Australian Capital Territory Numbered Regulations Australian Capital Territory Numbered Regulationsinsert
6251 Jurisdiction exercisable by registrar of Magistrates Court
(1) This rule applies only to the registrar of the Magistrates Court.
(2) The registrar may exercise the following jurisdiction of the court:
(a) to hear and decide an application in a proceeding, other than an application under a provision of these rules mentioned in schedule 5, part 5.4;
Note Application in a proceeding is defined in r 6006 (Application—pt 6.2).
(b) to hear and decide an originating application mentioned in any of the following provisions of these rules:
• rule 650 (2) (Discovery to identify potential defendant);
• rule 651 (2) (Discovery to identify right to claim relief);
(c) in relation to an application for default judgment under rule 1118 (3) (Default judgment—generally) or rule 1138 (3) (Default judgment—partial defence);
(d) in relation to a directions hearing under rule 1303 (Directions hearing—category C proceedings) or rule 1308 (Directions hearing—category A, category B and category D proceedings);
(e) in relation to a listing hearing under rule 1309 (Listing hearing);
(f) in relation to the setting down under rule 1310 (Special fixture) of a proceeding for trial as a special fixture;
(g) to hear and decide a proceeding on an application for directions under rule 1403 (Decision in proceeding);
(h) the setting of a date for a directions hearing under rule 1522 (Separate decisions on questions—directions);
(i) in relation to an application mentioned in any of the following rules:
• rule 2010 (Enforcement—enforcement of Magistrates Court order in Supreme Court)
• rule 2052 (Enforcement orders—duration and renewal of certain enforcement orders given to enforcement officers)
• rule 2100 (Enforcement hearing—application by enforcement creditor)
• rule 2101 (Enforcement hearing—otherwise than on enforcement creditor's application)
• rule 2151 (Instalment order—application by enforcement debtor)
• rule 2201 (Seizure and sale order—application)
• rule 2302 (Debt redirection order—application)
• rule 2351 (Earnings redirection order—application)
• rule 2460 (Order for seizure and delivery of goods—making);
(j) in relation to an enforcement hearing under division 2.18.3 (Enforcement of money orders—enforcement hearings);
(k) in relation to an instalment order agreement under rule 2157 (Instalment order—instalment order agreement);
(l) in relation to the giving of directions under rule 2307 (Debt redirection order—claim by someone else);
(m) in relation to a notice of objection under rule 2311 (Debt redirection order—third person disputes liability);
(n) in relation to an application for default judgment under rule 3751 (3) (Small Claims Court—default by third party);
(o) in relation to an application for default judgment under rule 3757 (4) (Small Claims Court—default judgment);
(p) in relation to changing the time or place of, or adjourning, a conference under rule 3762 (Small Claims Court conference—changing time or place of);
(q) in relation to a party's failure to attend a conference under rule 3765 (Small Claims Court conference—failure to attend);
(r) in relation to a conference under rule 3766 (Small Claims Court conference—procedure);
(s) in relation to changing the time or place of, or adjourning, an inquiry under rule 3769 (Small Claims Court inquiry—changing time or place of);
(t) in relation to the appointment of an investigator under rule 3773 (1) (Small Claims Court inquiry—investigators) and the remuneration of the investigator under rule 3773 (5);
(u) to make an order under rule 3793 (Small Claims Court order—other orders);
(v) to make an order under rule 3920 (4) (Arbitration—including other parties);
(w) in relation to holding a case management meeting under rule 3942 (Arbitration—case management generally);
(x) in relation to the settlement of a claim at a case management meeting under rule 3946 (Arbitration—settling of claim at case management meeting);
(y) to make directions under rule 3947 (Arbitration—settling of claim unlikely at case management meeting);
(z) to make directions under rule 3967 (2) (Registered agreement—application for amendment or cancellation);
(za) in relation to an application under rule 6439 (Service of originating application to recover unoccupied land);
(zb) in relation to an application for leave under rule 6481 (Subpoena—service on medical expert);
(zc) in relation to the making of an order under rule 6510 (9) (Service outside Australia—service in convention countries) or rule 6511 (14) (Service outside Australia—service in non-convention countries);
(zd) in relation to an application for leave under rule 6603 (Subpoena to produce—leave to serve late).
(3) The registrar may also exercise the following jurisdiction of the court:
(a) under the Bail Act 1992 , section 19;
(b) under the Civil Law (Wrongs) Act 2002 , chapter 6 (Expert medical evidence);
(c) under the following provisions of the Commercial Arbitration Act 1986 :
• section 17 (Subpoenas to attend etc)
• section 34 (2) (Costs);
(d) under the following provisions of the Magistrates Court Act 1930 :
• section 84 (1) (Particular cases may be adjourned) in relation to a proceeding in which the defendant is not in custody and the informant does not oppose bail
• section 85 (2) (b) (Proceeding if either party not present at adjourned hearing)
• section 109 (Dismissal or adjournment in absence of informant);
(e) under the following provisions of the Service and Execution of Process Act 1992 (Cwlth):
• section 11 (8) (Proof of service)
• section 17 (1) (b) (Time for appearance)
• section 30 (1) (b) (Time for service)
• section 35 (3) (Entitlement to expenses)
• section 45 (3) (Entitlement to expenses)
• section 105 (4) (Enforcement of judgments).
Note The court may order the registrar to do, or not do, an act relating to the registrar's duties (see r 6904 (Mandatory order to registrar etc)).
(4) If the registrar may exercise the jurisdiction of the court to hear and decide an application in a proceeding about a matter under subrule (2) (a), the registrar may, on the registrar's own initiative, exercise the jurisdiction of the court in relation to the matter even if there is no application.
(5) If, under this rule, the registrar may exercise the jurisdiction of the court in relation to a matter, the registrar may exercise the jurisdiction of the court to make any order the court could make, and do anything else the court could do, in relation to the matter, including making any order that the court could make, or doing anything the court could do, on its own initiative in relation to the matter.
Example of thing court could do
issue warrant
Note An example is part of these rules, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
(6) A deputy registrar may exercise the jurisdiction of the court under this rule only if authorised in writing by the Chief Magistrate.
(7) An authorisation under subrule (6) is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation Act.