Magistrates' Court (Judicial Registrars) Amendment Rules 2021 (Vic)

Magistrates' Court (Judicial Registrars) Amendment Rules 2021

S.R. No. 41/2021

TABLE OF PROVISIONS

Rule  Page

1Object

2Authorising provisions

3Commencement

4Principal Rules

5Civil proceedings that may be dealt with by judicial registrars

6Judicial registrars cannot deal with claims for equitable relief in any proceeding

7Restrictions on certain powers of judicial registrars in civil proceedings

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Endnotes

STATUTORY RULES 2021

S.R. No. 41/2021

Magistrates' Court Act 1989

Magistrates' Court (Judicial Registrars) Amendment Rules 2021

The Chief Magistrate together with 2 Deputy Chief Magistrates jointly make the following Rules:

1Object

The object of these Rules is to amend the Magistrates' Court (Judicial Registrars) Rules 2015—

(a)to increase the scope of the powers that may be exercised by the Court constituted by a judicial registrar in civil proceedings; and

(b)to make minor amendments as a consequence of the making of the Magistrates' Court General Civil Procedure Rules 2020.

2Authorising provisions

These Rules are made under sections 16 and 16I of the Magistrates' Court Act 1989 and all other enabling powers.

3Commencement

These Rules come into operation on 30 April 2021.

4Principal Rules

In these Rules, the Magistrates' Court (Judicial Registrars) Rules 2015[1] are called the Principal Rules.

5Civil proceedings that may be dealt with by judicial registrars

(1)In Rule 8(a) of the Principal Rules—

(a)in subparagraph (i), for "$10 000" substitute "$25 000";

(b)in subparagraph (ia) omit ", if the amount claimed, or value of relief sought, is less than $20 000";

(c)in subparagraph (ii)(B), for "$10 000" substitute "$25 000".

(2)In Rule 8(b) of the Principal Rules, for "$10 000" substitute "$25 000".

6Judicial registrars cannot deal with claims for equitable relief in any proceeding

In the examples at the foot of Rule 10 of the Principal Rules, for "2010" (where three times occurring) substitute "2020".

7Restrictions on certain powers of judicial registrars in civil proceedings

In Rule 11 of the Principal Rules—

(a)for "2010" substitute "2020";

(b)in paragraph (a), for "$10 000" substitute "$25 000".

Dated:   28 April 2021

LISA HANNAN,

Chief Magistrate

FELICITY BROUGHTON,

Deputy Chief Magistrate

SUSAN WAKELING,

Deputy Chief Magistrate

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Endnotes

[1] Rule 4: S.R. No. 154/2015 as amended by S.R. Nos 135/2016, 28/2018, 24/2019, 95/2019 and 39/2020.