Court Procedures Rules 2006

This rule applies to the following orders:

an order made by the registrar of the Supreme Court in the exercise of jurisdiction given under rule 6250 (Jurisdiction exercisable by registrar of Supreme Court);

an order made by the registrar of the Magistrates Court in a civil proceeding;

an order made by the registrar under rule 6253 (Registrar’s powers—subpoenas).

This rule does not apply to a family or personal violence proceeding (see r 3803 (c)).

Order is defined in the dictionary (see also def made).

If the order is made by the registrar of the Supreme Court, and a party to the proceeding is dissatisfied with the order, the party may appeal, in accordance with these rules, to the Supreme Court constituted by a judge.

See the Supreme Court Act 1933, s 8 (Exercise of jurisdiction).

If the order is made by the registrar of the Magistrates Court, and a party to the proceeding is dissatisfied with the order, the party may appeal, in accordance with these rules, to the Magistrates Court constituted by a magistrate.

The appeal is a rehearing of the matter anew.

However, each party to the appeal may, subject to subrule (6) and any proper objections about admissibility, rely on any affidavit used, and any evidence given orally, before the registrar.

If a party to the appeal requires the attendance of someone for examination at the hearing of the appeal, an affidavit made, or evidence given, by the person must not be used unless the person attends for examination or the court gives leave.

Pt 6.2 (Applications in proceedings) applies to an application for leave.

The court may—

confirm, amend or set aside the registrar’s order; and

make any other order the court considers appropriate.

See pt 5.2 for the procedure to be followed for an appeal against an order of the registrar.