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Civil proceedings that may be dealt with by judicial registrars

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Part 2Civil matters

8 Civil proceedings that may be dealt with by judicial registrars

(1)

Subject to Rules 10, 11 and 12, a judicial registrar may deal with and exercise all or any powers of the Court in any of the following proceedings—

(a)

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 $25 000;

Examples

Subparagraph (a) includes the following—

• a complaint referred to arbitration in accordance with Division 2 of Part 5 of the Act;

• an application for summary judgment under section 63 of the Civil Procedure Act 2010;

• a proceeding under section 5, 6 or 7 of the Instruments Act 1958.

(b)

a proceeding for a cause of action for damages arising from a motor vehicle collision, other than a claim under a contract of insurance relating to the motor vehicle collision;

(c)

an interlocutory or other application within a proceeding for a cause of action for damages or a debt or a liquidated demand or under an Act, regardless of the amount claimed or value of relief sought.

Examples

Subparagraph (c) 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);

• an application under Order 21 of the Magistrates' Court General Civil Procedure Rules 2020.

(2)

Subject to Rules 10 and 11, a judicial registrar may deal with and exercise all or any powers of the Court in a proceeding under the Fences Act 1968 for an order of the Court under section 30C(1) of that Act.

(3)

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 section 5(1), 6(7)(b), 8, 13, 14, 17(2) or 18 of the Judgment Debt Recovery Act 1984;

(b)

a substituted proceeding within the meaning of section 57A of the Victorian Civil and Administrative Tribunal Act 1998;

(c)

an application referred to in Rule 18(2).

(4)

Subject to Rule 13, a judicial registrar may deal with and exercise all or any powers of the Court in a proceeding under the Personal Safety Intervention Orders Act 2010.

(5)

Despite Rule 10, a judicial registrar may deal with and exercise all or any powers of the Court in a proceeding under section 234E of the Building Act 1993.

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