Procedures & Legislation

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 February 2010 that a registrar of the Industrial Relations Commission (including a person acting as the registrar or as a deputy to the registrar) may exercise the functions of the Industrial Relations Commission or Industrial Court as stated in Parts 1 to 3 of the schedule to this direction.

Dated: 1 February 2010

R P Boland
President, Industrial Relations Commission and Industrial Court

SCHEDULE

Part 1

The functions of the Court or 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

Column 1Column 2Column 3
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

Column 1Column 2Column 3
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 4.13Place for filing
Part 5Preliminary discovery
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 Court
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 12.8Other grounds for dismissal
Rule 12.10Stay to secure costs after dismissal
Rule 13.6Dismiss for non appearance of plaintiff
Rule 14.2Dispense with further pleadings
Rule 14.3Time for filing defence
Rule 14.5Further pleadings
Rules 14.22 - 14.24Verification of pleadings
Part 15ParticularsExcept for an order to dismiss the proceedings under UCPR 15.16
Part 18 Motions Restricted to those matters which a registrar may deal with
Part 19 Amendment
Part 21 Discovery/Inspection/Production in respect of proceedings before the Commission only to the extent to which the Commission has ordered that this Part apply
Part 22 Interrogatories
Rule 23.8 Inspection of property
Rule 23.9Default in compliance under Part 23Except 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.
Rule 28.5Consolidation, etc
Rule 29.3Time and place of trial
Rule 31.4Service of witness statements
Rule 31.5Notice under s 67 or s 99 of the Evidence Act
Rule 31.19Directions before calling expert witness
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 specific 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"
Rule 36.18 Variation of judgment or order against party operating under unregistered business name
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.
Rule 42.19 Costs of Discontinued Proceedings
Rule 42.21 Security for costs
Part 46 Accounts and Enquiries Except UCPR 46.12(4)(b)
 
 
Part 2

The functions of the Court or 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

Column 1Column 2Column 3
Part and/or sectionDescriptionDescription
Section 170Amendments and Irregularity of proceedings
 
 
Industrial Relations Commission Rules 2009

Column 1Column 2Column 3
Part and/or sectionDescriptionRestriction
Rule 2.7Access to documentsSubject to any Practice Note issued by the President
Rule 8.8Appeal Books
 
 
Part 3 General

1 Orders under the following legislation as provided -
    Evidence Act 1995
    section 50 (proof of voluminous or complex documents)
    section 168(2), (4) or (7) (time limits for making certain requests)
    section 169(1) (a), (b) or (d) (failure or refusal to comply with requests)
    Making a finding as to:
      (a) whether a reasonable request has been made under section 167 of the Evidence Act within the time prescribed by section 168(1), (3), (5) or (6) of that Act, and
      (b) whether a party has, without reasonable cause, failed or refused to comply with such a request
    Evidence on Commission Act 1995
    sections 6 (ordering evidence to be taken abroad)
    section 7 (directions on procedure about overseas evidence)
    section 20 (ordering evidence to be taken outside NSW)
    section 21 (directions on procedure about interstate evidence)

    Service and Execution of Process Act 1992(Commonwealth)
    section 29 (granting leave to serve a subpoena or summons outside NSW)
    section 30(1) (shortening time for service of a subpoena)
    section 35(3) (receipt of expenses of complying with a subpoena)
    section 45(3) (receipt of expenses of complying with an order to produce)
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 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.

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

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

7 Accepting an undertaking, or the continuation of an undertaking, given to the Court.

8 A registrar may exercise the functions of the Court or 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.

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

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

11 The return of summons for production.