Victorian Consolidated Regulations

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MAGISTRATES' COURT GENERAL CIVIL PROCEDURE RULES 2020 - REG 50.10

Powers of a registrar in relation to pre-hearing conferences

    (1)     If a proceeding or part of a proceeding is referred to a pre-hearing conference, the Court constituted by a registrar may exercise the powers of the Court under the following—

        (a)     Rule 3.02;

        (b)     Rule 9.12;

        (c)     Rule 11.05(2)(b) or 11.16;

        (d)     Rule 13.10(1), unless the sufficiency of further particulars is in issue;

        (e)     Rule 24.02;

        (f)     Rule 25.01;

        (g)     Rules 29.08, 29.11 and 29.12.1(3) unless the sufficiency of discovery is in issue;

        (h)     Rules 30.09 and 30.09.1(3) unless the sufficiency of answers to interrogatories is in issue;

              (i)     Rule 36.01, but not as to costs, except to order that the question of costs be reserved;

        (j)     Rule 36.08;

        (k)     Rule 37.01(1) for an order for inspection of property, but excluding an order for detention, custody or preservation of property;

        (l)     Rule 47.01(4);

        (m)     Rules 11.03, 11.05 and 11.06(1) of the Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2020 , except orders as to preservation of property;

        (n)     section 102(3) of the Act (to order that a complaint be heard and determined by the Court and not referred to arbitration);

        (o)     sections 65A and 65B of the Civil Procedure Act 2010 ;

        (p)     section 5 of the Judgment Debt Recovery Act 1984 on an order for the payment of money made under this Order.

    (2)     If a proceeding or part of a proceeding is referred to a pre-hearing conference, the Court constituted by a registrar may dispense with compliance with any of the requirements specified in paragraph (1), either before or after the occasion for compliance arises.

    (3)     In exercising any power referred to in paragraph (1), the Court constituted by a registrar may make an order requiring a party to file and serve a document or to perform any act and on failure to do so, may order

        (a)     if the party is a plaintiff, that the complaint be dismissed; or

        (b)     if the party is a defendant, that the party's notice of defence be struck out.



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