Local Court (General) Rules 2016

These Rules may be cited as the Local Court (General) Rules 2016.

For section 74 of the Act, all of the powers of the Court in the exercise of its civil jurisdiction are delegated to the registrars except:

the powers excluded by subrule (2); and

the powers mentioned in section 74(2) and (4) of the Act; and

powers that another Act requires to be exercised by the Court constituted by a Judge or one or more JPs.

The power to make an order under any of the following provisions of the Local Court (Civil Jurisdiction) Rules 1998 is excluded:

Parts 2, 26, 27, 28, 29, 31, 36, 37, 51, 52 and 53;

rule 47.07(e).

If an application is made for the exercise of power by a registrar, and the registrar considers it proper for the application to be determined by the Court constituted by a Judge, the Registrar must adjourn the proceedings to be considered by the Court constituted by a Judge.

A bailiff must serve a summons or notice as soon as practicable after receiving it from the Court.

After serving a summons or notice, the bailiff must:

immediately endorse on the duplicate the time and date of service; and

as soon as practicable make an affidavit of service and lodge the affidavit with the Court's Civil Registry.

If the bailiff receives more than one summons or notice directed to one person, the bailiff must serve them in the order in which the bailiff received them.

If the bailiff does not serve a summons or notice within 7 days after receiving it, the bailiff must, as soon as practicable, report the non‑service and the reasons for it to a registrar.

A bailiff must execute a warrant not later than 14 days after receiving it from the Court, or sooner if required by the Court.

As soon as practicable after execution of the warrant, the bailiff must endorse on the warrant:

the time, date and manner of execution; and

for a warrant of execution - each amount of money received and disbursed or retained on account of the warrant.

If a bailiff receives more than one warrant of execution issued against one person, the bailiff must execute them in the order in which they were received.

If a bailiff does not execute a warrant within the time mention in subrule (1), the bailiff must, as soon as practicable, report the non‑execution and the reasons for it to a registrar.

In this rule:

warrant means a warrant of execution or warrant for the arrest of a person.

warrant of execution means one of the following:

a warrant of seizure and sale;

a warrant of possession;

a warrant of delivery.

If a bailiff receives money in the course of exercising the bailiff's powers, the bailiff must pay the money to a registrar as soon as practicable after receiving it.