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Schedule
As detailed below or download the Schedule as a PDF.
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.
Civil Procedure Act 2005
Uniform Civil Procedure Rules 2005
Column 1 | Column 2 | Column 3 |
Section | Description | Restriction |
Section 14 | Dispense with rules in particular cases | Restricted to those matters which a registrar may deal with |
Section 26(1) | Referral to mediation | By consent of the parties or expressly unopposed |
Section 38(1) | Referral to arbitration | |
Section 43 | Order for rehearing of arbitration | |
Section 45 | Discontinuance of rehearing | |
Section 61(1), (2), and (3)(f) and (g) | Directions as to practice and procedure | |
Section 64 | Amendment of documents | |
Section 65 | Amendment of originating process after expiration of limitations period | |
Section 66 | Adjournment of proceedings | |
Section 67 | Stay of proceedings | Restricted to those matters which a registrar may deal with |
Section 68 | Attendance and production | |
Section 86 | Orders and terms | Restricted to those matters which a registrar may deal with |
Section 93 (2) | Judgment for Detention of Goods | Restricted to default judgments |
Section 98 | Costs | Restricted to those matters which a registrar may deal with |
Section 100 | Interest up to judgment | In respect of a judgment given or entered under Part 16 of the Rules |
Section 101 | Interest after judgment | In respect of a judgment given or entered under Part 16 of the Rules |
Section 107 | Deferral of payments and payments by instalments | |
Section 108 | Order for examination of judgment debtor | |
Section 134 | Extension of period of enforcement of stale judgment | |
Section 135(2)(b) | Prohibit Sheriff from acting on writ of execution | Restricted to a writ of execution issued pursuant to a judgment given by default |
Section 140 | Transfer of proceedings from the District Court or a Local Court | Only if by consent or expressly unopposed |
Section 146 | Transfer of proceedings to the District Court or a Local Court | On if by consent or expressly unopposed |
Part 2 Supreme Court Rules
The functions of the Court as provided for in Column 1 but subject to the restriction (if any) mentioned in Column 3.
Column 1 | Column 2 |
Column 3 |
Section | Description |
Restriction |
Rule 1.9 | Objections to production of documents | Restricted to those matters which a registrar may deal with |
Rule 1.12 | Extension and abridgment of time | Excluding abridging time for service of a summons |
Rule 1.13 | Fixing time | |
Part 2 | Case management generally | Except a direction or order the subject of a restriction elsewhere in this direction. |
Rule 4.10(4) | Rejection of documents | |
Rule 4.13 | Place for filing | |
Part 5 | Preliminary discovery | |
Rule 6.1 | Leave to take step without filing appearance | |
Rule 6.5 | Continuation of proceedings wrongly commenced by Statement of Claim | |
Rule 6.6 | Continuation of proceedings wrongly commenced by Summons | |
Rule 6.16 | Postpone return day in summons | |
Rule 6.18 | Leave to join causes of action | |
Rule 6.19 | Leave to join parties in proceedings involving common questions | |
Rule 6.20 | Leave to join parties having joint entitlement | |
Rule 6.21 | Stay proceedings until jointly liable persons added as defendants | |
Rule 6.22 | Order separate trials or other order to avoid inconvenient joinder | |
Rule 6.24 | Order addition of parties | |
Rule 6.27 and 6.28 | Join third party and determine date of commencement of proceedings relating to them | |
Rule 6.29 | Order removal of party | |
Rules 6.30 and 6.31 | Effect of change of party in proceedings | |
Rule 6.32 | Future conduct of proceedings | |
Rule 7.3 | Leave to an unrepresented litigant to issue subpoena | |
Rule 7.15(5) | Leave to replace tutor in proceedings | |
Rule 7.18 | Appointment and removal of tutor | |
Rule 7.21 | Striking out appearance of person sued in a business name | |
Rule 7.22 | Leave to proceed before amendment made | |
Rule 7.29 | Withdrawal of solicitor | |
Rule 9.1 | Making of cross-claim | |
Rule 9.8(a) | Leave to separately determine cross-claims | |
Rule 9.9 | Leave for proceedings to continue together | |
Rule 10.1 | Service of filed documents | |
Rule 10.2 | Service of affidavits | Restricted to those matters which a registrar may deal with |
Rule 10.7 | Orders as to the giving of notice by the Court | |
Rule 10.14 | Substituted and informal service | |
Rule 10.15 | Possession of land; service by affixing copy of originating process | |
Rule 10.16 | Service on person in default by filing | |
Rule 11.8AA | Leave to proceed when originating process served outside Australia | |
Rule 11.8AB | Leave to serve documents outside Australia and confirmation thereof | |
Rule 12.1 and 12.3 | Leave to discontinue | |
Rule 12.4 | Stay of further proceedings to secure costs of discontinuance of proceedings | |
Rule 12.5 | Leave to withdraw an appearance | |
Rule 12.7(1) | Dismiss proceedings for want of due despatch by plaintiff | Provided at least one month's notice of the proposal to make such an order has been given to the plaintiff |
Rule 12.8 | Other grounds for dismissal | |
Rule 12.10 | Stay to secure costs after dismissal | |
Rule 13.6 | Dismiss for non appearance of plaintiff | |
Rule 14.2 | Dispense with further pleadings | |
Rule 14.3 | Time for filing defence | |
Rule 14.5 | Further pleadings | |
Rules 14.22 – 14.24 | Verification of pleadings | |
Part 15 | Particulars | Except for an order to dismissal the proceedings under UCPR 15.16 |
Part 16 | Default judgment | |
Part 18 | Motions | Restricted to those matters which a registrar may deal with |
Part 19 | Amendment | |
Rules 20.2 and 20.3 | Directions about mediation | |
Rules 20.9 – 20.12 | Arbitration | |
Rule 20.34 | Acknowledgement of a liquidated claim | |
Part 21 | Discovery/Inspection/Production | |
Part 22 | Interrogatories | |
Rule 23.4 | Order for medical examination | |
Rule 23.7 | Order for rehabilitation test | |
Rule 23.8 | Inspection of property | |
Rule 23.9 | Default in compliance under Part 23 | Except 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 |
Rules 24.3, 6, 9, and 14 | Taking evidence otherwise than at trial | Except where the order is made under section 7 or section 10 of the Foreign Evidence Act |
Rules 26.3, 4, 5, and 8 | Receivers | |
Rule 28.5 | Consolidation, etc | |
Rule 31.4 | Service of witness statements | |
Rule 31.5 | Notice under s 67 or s 99 of the Evidence Act | |
Rule 31. 19 | Directions before calling expert witnesses | |
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 specified 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" | Restricted to those matters which a registrar may deal with |
Rule 36.18 | Variation of judgment or order against party operating under unregistered business name | |
Rule 37.4 | Instalment Orders | |
Rule 37.6 | Variation of Instalment Orders | |
Rules 38.1 – 38.5 | Examination of judgment debtor | |
Rule 38.7 | Application of Part to persons that are corporations | |
Part 39 | Enforcement of judgments | |
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 or Associate Judge |
Rule 42.19 | Costs of Discontinued Proceedings | |
Rule 42.21 | Security for costs | |
Rule 42.28 | Costs on Instalment Orders | |
Rule 45.2 | Entry and Removal from specialist list | Except for Commercial List and Technology and Construction List matters |
Part 46 | Accounts and Enquiries | Except UCPR 46.12(4)(b) |
Rule 49.22 | Stay registrar's decision | Limited to staying the decision under review |
Column 1 | Column 2 | Column 3 |
Part and/or rule | Description | Restriction |
Part 51B— | ||
Rule 5 (8) | Direction concerning filing of affidavit | |
Rule 9 | Direction concerning filing of affidavit | |
Part 58 | Taking evidence for foreign and Australian courts and tribunals | |
Part 59A | Enforcement of external judgments | |
Part 68— | ||
Rule 2 (2) (c) (ii) | Administration of estates: determination of question | |
Part 71A— | ||
Rule 6 (2) | Notifying the Sheriff of change in interest rate | |
Rule 7 | Assessment of costs and expenses | |
Part 80 - | | |
Rule 18 (4) | Time for advertising winding up application | |
Rule 21 (1) | Order substituting plaintiff | |
Rule 62 | Examination of person concerned with corporation | |
Part 80A— | ||
Rule 36 | Examination of persons concerned with corporations |
Part 3 General
1) Orders under the following legislation as provided – The matter in column 2 is inserted for convenience of reference only and does not affect the operation of the direction.
Provision | Description (for information only) | Restriction |
| | |
Section 7(1), (1A) | Certification of debt by court | |
| | |
Section 36A | Power to direct division of chattels | Registrar to exercise this power only with the consent of the parties |
Section 55(2A),(3) | Right of purchaser to recover deposit etc | Registrar to exercise this power only with the consent of the parties |
Section 63(3) | Covenants to produce implied by schedule of documents | |
Section 115(6) | Powers, remuneration and duties of receiver | |
Section 170(1)(d) | Regulations respecting notices | |
CO-OPERATIVES ACT 1992 (NSW) | | |
Section 105E | General powers of the Court | Registrar to exercise this power only with the consent of the parties |
Sch 4, cl 10 | Remuneration of a receiver, etc | |
CORPORATIONS ACT 2001 (Cth) | | |
Section 425 | Fix a receiver's remuneration | |
Subsection 429 (3) | Extend the period for submission of a controller's report | |
Section 440D (1) | Grant leave to begin or proceed with a proceeding in a court against a company which is in administration, or in relation to any of its property | Where the application is not opposed |
Section 449C | Appoint an administrator of a company in administration where there is a casual vacancy | Where the application is not opposed |
Former subsection 449E (1) | Fix the remuneration of an administrator of a company, or of a deed of company arrangement | |
Sections 459A and 459B (except in respect of applications under s 234) | Order that an insolvent company be wound up in insolvency on an application made under s 459P, s 462 or s 464. | Where the application is not opposed |
Section 459R | Extend the period within which an application for a company to be wound up in insolvency must be determined | |
Section 461 | Order the winding up of a company | Where the application is not opposed |
Section 465B | Substitute an applicant or applicants in an application under s 459P, 462 or 464 | |
Section 465C | Grant leave to oppose an application under s 459P, 462 or 464 notwithstanding failure to file and serve notice of grounds of opposition and an affidavit verifying | |
Subsections 466 (2) and (4) | Otherwise order in respect of reimbursement of the applicant's costs, and payment of the costs incurred by a company or liquidator as applicant | Where the Registrar makes the relevant winding-up order |
Section 467 | Dismiss, adjourn or make an interim order in a winding up application | Where the Registrar has power to make a final order on the application |
Paragraph 470 (2) (b) | Direct service of copy of order on another person | Where the Registrar makes the relevant winding up order |
Section 471B | Grant leave to begin or proceed with a proceeding in a court or enforcement process against a company being wound up by the Court or in relation to its property | Where the application is not opposed |
Section 472 (1) | Appoint official liquidator | Where the Registrar makes the relevant winding up order |
Section 472 (6) | Declare whether anything to be done by liquidator is to be done by all or any one of appointees, where more than one liquidator is appointed by the Court | Where the Registrar appoints the liquidator |
Former subsection 473 (1) | Remove a liquidator appointed by the Court | Where the application is not opposed |
Former subsection 473 (2) | Determine provisional liquidator's remuneration | |
Former subsection 473 (3) | Determine remuneration of liquidator | |
Subsection 473A (1) | Fill vacancy in office of official liquidator in a winding up by the Court | Where the application is not opposed |
Subsection 473A (4) | Declare whether anything to be done by liquidator is to be done by all or any one or more of appointees, where more than one liquidator is appointed by the Court | Where the Registrar appoints the liquidators |
Section 480 | Release liquidator and deregister company | |
Subsection 481 (1) | Order preparation of report on accounts of liquidator | |
Subsection 482 (1) | Order staying the winding up of a company for a limited time | Where the winding-up order was made by a Registrar |
Paragraph 484 (2) (b) | Fix remuneration of special manager | |
Section 486 | Order for inspection of books of company by creditors or contributories in a winding up by the Court | |
Section 500 (2) | Leave to proceed with or commence action or other civil proceeding against company subject to creditors' voluntary winding up | Where the application is not opposed |
Former paragraph 542 (3) (a) | Directions abridging the period for which books of the company must be retained | |
Paragraph 585 (b) | Approval or direction in respect of manner of service of notice to Part 5.7 body of institution of action or proceeding against member | |
Sections 596A, 596B | Summon a person for examination about a corporation's examinable affairs | |
Section 596F | Directions about examination | |
Section 597, except subsection (15) | Conduct of examination | |
Subsections 601AH (2) | Order that ASIC reinstate registration of a company | Where notice of the application has been served on ASIC and the application is not opposed by ASIC or any other person |
Subsection 601CC (9) | Order directing restoration of name of registered Australian body to the Register, and associated directions | Where notice of the application has been served on ASIC and the application is not opposed by ASIC or any other person |
Subsection 601CL (10) | Order directing restoration of name of registered foreign company to the Register, and associated directions | Where notice of the application has been served on ASIC and the application is not opposed by ASIC or any other person |
Section 1335 | Require security to be given for costs | |
Div 60 of the Insolvency Practice Schedule (Corporations) | Fix remuneration of external administrators | |
Div 70 of the Insolvency Practice Schedule (Corporations) | Directions abridging the period for which books of the company must be retained | |
Div 90 of the Insolvency Practice Schedule (Corporations) | Fill a vacancy in the office of an external administrator | |
Div 90 of the Insolvency Practice Schedule (Corporations) | Remove and replace external administrator | Where the application is not opposed |
EVIDENCE ACT 1995 (NSW) | | |
Section 168(2),(4),(7) | Time limits for making certain requests | |
Section 177(3) | Certificates of expert evidence | |
Section 193(1) | Additional powers | |
EVIDENCE AND PROCEDURE (NEW ZEALAND) ACT 1994 (Cth) | | |
Section 16 | Non‑compliance with subpoenas | |
FOREIGN JUDGMENTS ACT 1991 (Cth) | | |
Section 6 | Application for, and effect of, registration of foreign judgments | |
Section 7 | Setting aside a registered judgment | Registrar to exercise this power only with the consent of the parties |
Section 15(1) | Issue of certificates of judgments obtained in Australian courts | Registrar to exercise this power only with the consent of the parties |
MOTOR VEHICLES (THIRD PARTY INSURANCE) ACT 1942 (NSW) | | |
Section 14E(1),(2) | Joint hearing of certain proceedings | Registrar to exercise this power only with the consent of the parties |
| | |
Section 29 | Subpoenas may be served in any part of Australia | |
Section 30(1) | Time for service | |
Section 35(3) | Entitlement to expenses | |
Section 45(3) | Entitlement to expenses | |
Section 87(4) | Entitlement to expenses | |
SUCCESSION ACT 2006 (NSW) | | |
Section 58(2) | Application for extension of time | Registrar to exercise this power only with the consent of the parties, excluding cases in which settlement requires approval |
SUPREME COURT ACT 1970 (NSW) | | |
Section 72 | Production for examination of a person confined | |
SUPREME COURT (CORPORATIONS) RULES 1999 (NSW) | | |
r 2.12 | Proof of publication | Where application is being heard by the registrar |
r 2.13 | Where application is being heard by the registrar | |
r 11.3(7) | Access to an affidavit filed to support an application for an examination summons | |
r 11.4 | Service of an examination summons | |
r 11.8(1) | Access to transcript of an examination, etc. | |
UNCOLLECTED GOODS ACT 1995 (NSW) | | |
Section 18 | Exercising the jurisdiction of the Court, including granting leave under subsection (1) |
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) The vouching or passing of the account of a receiver, manager, guardian, trustee, mortgagee or other fiduciary or the taking of any account, the making of any inquiry or the doing of any other thing to which Uniform Civil Procedure Rules Part 46 applies and which is directed by any judgment or order. (This paragraph does not apply in relation to accounts referred to in section 85 of the Probate and Administration Act 1898,)
5) 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.
6) Order for costs provided it is unlikely in the opinion of the registrar that the costs will exceed $20,000.
7) Any matter which a Judge or an Associate Judge may conduct or deal with and is referred to a registrar by order of a Judge or Associate Judge.
8) Accepting an undertaking, or the continuation of an undertaking, given to the Court.
9) A registrar may exercise the functions of the Court 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.
10) A registrar may exercise the powers and perform the duties of the Court under the Mutual Recognition Act or under the Trans-Tasman Mutual Recognition Act.
11) Issuing subpoena.
Note: Powers of the Registrar in Probate continue as specified in Supreme Court Rules Pt78.
02 Sep 2023
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