Australian Capital Territory Current Regulations

COURT PROCEDURES RULES 2006 - SCHEDULE 5

Schedule 5     Jurisdiction of registrar

(see r 6250)

Part 5.1     Jurisdiction under rules in relation to applications in proceedings not exercisable by registrar of Supreme Court

column 1 item	column 2 provision , and if relevant, case	column 3 provision heading
1	282	Person with legal disability—approval of settlement etc
2	317	Third party—extent bound by judgment between plaintiff and defendant
3	706	Urgent orders before start of proceeding
4	707	Interim distribution
5	708	Interim income
6	709	Payment before finding out everyone interested
7	716	Disposal of property other than land
8	729	Division 2.9.4 order without notice etc
9	730	Division 2.9.4 order without trial
10	sdiv 2.9.4.2 (other than r 745 (Freezing orders—costs))	Freezing orders
11	sdiv 2.9.4.3 (other than r 755 (Search orders—costs))	Search orders
12	766	Receiver—agreement to act as etc
13	767	Receiver—application for order appointing
14	772	Receiver—default
15	782	Sale of land—order
16	783	Sale of land—conduct of sale
17	784	Sale of land—certificate of sale result
18	1240	Application—div 2.12.3
19	1241	Service of expert reports
20	1243	Expert evidence to be covered by expert report
21	1246	Tender of expert report
22	1505	Trial—defendant or plaintiff not appearing
23	1521	Separate decisions on questions—order
24	1530	Assessors
25	1531	Referee—referral of question etc to
26	1532	Referee—appointment
27	1533	Referee—amendment of order referring question etc
28	1536	Referee—report
29	1537	Referee—proceeding on report
30	1548	Partial judgment for damages to be assessed
31	1607	Orders—certified duplicate
32	1617	Payment into court—amount recovered by person with legal disability
33	1855	Costs—review by court
34	2220	Seizure and sale order—sale at best price obtainable
35	2406	Charging order—application to enforce charge
36	2407 (2) (b)	Charging order—procedure against partnership property for partner's separate order debt
37	2443	Enforcement—undertakings
38	2501	Contempt—applications generally
39	div 2.18.17	Enforcement—arrest warrants for absconding defendants
40	2600	Interpleader—application by stakeholder
41	2606	Interpleader—failure to give notice of claim
42	2608	Interpleader—admission of claim
43	2609	Interpleader—enforcement officer's interpleader application
44	3049, if on the registrar's report	Administration bond—addition or reduction after required but before given
45	3050, if on the registrar's report	Administration bond—addition or reduction after given
46	3051	Administration bond—proceeding on bond
47	3052	Administration bond—application by surety
48	3069 (1) to (5)	Caveat—setting aside
49	3071	Caveat—leave to withdraw
50	3081	Revocation of grant—application
51	3092 (2)	Division 3.1.9 proceeding—starting
52	3114	Failure of executor to prove will— Administration and Probate Act

, s 25
53	3115	Failure by executor, administrator or trustee to comply with beneficiary's request etc
54	3116	Grant of administration—grant to child
55	pt 3.2	Adoption
56	pt 3.5	Cross-vesting
57	3359	Disputed election—particulars of contested ballot papers
58	3362	Disputed election—substitution of plaintiff
59	3481	Registration of judgment—application to set aside
60	pt 3.9	Habeas corpus
61	3564	Judicial review—stay or dismissal of application for statutory order of review on return date
62	3566	Judicial review—power of the court to stay or dismiss applications in certain circumstances
63	4000D	Criminal proceedings—withdrawal of solicitor
64	4000E	Criminal proceedings—removal of solicitor by court
65	4020	Criminal proceedings—failure of individual to comply with subpoena etc
66	4021	Criminal proceedings—failure of corporation to comply with subpoena etc
67	4050 (1) (b)	Criminal proceedings—production of person in custody
68	4721	Supreme Court bail application in relation to accused person
69	4722	Supreme Court bail application by informant
70	4723	Supreme Court application for review of bail by unrepresented accused person
71	4750	Supreme Court criminal proceedings—application to set aside or stay proceeding
72	4751	Supreme Court criminal proceedings—application for separate trials
73	4752	Supreme Court criminal proceedings—other pre-trial applications
74	part 5.2	Appeals from registrar
75	5054	Appeals to Supreme Court—stay and reinstatement
76	5055	Appeals to Supreme Court—security for costs
77	div 5.3.2	Appeals to Supreme Court—leave to appeal
78	div 5.3.3	Appeals to Supreme Court—leave to appeal out of time
79	5101	Appeals to Supreme Court—requirements for notice of appeal etc
80	5112	Appeals to Supreme Court—cross-appeal
81	5115	Appeals to Supreme Court—notice of contention
82	5140	Appeals to Supreme Court—absence of party
83	5171	Appeals to Supreme Court—discontinuance of appeal
84	5172	Appeals to Supreme Court—competency of appeal
85	5173	Appeals to Supreme Court—costs for failure to apply for appeal to be struck out as incompetent
86	5174 (4)	Appeals to Supreme Court—dismissal by consent
87	5191	Appeals to Supreme Court—want of prosecution of appeal
88	5193	Further evidence on appeal to Supreme Court— Magistrates Court Act 1930

, s 214
89	5301	Appeals to Court of Appeal—stay and reinstatement
90	5302	Appeals to Court of Appeal—security for costs
91	div 5.4.2	Appeals to Court of Appeal—leave to appeal from interlocutory orders
92	div 5.4.3	Appeals to Court of Appeal—leave to appeal out of time from final judgments
93	5403	Appeals to Court of Appeal—requirements for notice of appeal etc
94	5405	Appeals to Court of Appeal—time for filing notice of appeal
95	5413	Appeals to Court of Appeal—cross-appeal
96	5416	Appeals to Court of Appeal—notice of contention
97	5441	Appeals to Court of Appeal—absence of party
98	5471	Appeals to Court of Appeal—discontinuance of appeal
99	5472	Appeals to Court of Appeal—competency of appeal
100	5473	Appeals to Court of Appeal—costs for failure to apply for appeal to be struck out as incompetent
101	5510 (2) and (3) (b)	Appeals to Court of Appeal—registrar's decision on application for leave to appeal out of time against conviction or sentence
102	5531	Appeals to Court of Appeal—grounds of appeal against conviction or sentence
103	5532	Appeals to Court of Appeal—trial judge's report for appeal against conviction or sentence
104	5535 (1) (b)	Appeals to Court of Appeal—order for production of prisoner
105	5536	Appeals to Court of Appeal—fine paid to be kept pending appeal
106	5538	Appeals to Court of Appeal—solicitor wants to withdraw from acting for convicted person
107	5603	Appeals to Court of Appeal—want of prosecution of appeal
108	5606	Appeals to Court of Appeal—further evidence on appeal
109	pt 5.5	Orders to review Magistrates Court decisions
110	5751	Reference appeals to Supreme Court—application for reference appeal
111	5754	Reference appeals to Supreme Court—discontinuance of reference appeal
112	5774	Reference appeals to Court of Appeal—discontinuance of reference appeal
113	5804	Special case to Supreme Court—person with legal disability
114	5807	Special case to Supreme Court—insufficient statement of case
115	5833	Special case to Court of Appeal—preparation and settling
116	6142 (3) (c)	Rejecting documents—abuse of process etc
117	6522	Application for leave to serve subpoena in New Zealand
118	6524	Application for leave to serve subpoena in New Zealand need not be served etc
119	6762	Custody of exhibits after proceeding
120	6816	Appointment of examiner
121	6817	Documents for examiner
122	6904	Mandatory order to registrar etc
123	6906, if order or certificate of judge	Mistakes in orders or court certificates
124	pt 6.10A	Trans-Tasman proceedings

Part 5.2     Jurisdiction related to Corporations Act exercisable by registrar of Supreme Court

column 1 item	column 2 provision of Corporations Act	column 3 rule in sch 6	column 4 description (for information only)
1		1.8	power to give directions
2		2.13	power to grant leave to creditor, contributory or officer to be heard in proceeding or be added as a defendant, etc
3		2.14	power to direct an inquiry in relation to a corporation's debts, etc
4	section 227		power to declare that conditions prescribed by division 3 of part 2E.1 have been satisfied
5	sections 247A and 247B		power to order inspection of books and to authorise use and copying of information
6	section 252E		power to order meeting of members of registered scheme
7	section 266 (4)		power to extend period for lodgment of notice in relation to charge
8	section 267 (3)		power to give leave to enforce charge
9	section 274		power to rectify register of charges
10	section 283AE (2) (a)		power to appoint body corporate as trustee for debenture holders
11	section 283EC		power to make an order for meeting of debenture holders to direct trustee
12	section 283HA		power to give directions or determine any questions of application of trustee for debenture holders
13	section 283HB (1)		power to make an order in relation to borrowing corporations
14	section 283HB (1) (c)		power to order security for debentures to be enforceable
15	section 411	3.3 3.4 3.5	power to make order in relation to administration of compromise or arrangement etc
16	section 418A		power to make declaration about validity of controller's appointment and in relation to control of property
17	section 419		power to make order relieving person who incurs liability in belief that properly appointed as a receiver
18	section 419A		power to relieve controller from liability
19	section 420B		power to authorise managing controller to dispose of property despite prior charge
20	section 420C		power to authorise receiver to carry on corporation's business during the winding-up
21	section 423	4.1	power to inquire into conduct of controller
22	section 424		power to give directions in relation to controller's functions and powers
23	section 425	9.1	power to fix amount of remuneration of a receiver
24	section 429 (3)		power to extend time for report
25	section 434B		power to remove redundant controller
26	section 438D		power to direct administrator to give a report
27	section 439A (6)		power to extend the convening period fixed by subsection 439A (5)
28	section 440B		power to grant leave to enforce a charge if an administrator has been appointed
29	section 440C		power to grant leave to take possession of property
30	section 440D		power to grant leave to begin or proceed with a proceeding in a court against a company that is in administration, or in relation to any of its property
31	section 440F		power to grant leave to begin or proceed with enforcement process in relation to the property of a company
32	section 440G (7)		power to authorise a court officer to take action or to make a payment that would be prohibited
33	section 440J		power to grant leave to take enforcement action under a guarantee
34	section 441D		power to limit powers of chargee in relation to charged property
35	section 441H		power to limit powers of receiver etc in relation to property used by company
36	section 442C		power to grant leave to administrator to dispose of encumbered property
37	section 443B (8)		power to grant relief of administrator from personal liability for rent
38	section 444B (2)		power to extend time for execution of deed of company arrangement
39	section 444C (2)		power to grant leave to act inconsistently with deed of company arrangement
40	section 444E (3)		power to grant leave to person bound by deed of company arrangement to begin or proceed with enforcement process in relation to property of company
41	section 444F		power to order secured creditor or owner or lessor of property not to take certain actions
42	section 445B		power to make an order cancelling a variation of a deed of company arrangement
43	section 445D		power to make order terminating a deed of company arrangement
44	section 445G		power to avoid or validate deed of company arrangement
45	section 447A		power to make order to bring administration to an end
46	section 447B		power to make order to protect interests of company's creditors during an administration
47	section 447C		power to declare whether administrator is validly appointed
48	section 447D		power to give directions to administrator
49	section 447E		power to make order about supervision of administrator of company or deed of company arrangement
50	section 449B		power to make order about removal and appointment of administrator
51	sections 449C and 449D		power to make order in relation to vacancy in office of administrator of company or in office of administrator of deed of company arrangement
52	section 449E (1) (c) and (1A) (c)	9.2	power to determine administrator's remuneration
53	section 449E (2)	9.2A	power to review administrator's remuneration
54	sections 459F, 459H, 459J, 459L, 459M and 459N		power to make order in relation to statutory demands
55	sections 459A, 459B (except in relation to applications under part 2F.1), 459C, 459D, 459P, 459R, 459S, 459T, 461, 462, 464, 465B, 465C, 466, 467, 467A and 467B (except in relation to applications under part 2F.1)	pt 6.5	power to make orders in relation to winding-up applications
56	section 468		power in relation to validation of disposition of property
57	section 468A		power in relation to authorisation of transfer of shares
58	section 470 (2) (b)		power to direct service of copy of order on another person
59	section 471B		power to give leave to begin or proceed with proceeding or enforcement process
60	section 472	5.5 6.1	power to appoint official liquidator (provisionally or otherwise)
61	section 473 (1)	7.1	power to remove liquidator
62	section 473 (2)	9.3	power to determine provisional liquidator's remuneration
63	sections 473 (3)	9.4	power to determine liquidator's remuneration
64	sections 473 (5) and (6)	9.4A	power to review liquidator's remuneration
65	section 473 (7)	7.2	power to fill vacancy in office of official liquidator
66	section 473 (8)		power to declare what may be done by liquidator, if more than 1 liquidator is appointed by the court
67	section 474 (2)		power to order that property vest in liquidator
68	section 475 (8)	7.3	power to grant leave for payment of costs and expenses incurred in preparing report under section 475
69	section 479		power to give directions in matters arising in winding-up
70	section 480	7.5	power to release liquidator and deregister company
71	section 481	7.7	power to order preparation of report on accounts of liquidator
72	section 482		power to make an order— (a)     to stay the winding up of a company either indefinitely or for a limited time; or (b)     to terminate the winding up of a company on a day specified in the order
73	section 483 (1)		power to require payment of money or transfer of property
74	section 483 (2)		power to order payment of money
75	section 483 (3)	7.8	power to order payment of a call
76	section 483 (4)		power to order payment of amount due into a bank named in the order
77	section 484	8.1 8.2 8.3	power to appoint special manager
78	section 486		power to make order for inspection of books by creditors or contributories
79	section 488 (2)	7.9	power to grant leave to distribute a surplus
80	section 490		power to grant leave to company to wind up voluntarily
81	section 495 (4)		power to make order in relation to conduct of meeting in course of members' voluntary winding-up
82	section 496 (3)		power to order that list of creditors be sent to creditors in members' voluntary winding-up
83	section 497 (3)		power to order that list of creditors be sent to creditors in creditors' voluntary winding-up
84	section 500		power to make order about execution and civil proceedings
85	section 502	7.2	power to appoint liquidator
86	section 503		power to remove liquidator
87	section 504	9.4A	power to review liquidator's remuneration in voluntary winding-up
88	section 507 (6)		power to sanction resolution to accept shares as consideration for sale of property of company
89	section 507 (9)		power to give directions necessary for arbitration
90	section 507 (10)		power to approve liquidator's exercise of powers in creditors' voluntary winding-up
91	section 509 (6)		power to order ASIC to deregister company on specified day
92	section 510 (3)		power to settle dispute about value of security or lien or amount of debt or set-off
93	section 511 (1) (a)		power to decide question in winding-up of company
94	section 511 (1) (b)		power to make order in relation to an application to the court to exercise powers which might be exercised if a company were being wound up by the court
95	section 532 (2)		power to grant leave for person to be appointed as liquidator
96	section 536	7.11 11.2 11.8	power to make order in relation to supervision of liquidators
97	section 542 (3) (a)		power to give directions in relation to destruction of books of company
98	section 543 (1)		power to make order about the investment of surplus funds
99	section 544 (2)		power to order account of funds in hands of liquidator, audit or payment of money by liquidator
100	section 545		power to direct liquidator to incur particular expense
101	section 551		power to give leave for member of committee of inspection to accept extra benefit etc
102	section 552		power to give direction or permission if no committee of inspection is appointed
103	section 554A	14.1	power to estimate or determine value of debts and claims of uncertain value in liquidation
104	section 554G		power to grant leave to secured creditor to amend valuation of security in proof of debt
105	section 564		power to make order in favour of creditors who give company indemnity for costs of litigation
106	sections 568, 568B, 568E and 568F	10.2	power to make order in relation to disclaimer of onerous property
107	sections 583 and 585	10.3	power in relation to winding up Part 5.7 bodies
108	sections 596A, 596B, 596F, 597, 597A and 597B	11.3 11.6 11.7 11.9	power to make order in relation to examinations
109	sections 600A to 600D		power to make order in relation to creditor's resolutions
110	section 601AH (2)		power to order reinstatement of registration of company
111	section 601AH (3)		power to— (a)     validate anything done between deregistration of a company and its reinstatement; and (b)     make any other order the court considers appropriate
112	section 601BJ (2)		power to approve modification in constituent documents of registered company
113	section 601CC (9)		power to order restoration of name of registered Australian body to the Register
114	section 601CL (10)		power to order restoration of name of registered foreign company to the Register
115	section 1071D (4)	12.2	power to make order in relation to a person summoned
116	section 1071F		power to make an order in relation to a company's refusal to register a share transfer
117	section 1071H (6)		power to make an order to remedy default in issuing certificate etc
118	section 1274		power to make order if failure to give, amend etc document
119	section 1303		power to order that books be available for inspection
120	section 1319		power to give directions in relation to meetings
121	section 1321	14.1	power to make order in appeal from decision of administrator, receiver or liquidator
122	section 1322		power to make order in relation to irregularities
123	section 1325D		power to make order where contravention of a provision of chapter 6 due to inadvertence
124	section 1335		power to make order about costs

Part 5.3     Jurisdiction related to ASIC Act exercisable by registrar of Supreme Court

column 1 item	column 2 provision of the ASIC Act	column 3 rule	column 4 description (for information only)
1	section 79 (4)		power to extend period to give notice of intention to have statements made at examination admitted

Part 5.4     Jurisdiction under rules in relation to applications in proceedings not exercisable by registrar of Magistrates Court

(see r 6251)

column 1 item	column 2 provision, and if relevant, case	column 3 provision heading
1	282	Person with legal disability—approval of settlement etc
2	317	Third party—extent bound by judgment between plaintiff and defendant
3	716	Disposal of property other than land
4	729	Division 2.9.4 order without notice etc
5	730	Division 2.9.4 order without trial
6	sdiv 2.9.4.2 (other than r 745 (Freezing orders—costs))	Freezing orders
7	sdiv 2.9.4.3 (other than r 755 (Search orders—costs))	Search orders
8	1240	Application—div 2.12.3
9	1241	Service of expert reports
10	1243	Expert evidence to be covered by expert report
11	1246	Tender of expert report
12	1505	Trial—defendant or plaintiff not appearing
13	1521	Separate decisions on questions—order
14	1530	Assessors
15	1531	Referee—referral of question etc to
16	1532	Referee—appointment
17	1533	Referee—amendment of order referring question etc
18	1536	Referee—report
19	1537	Referee—proceeding on report
20	1548	Partial judgment for damages to be assessed
21	1607	Orders—certified duplicate
22	1617	Payment into court—amount recovered by person with legal disability
23	1855	Costs—review by court
24	2220	Seizure and sale order—sale at best price obtainable
25	2443	Enforcement—undertakings
26	2501	Contempt—applications generally
27	2600	Interpleader—application by stakeholder
28	2606	Interpleader—failure to give notice of claim
29	2608	Interpleader—admission of claim
30	2609	Interpleader—enforcement officer's interpleader application
31	3918 (4)	Application for arbitration—discontinuance
32	3924	Arbitration—party may be represented
33	3928 (4)	Arbitration—service of medical reports
34	3930	Arbitration—doctor's evidence to be covered by medical report
35	3933 (2)	Arbitration—tender of medical report
36	3934	Arbitration—party may apply for medical referee etc
37	3937	Arbitration—assessment of worker by medical referee
38	3952 (4)	Conduct of arbitration—directions and orders if remedy against employer and stranger
39	3960 (2)	Arbitration—payment on worker's acceptance
40	3961 (3)	Arbitration—payment on dependant's etc acceptance
41	3962 (3)	Arbitration—no prompt acceptance of submission or payment
42	3965 (1)	Arbitration—setting aside or amending award
43	3967 (1)	Registered agreement—application for amendment or cancellation
44	4020	Criminal proceedings—failure of individual to comply with subpoena etc
45	4021	Criminal proceedings—failure of corporation to comply with subpoena etc
46	4050 (1) (b)	Criminal proceedings—production of person in custody
47	part 5.2	Appeals from registrar
48	6142 (3) (c)	Rejecting documents—abuse of process etc
49	6613	Documents and things in custody of court
50	6762	Custody of exhibits after proceeding
51	6816	Appointment of examiner
52	6817	Documents for examiner
53	6904	Mandatory order to registrar etc
54	6906, if order or certificate of magistrate	Mistakes in orders or court certificates
55	pt 6.10A	Trans-Tasman proceedings