Delegation to Registrar

Delegation to Registrars under section 13 of the Civil Procedure Act 2005 and Rule 2.4 of the Industrial Relations Commission Rules 2009

Pursuant to section 13 of the Civil Procedure Act 2005 and Part 2.4 of the Industrial Relations Commission Rules 2009, I direct with effect from 1 November 2018 that an Industrial Registrar of the Industrial Relations Commission (including a person acting as the Industrial Registrar or as a Deputy to the Industrial Registrar) may exercise the functions of the Industrial Relations Commission as stated in Parts 1 to 3 of the schedule to this direction. 

P M Kite SC

Chief Commissioner

Industrial Relations Commission

SCHEDULE

Part 1 

The functions of the Commission 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 

Section Description Restriction
Section 14 Dispense with rules in particular cases Restricted to those matters which a registrar may deal with
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 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 98 Costs Restricted to those matters which a registrar may deal with unless the matter has been referred in accordance with Part 3 of this Schedule


Uniform Civil Procedure Rules 2005

Section Description Restriction
Rule 1.12 Extension and abridgment of time
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 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 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 Commission
Rule 10.14 Substituted and informal service
Rule 10.16 Service on person in default by filing
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 dispatch by plaintiff Provided at least one month's notice of the proposal to make such an order has been given to the plaintiff
Rule 12.10 Stay to secure costs after dismissal
Rule 13.6 Dismiss for non-appearance of plaintiff
Part 15 Particulars Except for an order to dismiss the proceedings under UCPR 15.16
Part 18 Motions Restricted to those matters which a registrar may deal with
Part 19 Amendment
Part 21 Discovery/Inspection/Production in respect of proceedings before the Commission to the extent to which the Commission has ordered that this Part apply
Rule 28.5 Consolidation, etc
Rule 29.3 Time and place of trial
Rule 31.4 Service of witness statements
Part 33 Subpoenas
Part 34 Notice to produce at hearing in respect of proceedings before the Commission to the extent to which the Commission has ordered that this Part apply
Rule 35.1 Using irregular affidavit in respect of proceedings before the Commission to the extent to which the Commission has ordered that this Part apply
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 specific 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"
Rule 36.18 Variation of judgment or order against party operating under unregistered business name

Part 2 

The functions of the Commission are provided for in Column 1 but subject to the restrictions (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 


Industrial Relations Act 1996

Part and/or section Description Description
Section 170 Amendments and Irregularity of proceedings

 
Industrial Relations Commission Rules 2009

Part and/or section Description Restriction
Rule 2.7 Access to documents Subject to any Practice Note issued by the President/Chief Commissioner
Rule 8.8 Appeal Books

Part 3 General

1 Any judgment by consent and any order by consent. 

2 Accepting an undertaking given to the Commission for the payment of a sum of money within a time specified in the undertaking. 

3 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. 

4 On any matter remitted by the Commission, where the only question for hearing is the amount to be recovered and costs.

5 On any matter remitted by the Commission, where the only question for hearing is the matter of costs.

6 Accepting an undertaking, or the continuation of an undertaking, given to the Commission. 

7 A registrar may exercise the functions of the Commission 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.

8 Call-overs, directions hearings, readiness hearings, pre-hearing conferences, the recording of pleas and setting matters down before the Commission.

9 Issuing summons for production or to attend and give evidence.

10 The return of summons for production.

Last updated:

14 Dec 2020

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