Principal registrar may exercise certain Tribunal functions
10.01 Principal registrar may exercise certain Tribunal functions
For the purposes of section 157A of the Act, the Tribunal constituted by the principal registrar may perform the following functions of the Tribunal—
striking out of a proceeding with a right to apply for reinstatement where the parties have settled a matter;
striking out of a proceeding with a right to apply for reinstatement for failure to pay the correct fee;
striking out of a proceeding with a right to apply for reinstatement where service of an application is not effected;
Rule 10.01(ca) inserted by S.R. No. 187/2018 rule 6(1).
striking out a proceeding with a right to apply for reinstatement for failure to provide information requested by the Tribunal;
reinstatement of a matter struck out for failure to pay the correct fee where the correct fee is subsequently paid or the fee waived;
reinstatement of a matter struck out for service of an application not being effected where the service is subsequently effected;
Rule 10.01(ea) inserted by S.R. No. 187/2018 rule 6(2).
reinstatement of a proceeding struck out for failure to provide information where the information is subsequently provided;
Rule 10.01(eb) inserted by S.R. No. 187/2018 rule 6(2).
determining consent applications to bring forward a hearing time or hearing date;
Rule 10.01(ec) inserted by S.R. No. 187/2018 rule 6(2).
determining applications for the withdrawal of a duplicate proceeding;
determining consent applications for adjournment of a matter on its first listing where the request is for an adjournment of 3 months or less;
Rule 10.01(g) amended by S.R. Nos 125/2020 rule 14(2), 114/2021 rule 11.
determining adjournment applications by a residential rental provider, rooming house operator, caravan park owner, caravan owner or site owner on the first listing of an application for possession for rent or hiring charge arrears under the Residential Tenancies Act 1997 where the request is for an adjournment of 3 months or less;
determining applications for a change of venue for a hearing;
consideration of requests to attend a directions hearing by telephone, video link or any other system of telecommunication;
Rule 10.01(ia) inserted by S.R. No. 125/2020 rule 14(1).
consideration of requests to attend a hearing by telephone, video link or any other system of telecommunication;
consideration of requests for an interpreter to be provided for a party to a proceeding;
abridging time for the taking of further steps in relation to a matter;
Rule 10.01(l) amended by S.R. No. 143/2025 rule 55(2).
adjourning any matter;
determining consent applications for adjournment of any administrative mention or directions hearing;
determining consent applications for extensions of time to comply with orders where the extension will not interfere with the hearing date;
determining requests relating to a step in a proceeding that was anticipated on the face of previous orders in the proceeding;
Rule 10.01(oa) inserted by S.R. No. 133/2024 rule 8(1).
giving leave pursuant to Rule 4.24 to make a second or subsequent application under section 120 of the Act for a review of an order in respect of the same matter;
Rule 10.01(ob) inserted by S.R. No. 133/2024 rule 8(1).
giving leave pursuant to Rule 4.24A to make a second or subsequent application under section 120A of the Act for a review of an order in respect of the same matter;
stay of a warrant on an application under section 120 of the Act for a review of an order or on a request for the extension of a warrant;
on an application under section 120 of the Act for a review of an order, stay and extend a warrant of possession issued under the Residential Tenancies Act 1997;
Rule 10.01(qa) inserted by S.R. No. 133/2024 rule 8(2).
determining an application under section 354 of the Residential Tenancies Act 1997 to extend the time in which a warrant of possession may be executed;
Rule 10.01(r) amended by S.R. No. 187/2018 rule 6(3).
determining an application for withdrawal of an application or referral, whether or not leave is required;
correction of an order made by the principal registrar under section 119 of the Act;
Rule 10.01(sa) inserted by S.R. No. 187/2018 rule 6(4), amended by S.R. No. 143/2025 rule 55(3).
in the case of a function of the Tribunal for a proceeding under the Aged Care Restrictive Practices Substitute Decision-maker Act 2024, Guardianship and Administration Act 2019, Medical Treatment Planning and Decisions Act 2016, Powers of Attorney Act 2014, Trustee Companies Act 1984 or Vexatious Proceedings Act 2014—
cancelling a hearing and determining the withdrawal of an application where a represented person or a proposed represented person has died;
directing an administrator to lodge accounts or pay the annual fee by a specified date;
revoking an administration order and appointing an alternative administrator where the administrator has failed to lodge accounts or pay the annual fee;
waiving the annual fee in respect of estates which are the subject of an administration order; or
determining applications for adjournments where the hearing is a routine reassessment of an administration order or guardianship order;
Rule 10.01(t) substituted by S.R. No. 143/2025 rule 55(4).
making of procedural directions or listing directions if the principal registrar is acting in accordance with standing instructions given by the head or deputy head of a division;
Rule 10.01(u) substituted by S.R. No. 133/2024 rule 8(3).
dispensing with compliance with any of the requirements of these Rules in a proceeding, either before or after the occasion for compliance arises;
Rule 10.01(v) inserted by S.R. No. 133/2024 rule 8(4).
giving directions at any time in a proceeding and doing whatever is necessary for the expeditious or fair hearing and determination of a proceeding, except for the power to give a direction that would require a party to produce a document or provide information in a proceeding for review of a decision in contravention of section 106(1) of the Act or any rule of law relating to privilege or the public interest in relation to the production of documents.
Note
See section 80 of the Act.
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