 12.10Stay to secure costs after dismissal
Rule 13.6Dismiss for non-appearance of plaintiff
Part 15ParticularsExcept for an order to dismiss the proceedings under UCPR 15.16
Part 18MotionsRestricted to those matters which a registrar may deal with
Part 19Amendment
Part 21Discovery/Inspection/Productionin respect of proceedings before the Commission to the extent to which the Commission has ordered that this Part apply
Rule 28.5Consolidation, etc
Rule 29.3Time and place of trial
Rule 31.4Service of witness statements
Part 33Subpoenas
Part 34Notice to produce at hearingin respect of proceedings before the Commission to the extent to which the Commission has ordered that this Part apply
Rule 35.1Using irregular affidavitin respect of proceedings before the Commission to the extent to which the Commission has ordered that this Part apply
Rule 35.2Cross examination of DeponentRestricted to those matters which a registrar may deal with
Rule 35.9Filing of affidavit
Rule 36.1AConsent OrdersRestricted to those matters which a registrar may deal with
Rule 36.11Entry of judgment or ordersUnless the Court directs entry to be effected in a specific manner
Rule 36.14Service of Judgment or OrderRestricted to those matters which a registrar may deal with
Rule 36.16Setting aside default judgment
Rule 36.17"Slip rule"
Rule 36.18Variation of judgment or order against party operating under unregistered business name

 

Part 2 

The functions of the Commission are provided for in Column 1 but subject to the restrictions (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 

Industrial Relations Act1996 

Part and/or sectionDescriptionDescription
Section 170Amendments and Irregularity of proceedings

 
Industrial Relations Commission Rules 2009

Part and/or sectionDescriptionRestriction
Rule 2.7Access to documentsSubject to any Practice Note issued by the President/Chief Commissioner
Rule 8.8Appeal Books


Part 3 General

1 Any judgment by consent and any order by consent. 

2 Accepting an undertaking given to the Commission for the payment of a sum of money within a time specified in the undertaking. 

3 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. 

4 On any matter remitted by the Commission, where the only question for hearing is the amount to be recovered and costs.

5 On any matter remitted by the Commission, where the only question for hearing is the matter of costs.

6 Accepting an undertaking, or the continuation of an undertaking, given to the Commission. 

7 A registrar may exercise the functions of the Commission 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.

8 Call-overs, directions hearings, readiness hearings, pre-hearing conferences, the recording of pleas and setting matters down before the Commission.

9 Issuing summons for production or to attend and give evidence.

10 The return of summons for production.