Magistrates' Court (Judicial Registrars) Rules 2015
S.R. No. 154/2015
TABLE OF PROVISIONS
Rule
Page
Part 1—Preliminary
1
2
3
4
5
1
Object
Authorising provisions
Commencement
Revocation
Definition
1
1
1
2
2
Part 2—Powers of judicial registrars
3
Division 1—Criminal matters
3
6
7
Criminal proceedings and related proceedings that may be
dealt with by judicial registrars
Powers of judicial registrars in certain criminal proceedings
and certain related proceedings
Division 2—Civil matters
8
9
10
11
12
13
15
Civil proceedings that may be dealt with by judicial registrars
Judicial registrars may make final orders by consent
Judicial registrars cannot deal with claims for equitable relief
in any proceeding
Restrictions on certain powers of judicial registrars in civil
proceedings
Judicial registrars cannot deal with proceedings under the
Family Violence Protection Act 2008 or Family Law Act 1975
Judicial registrars cannot exercise powers under Part 8 of the
Personal Safety Intervention Orders Act 2010
5
7
7
7
8
8
8
Judicial registrars may deal with and exercise the powers of a
registrar
Judicial registrars constitute and are delegated the powers of
the Court
Part 3—Review of determinations of judicial registrars
16
4
5
Division 3—General
14
3
Review of determination of Court constituted by judicial
registrar
i
8
9
10
10
Rule
17
18
19
Page
Stay
Direction for review of determination operates as stay of order
of judicial registrar
Notification of direction for review
Form 1—Application for review
10
11
11
12
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Endnotes
14
ii
STATUTORY RULES 2015
S.R. No. 154/2015
Magistrates' Court Act 1989
Magistrates' Court (Judicial Registrars) Rules 2015
The Chief Magistrate together with 2 Deputy Chief
Magistrates jointly make the following Rules:
Part 1—Preliminary
1 Object
The object of these Rules is—
(a) to prescribe proceedings that may be dealt
with by the Court constituted by a judicial
registrar; and
(b) to delegate to judicial registrars some of the
powers of the Court; and
(c) to establish a procedure for the review by the
Court of a hearing and determination of a
proceeding by the Court constituted by a
judicial registrar.
2 Authorising provisions
These Rules are made under sections 16 and 16I
of the Magistrates' Court Act 1989 and all other
enabling powers.
3 Commencement
These Rules come into operation on 14 December
2015.
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Magistrates' Court (Judicial Registrars) Rules 2015
S.R. No. 154/2015
Part 1—Preliminary
4 Revocation
The following Rules are revoked—
(a) the Magistrates' Court (Judicial Registrars)
Rules 20051;
(b) the Magistrates' Court (Judicial Registrars)
(Amendment) Rules 20072;
(c) the Magistrates' Court (Judicial Registrars)
Amendment Rules 20093;
(d) the Magistrates' Court (Judicial Registrars)
Amendment Rules 20104;
(e) the Magistrates' Court (Reference
Amendment) Rules 20115;
(f) the Magistrates' Court Miscellaneous
Amendment Rules 20116;
(g) the Magistrates' Court (Judicial Registrars)
Amendment Rules 20127;
(h) the Magistrates' Court (Judicial Registrars)
Amendment Rules 20138;
(i) the Magistrates' Court (Judicial Registrars)
(Personal Safety Intervention Orders
Amendment) Rules 20149;
(j) the Magistrates' Court (Judicial Registrars)
Amendment Rules 201410;
(k) the Magistrates' Court (Judicial Registrars)
Amendment Rules 201511.
5 Definition
In these Rules—
the Act means the Magistrates' Court Act 1989.
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S.R. No. 154/2015
Part 2—Powers of judicial registrars
Part 2—Powers of judicial registrars
Division 1—Criminal matters
6 Criminal proceedings and related proceedings that
may be dealt with by judicial registrars
A judicial registrar may deal with and exercise all
or any powers of the Court in any of the following
proceedings—
(a) a proceeding under Division 3 of Part 4 of
the Act in relation to which a registrar may
exercise a power under that Division;
(b) a proceeding dealing with any article,
thing or material brought before the Court
under a search warrant in accordance with
section 78(1)(b)(ii) of the Act;
(c) a proceeding under section 88 of the
Criminal Procedure Act 2009 and to
which section 94(1) of that Act applies;
(d) a proceeding for an offence which is an
infringement offence or a lodgeable
infringement offence within the meaning of
the Infringements Act 2006, except for a
proceeding under section 49 of the Road
Safety Act 1986;
(e) a proceeding under the Infringements
Act 2006 that is not a proceeding of a kind
referred to in subparagraph (d), except for a
proceeding under section 87(2), 107, 127(1),
128(1), 133(1), 139, 143(2), 155, 156(4)
or (5), 160(1), (3) or (4), 161A or 167 of
that Act;
(f) an application—
(i) under section 31B of the Road Safety
Act 1986 for a licence eligibility order,
including the powers referred to in
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S.R. No. 154/2015
Part 2—Powers of judicial registrars
sections 31D, 31G and 31H and
the power to give an alcohol
interlock condition direction under
section 50AAA(2) or (3) of that Act; or
(ii) under section 50AAAC(3) of the Road
Safety Act 1986 for a direction that the
applicant was not responsible for a
failed attempt to start a motor vehicle
that failed because the alcohol interlock
prevented the motor vehicle from being
started as a result of it detecting
alcohol; or
(iii) under section 50AAB(4) of the Road
Safety Act 1986 for an alcohol
interlock condition removal order;
(g) a proceeding for an order to remove a
prisoner from a prison and to have the
prisoner brought before the Court under
regulation 20(1) of the Corrections
Regulations 200912.
7 Powers of judicial registrars in certain criminal
proceedings and certain related proceedings
(1) A judicial registrar may exercise all or any powers
of the Court under section 59 of the Criminal
Procedure Act 2009 in a criminal proceeding for
a summary offence or an indictable offence triable
summarily.
(2) A judicial registrar may exercise all or any powers
of the Court under the following provisions, if the
exercise of the power is incidental to the exercise
by a judicial registrar of the Court's powers
referred to in paragraph (1)—
(a) Division 1 of Part 3 and Part 10 of the
Confiscation Act 1997;
(b) section 151 of the Firearms Act 1996.
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S.R. No. 154/2015
Part 2—Powers of judicial registrars
(3) A judicial registrar may exercise all or any
powers of the Court under section 83AT of
the Sentencing Act 1991 in relation to a
contravention of section 83AC of that Act, if the
contravention under section 83AC relates to an
order made by a judicial registrar under section 72
or 75 of the Sentencing Act 1991.
Division 2—Civil matters
8 Civil proceedings that may be dealt with by judicial
registrars
A judicial registrar may deal with and exercise all
or any powers of the Court in any of the following
proceedings—
(a) subject to Rules 10, 11 and 12—
(i) a proceeding for a cause of action for
damages or a debt or a liquidated
demand or under an Act if the amount
claimed, or value of relief sought, is
less than $10 000;
Examples
Subparagraph (i) includes the following—

 complaints referred to arbitration in
accordance with Division 2 of Part 5 of
the Act;

 applications for summary judgment
under section 63 of the Civil Procedure
Act 2010;

 proceedings under section 5, 6 or 7 of the
Instruments Act 1958.
(ii) an interlocutory or other application—
(A) within a proceeding of a kind
referred to in subparagraph (i); or
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Magistrates' Court (Judicial Registrars) Rules 2015
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Part 2—Powers of judicial registrars
(B) within any other proceeding for a
cause of action for damages or a
debt or a liquidated demand or
under an Act where the amount
claimed, or value of relief sought,
is $10 000 or more and within the
jurisdictional limit;
Examples
Subparagraph (ii) includes the following—

 a proceeding or part of a proceeding that
has been referred under section 107(1) of
the Act;

 an application under section 110 of the
Act for an order to set aside a final order
in a proceeding made against a person
who did not appear in the proceeding and
that the proceeding be re-heard;

 a proceeding to which section 128(1)
or (3) of the Act applies (power to
adjourn proceeding).
(b) subject to Rules 10 and 11, a proceeding
under the Fences Act 1968 for an order of
the Court under section 30C(1) of that Act
(other than a proceeding for an order under
that section where the amount claimed, or
value of relief sought, is $10 000 or more);
(c) a proceeding under section 5(1), 6(7)(b),
6(8), 13, 14, 17(2) or 18 of the Judgment
Debt Recovery Act 1984;
(d) subject to Rule 13, a proceeding under the
Personal Safety Intervention Orders
Act 2010;
(e) an application referred to in Rule 17(2).
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Part 2—Powers of judicial registrars
9 Judicial registrars may make final orders by
consent
Without limiting Rule 8 but subject to Rules 10,
11, 12 and 13, a judicial registrar may, with the
consent of the parties to a proceeding, deal with
and exercise all or any powers of the Court to
make final orders in the proceeding.
10 Judicial registrars cannot deal with claims for
equitable relief in any proceeding
A judicial registrar cannot deal with and exercise
any powers of the Court in any proceeding for a
claim for equitable relief.
Examples
A judicial registrar cannot, in a proceeding, do any of the
following—

 make a freezing order under Order 37A of the Magistrates'
Court General Civil Procedure Rules 2010;

 make a search order under Order 37B of the Magistrates'
Court General Civil Procedure Rules 2010;

 grant an injunction under Order 38 of the Magistrates' Court
General Civil Procedure Rules 2010.
11 Restrictions on certain powers of judicial registrars
in civil proceedings
The powers of a judicial registrar in a proceeding
to which Rule 8 applies do not include a power of
the Court under any of the following Rules under
the Magistrates' Court General Civil Procedure
Rules 2010—
(a) Rules 12.02 and 12.07, if the amount
claimed, or value of relief sought, in the
proceeding is $10 000 or more;
(b) Rule 15.08(1);
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Magistrates' Court (Judicial Registrars) Rules 2015
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Part 2—Powers of judicial registrars
(c) Rule 37.01, other than the power in relation
to the inspection of property;
(d) Rule 37.02.
12 Judicial registrars cannot deal with proceedings
under the Family Violence Protection Act 2008 or
Family Law Act 1975
A judicial registrar cannot deal with and exercise
any powers of the Court in a proceeding under—
(a) the Family Violence Protection Act 2008;
or
(b) the Family Law Act 1975 of the
Commonwealth.
13 Judicial registrars cannot exercise powers under
Part 8 of the Personal Safety Intervention Orders
Act 2010
A judicial registrar cannot deal with and exercise
any powers of the Court under Part 8 of the
Personal Safety Intervention Orders Act 2010
in a proceeding under that Act.
Division 3—General
14 Judicial registrars may deal with and exercise the
powers of a registrar
The powers of a judicial registrar include a power
to deal with and exercise all or any of the powers
of a registrar under the Act and any other Act or
the Rules.
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Part 2—Powers of judicial registrars
15 Judicial registrars constitute and are delegated the
powers of the Court
In hearing and determining any proceeding to
which this Part applies—
(a) the judicial registrar constitutes the Court for
that purpose; and
(b) the same powers that the Court has in
hearing and determining the proceeding are
delegated to the judicial registrar.
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Magistrates' Court (Judicial Registrars) Rules 2015
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Part 3—Review of determinations of judicial registrars
Part 3—Review of determinations of judicial
registrars
16 Review of determination of Court constituted by
judicial registrar
(1) An application under section 16K(3)(a) of the
Act for review of a determination of the Court
constituted by a judicial registrar must be—
(a) in Form 1; and
(b) accompanied by an affidavit that must state
the reasons for the application.
(2) The application and the affidavit must be filed
within 14 days after the day on which the
determination was made.
(3) The Court may extend time under paragraph (2)
before or after the time expires, whether or not an
application is made before the time expires.
(4) The application for the review must be determined
by the Court—
(a) after consideration of the application and the
accompanying affidavit; and
(b) unless the Court otherwise directs, without
notice to any person.
17 Stay
(1) The filing of an application referred to in Rule 16
does not operate as a stay of any order made by
the Court constituted by a judicial registrar.
(2) A party to a proceeding making an application
referred to in Rule 16 may apply to either of the
following for a stay of any order referred to in
paragraph (1)—
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Part 3—Review of determinations of judicial registrars
(a) the Court constituted by the judicial registrar
which made the order;
(b) the Court constituted by a magistrate.
18 Direction for review of determination operates as
stay of order of judicial registrar
If the Court directs that the hearing and
determination of a proceeding by the Court
constituted by a judicial registrar be reviewed, the
direction operates as a stay on any order made by
the judicial registrar in the proceeding, unless the
Court otherwise orders.
19 Notification of direction for review
A person who obtains from the Court a stay of an
order by a judicial registrar must notify all other
parties of the stay.
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Magistrates' Court (Judicial Registrars) Rules 2015
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Form 1—Application for review
Form 1—Application for review
Rule 16(1)
In the Magistrates' Court of Victoria at
[venue of Court] No.
In the matter of an application under section 16K(3)(a) of the Magistrates'
Court Act 1989.
BETWEEN
[name of party]
[title of party e.g. Plaintiff or
Defendant or Informant]
AND
[name of party]
[title of party]
APPLICATION FOR REVIEW
Date of document:
Filed on behalf of the:
[title of party]
Prepared by:
[insert details]
TAKE NOTICE that the abovementioned [title of party] applies, under
section 16K(3)(a) of the Magistrates' Court Act 1989, for review of the
hearing and determination of this proceeding constituted by [name of judicial
registrar], a judicial registrar, on [insert date] by the Court constituted by a
magistrate.
*The order made by the judicial registrar in the proceeding was that
[insert details of order made].
OR
*A copy of the order made by the judicial registrar in the proceeding is
attached [attach copy of order].
Dated:
(Signed by the party making the application
or the party's Australian lawyer)
*Delete if inapplicable
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Magistrates' Court (Judicial Registrars) Rules 2015
S.R. No. 154/2015
Dated: 11 December 2015
PETER LAURITSEN,
Chief Magistrate
BARRY BRAUN,
Deputy Chief Magistrate
DANIEL MULING,
Deputy Chief Magistrate
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Magistrates' Court (Judicial Registrars) Rules 2015
S.R. No. 154/2015
Endnotes
Endnotes
1
Rule 4(a): S.R. No. 166/2005 as amended by S.R. Nos 86/2007, 34/2009,
6/2010, 123/2011, 150/2011, 119/2012, 120/2013, 28/2014, 179/2014
and 32/2015.
2
Rule 4(b): S.R. No. 86/2007.
3
Rule 4(c): S.R. No. 34/2009.
4
Rule 4(d): S.R. No. 6/2010.
5
Rule 4(e): S.R. No. 123/2011.
6
Rule 4(f): S.R. No. 150/2011.
7
Rule 4(g): S.R. No. 119/2012.
8
Rule 4(h): S.R. No. 120/2013.
9
Rule 4(i): S.R. No. 28/2014.
10
Rule 4(j): S.R. No. 179/2014.
11
Rule 4(k): S.R. No. 32/2015.
12
Rule 6(k): S.R. No. 40/2009. Reprint No. 1 as at 18 August 2015.
Reprinted to S.R. No. 95/2015.
14