Magistrates Court Act 1987

The Magistrates Rule Committee may make rules of court for all or any of the following:the divisions of the Magistrates Court; courts of summary jurisdiction; except as may be provided by any Act, other lower courts; except as may be provided by any Act, special proceedings.

Rules made under subsection (1) for any court, division of a court or special proceedings may, subject to any relevant enactment – regulate the practice and procedure of that court or division or those proceedings; and make provision for or in relation to the enforcement of judgments and orders of that court or division or magistrate presiding over those proceedings; and make provision for or in relation to mediation and conciliation conferences including, but not limited to, the following matters:the appointment of mediators and conciliators and their powers and functions; the conduct of such conferences and associated procedures; the consequences of such conferences or the failure of such conferences; and make provision for or in relation to any other matters as expressly or impliedly authorised by that enactment; and make provision for any incidental or ancillary matters related to the jurisdiction and business of that court or division or related to the conduct of those proceedings.

Without limiting the generality of subsection (1) – rules of court may be made for, or with respect to – the practice and procedure of a magistrate in determining a minor civil claim; and the powers and functions that a registrar, mediator or conciliator may exercise, or be required to perform, in respect of a minor civil claim; and the rules may provide for, or with respect to, the holding of a conference by a registrar, mediator or conciliator in respect of a minor civil claim; and rules made for the purpose of paragraph (b) may – prescribe the purpose for which a conference referred to in that paragraph is to be held; and authorise a registrar to delegate to an officer of the Magistrates Court of which he or she is the district registrar or deputy district registrar the performance of his or her functions, and the exercise of his or her powers, in respect of the holding of a conference under those rules; and provide for, or with respect to, the representation of the parties to a conference and the parties who are not entitled to be present at the conference; and provide for, or with respect to, the adjournment of a conference; and provide for, or with respect to, the bringing about of an agreement between the parties to a proceeding as a result of a conference.

Rules made under subsection (1) for any court, division of a court or special proceedings may – authorise any matter to be from time to time determined, applied or regulated by – the Chief Magistrate, a magistrate or coroner or other judicial officer specified in the rules; and the Administrator, a registrar or other court official specified in the rules; and be made so as to apply differently according to matters, limitations or restrictions, whether as to time or circumstance or otherwise, specified in the rules; and provide that a contravention of any of the rules is an offence; and in respect of such an offence, provide for the imposition of a fine not exceeding 10 penalty units and, in the case of a continuing offence, a further fine not exceeding one penalty unit for each day during which the offence continues; and contain provisions of a savings or transitional nature consequent on the enactment of the Justice (Delegated Legislation) Act 2003 or the Magistrates Court (Minor Civil Claims) Act 2003, and any such provision may, if the rules so provide, take effect on the day of commencement of any Part of the Act specified in the rules or a later day.

Rules of court are statutory rules within the meaning of the Rules Publication Act 1953.

The committee may delegate any of its functions or powers, other than this power of delegation, to the Chief Magistrate.

In this section – relevant enactment means – the enactment under which a court or a division of a court is established or constituted, or under which provision is made for special proceedings; or any other enactment having application to that court or division or to those proceedings; special proceedings means applications, appeals or other proceedings that are required to be presided over by a magistrate and for which, under the relevant enactment, rules of court are expressly or impliedly authorised or required to be made by the committee.