Supreme Court Rules 1987

(1) Subject to this Order, an Associate Judge, in addition to exercising the powers and authority imposed or conferred by any other provision of this Chapter or an Act, may do any of the following:

(a) in a proceeding to which this Chapter applies, give a judgment or make an order, including a judgment or order, in the exercise of the inherent jurisdiction of the Court;

(b) hear and determine an application and exercise powers and authorities under the following statutory provisions:

(i) the Family Provision Act 1970, where an order is sought by consent;

(iii) the Land Title Act 2000, for the removal of a caveat or for leave to lodge another caveat on the same, or substantially the same, grounds as those contained in a caveat that has lapsed or has been withdrawn, cancelled or removed from a lot;

(iv) the Unit Titles Act 1975, section 95 (order for cancellation of Units plan), section 98 (approval of scheme for alteration of Units plan) and section 99 (order for alteration of Units plan);

(v) the Births, Deaths and Marriages Registration Act 1996, section 21 (orders with regard to the surname of the child);

(vi) the Service and Execution of Process Act 1992 of the Commonwealth, Part 2, 3 and 6;

(via) the Supreme Court Act 1979, section 16 (transfer of proceedings to Local Court);

(vii) the Trustee Act 1893, Part III (Appointment of new trustees and vesting orders);

(viii) the Administration and Probate Act 1969, sections 24 and 25 (order for assignment of Administration Bond), section 32 (appointment of Administrator pendente lite and receiver), section 33 (power to appoint Administrator), section 34(1) (order where executor neglects to prove will), section 35 (issue of special letters of administration) and section 45 (order nisi where caveat lodged);

(ix) the Partnership Act 1997;

(x) the De Facto Relationships Act 1991;

(xi) the Legal Profession Act 2006 – section 261 (appeal against decision of Funds Management Committee), section 277 (appeal against decision of Law Society as to costs), section 332 (application for costs assessment to be dealt with out of time), section 362 (appeal against decision of costs assessor as to a matter of law), section 400 (application for further time), section 414 (appeal against decision of Law Society as to Fidelity Fund claim), section 415 (appeal against failure to determine claim), section 595 (application for examination);

(i) an application under an Act for payment or transfer to a person of any money or securities in Court, including interest; or

(ii) an application for or relating to the sale of property by auction or private contract, and for payment into court and investment of the purchase money;

(d) conduct the trial of a proceeding if all the parties to the proceeding consent to an Associate Judge conducting the trial;

(e) conduct the trial of a proceeding if the only matters in issue are the amount of damages, or the value of goods, and costs;

(f) conduct the trial of an action for personal injuries, which may include hearing and determining issues of liability and damages;

(g) hear and determine an application for the extension of a limitation period;

(h) hear and determine an application for the possession of land, which may include hearing and determining an application for recovery of money outstanding under a mortgage over the land;

(k) exercise the jurisdiction of the Court under the Family Law Act 1975 (Cth).

(j) hear and determine a matter referred to an Associate Judge by the Court of Appeal or a Judge.

(2) Subject to this Order, an Associate Judge may exercise power conferred on the Court or a Judge:

(a) in respect of the approval of a compromise on behalf of person under a disability; or

(b) to give judgment or make an order in a proceeding if all parties affected appear and consent or on written application by a party and written consent of all other parties affected, provided that the judgment or order states that it is given or made by consent of the parties.

(3) Subject to these Rules, an Associate Judge may hear and determine all interlocutory matters including an application for an interim or interlocutory injunction.