Victorian Consolidated Regulations Victorian Consolidated Regulations(1) Without limiting any other powers of a judicial registrar, a judicial registrar may, subject to this Order, hear and determine—
(a) an application under Rule 5.12 to extend the period of validity for service of a writ or an originating motion that has not been served;
(b) an application under Rule 6.10 for substituted service;
(c) an application under Rule 9.09 to change a party on death, bankruptcy, assignment or transmission;
(d) an application under Rule 20.03 (except paragraph (4)) for leave for a solicitor to cease to act for a party in a proceeding;
Rule 84.02(1)(da) inserted by S.R. No. 108/2016 rule 20(1).
(da) an application under section 134AB(30) and (31) of the Accident Compensation Act 1985 ;
Rule 84.02(1)(db) inserted by S.R. No. 108/2016 rule 20(1).
(db) an application under section 344(6) and (7) of the Workplace Injury Rehabilitation and Compensation Act 2013 ;
(e) an application under Rule 67.02 or 67.03 for an order that a person bound by a judgment attend for examination or produce documents or things;
(f) an application under Rule 68.02 for leave to issue a warrant of execution;
(g) an application under Rule 68.05 to extend the period of validity of a warrant of execution;
(h) an application under Rule 69.03 for leave to issue a warrant while another warrant issued in respect of the same judgment is in force;
(i) an application under Rule 69.06(5) to dispense with service of a copy of an advertisement for sale by the sheriff;
(j) an application under Rule 71.04 for the filing and service of a garnishee summons;
Rule 84.02(1)(k) amended by S.R. No. 124/2019 rule 49(1).
(k) an application under any provision of Order 72 (attachment of earnings);
Rule 84.02(1)(l) inserted by S.R. No. 124/2019 rule 49(2).
(l) an application under Subdivision 3 of Division 7 of Part I of the Administration and Probate Act 1958 (commission to executors, administrators and trustees of deceased persons).
(2) For the purposes of hearing and determining an application referred to in paragraph (1)—
(a) the judicial registrar constitutes the Court; and
(b) all the powers of the Court in relation to the hearing and determination of such an application are delegated to the judicial registrar.
Rule 84.02(3) inserted by S.R. No. 108/2016 rule 20(2), amended by S.R. No. 32/2018 rule 18(1)(a).
(3) Subject to this Order, a judicial registrar may hear and determine—
(a) an application under, or a matter constituted by a proposed exercise (whether on the Court's own motion or otherwise) of the Court's powers under,—
(i) section 47 (except subsection (3)(f)), 48, 50, 50A (except subsection (1)(b)), 52, 65I or 66 of the Civil Procedure Act 2010 ;
(ii) Order 34;
Rule 84.02(3)(a)(iii) substituted by S.R. No. 32/2018 rule 18(1)(b).
(iii) Order 48, except Rule 48.04(1)(b) and (2)(b);
Rule 84.02(3)(a)(iv) inserted by S.R. No. 32/2018 rule 18(1)(b).
(iv) Rule 56.04(3) or Rule 56.05;
Rule 84.02(3)(a)(v) inserted by S.R. No. 32/2018 rule 18(1)(b).
(v) Part 3 of Order 58, except Rule 58.10(7)(b), (8) and (9);
Rule 84.02(3)(a)(vi) inserted by S.R. No. 32/2018 rule 18(1)(b).
(vi) Part 7 of Order 58, except Rule 58.39(7)(b), (8) and (9); or
Rule 84.02(3)(a)(vii) inserted by S.R. No. 32/2018 rule 18(1)(b).
(vii) Order 4 of Chapter II of the Rules of the Supreme Court, except Rule 4.08(7)(b), (8) and (9) of that Chapter;
Rule 84.02(3)(a)(viii)inserted by S.R. No. 38/2019 rule 6.
(viii) Part 6 of the Courts (Case Transfer) Act 1991 ;
Rule 84.02(3)(a)(ix) inserted by S.R. No. 38/2019 rule 6.
(ix) Rule 41.01;
(b) an application for an order for the payment, or taxation and payment, of costs, including any reserved costs;
(c) an application made by consent of the parties for—
(i) judgment for the recovery of any debt or damages together with interest or damages in the nature of interest;
(ii) an order for the striking out or dismissal of the proceeding;
(iii) an order for the payment out of Court of money paid into Court (other than money paid into Court for the benefit of a person under disability);
(iv) an order staying the execution of any judgment or order.
Rule 84.02(4) inserted by S.R. No. 108/2016 rule 20(2).
(4) Nothing in paragraph (3) authorises a judicial registrar—
(a) to hear or determine any application or other matter which (without referral under Rule 77.05) would not be within the authority of an Associate Judge;
(b) to conduct the trial of a proceeding;
(c) to give any judgment or make any order at the trial of a proceeding.
Rule 84.02(5) inserted by S.R. No. 108/2016 rule 20(2).
(5) For the purposes of hearing and determining any application or other matter referred to in paragraph (3)—
(a) the judicial registrar constitutes the Court; and
(b) all the powers of the Court in relation to the hearing and determination of such a matter are delegated to the judicial registrar.
Note to rule 84.02 amended by S.R. No. 32/2018 rule 18(2).
Note
A judicial registrar in the Costs Court may perform the functions and exercise the powers conferred on a judicial registrar by and under Division 2B of Part 2 of the Act. A judicial registrar who is the Registrar of the Court of Appeal has the duties, powers and authorities imposed or conferred on the Registrar of the Court of Appeal by or under section 113O of the Act and Order 64 of these Rules. A judicial registrar who is the Registrar of Criminal Appeals has the duties, powers and authorities imposed or conferred on the Registrar of Criminal Appeals by or under section 113P of the Act and Chapter VI of the Rules of the Supreme Court.
By virtue of Order 61 of these Rules, a judicial registrar is the proper officer of the Court for the purposes of the Judgment Debt Recovery Act 1984 and in that capacity has the powers and duties conferred by Order 61 on a judicial registrar.
See also the further powers of a judicial registrar set out in Order 67 or Order 79 of these Rules and in Chapter V of the Rules of the Supreme Court.
Additional powers are conferred on judicial registrars under Order 3A of Chapter VI of the Rules of the Supreme Court and under Part 3 of Order 4 of that Chapter.