Victorian Numbered Regulations Victorian Numbered RegulationsAfter Order 83 of the Principal Rules insert —
In this Order, a reference to a determination is a reference to a judgment, order or direction.
(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;
(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;
(k) an application under any provision of Order 72 (attachment of earnings).
(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.
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 of these Rules and in Chapter V of the Rules of the Supreme Court.
(1) If a matter before a Judge of the Court, which matter would not otherwise be within the authority of a judicial registrar, appears to the Judge to be proper for determination by a judicial registrar, the Judge, by order, may refer the matter to a judicial registrar.
(2) If a Judge of the Court refers a matter to a judicial registrar, the judicial registrar may—
(a) hear and determine the matter, subject to any directions in the order referring the matter; or
(b) refer the matter back to the Judge for determination.
(3) In hearing and determining a matter referred by a Judge of the Court to a judicial registrar—
(a) the judicial registrar constitutes the Court for that purpose; and
(b) subject to any directions in the order referring the matter, all the powers of the Court in relation to the hearing and determination of such a matter are delegated to the judicial registrar.
(4) Despite paragraph (1), a Judge of the Court shall not refer to a judicial registrar any matter under Part 2 or Part 2A of the Confiscation Act 1997 .
(1) If a matter before an Associate Judge, which matter would not otherwise be within the authority of a judicial registrar, appears to the Associate Judge to be proper for determination by a judicial registrar, the Associate Judge, by order, may refer the matter to a judicial registrar.
(2) If an Associate Judge refers a matter to a judicial registrar, the judicial registrar may—
(a) hear and determine the matter, subject to any directions in the order referring the matter; or
(b) refer the matter back to the Associate Judge for determination.
(3) In hearing and determining a matter referred by an Associate Judge to a judicial registrar—
(a) the judicial registrar constitutes the Court for that purpose; and
(b) subject to any directions in the order referring the matter, all the powers of the Court in relation to the hearing and determination of such a matter are delegated to the judicial registrar.
(4) Despite paragraph (1), an Associate Judge shall not refer to a judicial registrar any matter referred to an Associate Judge under Rule 77.05.
(1) Subject to paragraph (2), this Rule applies to any determination given or made by the Court constituted by a judicial registrar (including a determination in a matter referred to a judicial registrar under Rule 84.03 or 84.04).
(2) This Rule does not apply to any determination given or made or any other thing done by a judicial registrar where the judicial registrar is—
(a) acting as a judicial registrar in the Costs Court pursuant to Division 2B of Part 2 of the Act;
(b) acting as the Registrar of the Court of Appeal or as the Registrar of Criminal Appeals pursuant to Division 2B of Part 7 of the Act; or
(c) acting as the proper officer of the Court for the purposes of the Judgment Debt Recovery Act 1984 .
(3) Subject to sections 14A and 17A of the Act and without limiting section 11(5) of the Act, an appeal from any determination to which this Rule applies lies to the Trial Division constituted by a Judge of the Court, except in the case of a determination of the Court of Appeal constituted by a judicial registrar in which case an appeal lies to the Court of Appeal constituted by a Judge of Appeal.
(4) An appeal under this Rule shall be conducted by way of hearing de novo.
(5) An appeal under this Rule shall be—
(a) brought by filing a notice of appeal in accordance with this Order; and
(b) otherwise in accordance with this Order.
(1) A notice of appeal, including a notice of appeal from a determination of a judicial registrar dismissing an application made without notice to any person, shall be filed—
(a) within 14 days after the determination was given or made; or
(b) if leave to appeal is necessary, within 14 days of leave being granted.
(2) If leave to appeal is necessary, an application for leave to appeal shall be made within 14 days after the determination of the judicial registrar was given or made.
(3) An application for leave to appeal shall be made by summons supported by affidavit and a draft notice of appeal shall be exhibited to the affidavit.
(4) On an application for leave to appeal, the Court shall be constituted in the same way as it would be constituted for an appeal from the determination of the judicial registrar.
(5) If the Court as so constituted thinks fit, the hearing of an application for leave to appeal may be treated as the hearing of the appeal.
(1) A notice of appeal shall state—
(a) whether the whole or part only and, if as to part, which part, of the determination is the subject of the appeal; and
(b) what determination is sought in place of the determination from which the appeal is brought.
(2) A notice of appeal shall name each party or person upon whom it is proposed to serve the notice of appeal.
(3) In the case of an appeal to the Trial Division constituted by a Judge of the Court, a notice of appeal may be amended at any time by leave of a Judge of the Court or an Associate Judge.
(4) In the case of an appeal to the Court of Appeal constituted by a Judge of Appeal, a notice of appeal may be amended at any time by leave of a Judge of Appeal or an Associate Judge.
(1) Subject to paragraph (2), a copy of the notice of appeal shall be served on all parties affected by the appeal within five days of the filing of the notice of appeal.
(2) A copy of a notice of appeal from a determination of a judicial registrar dismissing an application made without notice to any person shall not be served.
(3) Despite paragraphs (1) and (2), a Judge of the Court (in the case of an appeal to the Trial Division constituted by a Judge of the Court) or a Judge of Appeal (in the case of an appeal to the Court of Appeal constituted by a Judge of Appeal) may direct that a copy of the notice of appeal be served on—
(a) any party to the proceeding; or
(b) a person not a party—
and may specify a time to be allowed for such service.
(4) A copy of the notice of appeal may be served on a party personally or at the party's address for service under these Rules, including Rule 1.19.
(5) Where a copy of the notice of appeal is served on a person not a party—
(a) that person shall not take any step in the appeal without first filing and serving a notice of address for service in Form 84A; and
(b) on the appeal, the Court may give or make any determination that might have been given or made if the person served with the notice of appeal had been originally a party.
A Judge of the Court or an Associate Judge (in the case of an appeal to the Trial Division constituted by a Judge of the Court) or a Judge of Appeal or an Associate Judge (in the case of an appeal to the Court of Appeal constituted by a Judge of Appeal) may extend the time allowed by or under this Order for the filing of a notice of appeal or for the service of a copy of the notice of appeal, either before or after the expiry of that time.
On the appeal, each party may, subject to any proper objections to admissibility—
(a) rely upon any affidavit used before the judicial registrar and upon any evidence given orally before the judicial registrar;
(b) by leave of the Court, rely upon an affidavit or oral evidence not used or given before the judicial registrar.
If leave to appeal is necessary and a notice of appeal is filed before leave has been granted, any person on whom a copy of the notice of appeal has been served may apply for an order dismissing the appeal as incompetent—
(a) in the case of an appeal to the Trial Division, to a Judge of the Court; or
(b) in the case of an appeal to the Court of Appeal, to a Judge of Appeal.
Except so far as the Court otherwise orders, an appeal under Rule 84.05 shall not operate as a stay of execution or of proceedings under the determination by the judicial registrar.
If circumstances so require, a judicial registrar may hear and determine an application instead of the judicial registrar by whom it would otherwise be heard and determined.
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