VICIn ForceAct
Supreme Court Act 1986
113LPerformance of duties by judicial registrar
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113L Performance of duties by judicial registrar
(1) A judicial registrar—
(a) must not hear, or continue to hear, a proceeding (whether civil or criminal) that the judicial registrar considers for any reason inappropriate for hearing and determination by the Court constituted by a judicial registrar; and
(b) must make appropriate arrangements for the proceeding to be heard and determined by the Court constituted by a Judge of the Court or an Associate Judge.
(2) Subject to Division 2B of Part 2, section 113C and Division 2B, in the performance of his or her duties as a judicial registrar, a judicial registrar is not subject to the direction or control of any person or body.
(3) In the performance of his or her duties as a judicial registrar, a judicial registrar has the same protection and immunity as a Judge of the Court has in the performance of his or her duties as a Judge.
S. 113M inserted by No. 34/2010 s. 24, substituted by No. 62/2014 s. 84.
**113M Appeal from or review of determination of Court constituted by judicial registrar**
(1) The Rules may provide for appeals from or reviews of a determination of the Court constituted by a judicial registrar—
(a) whether in respect of—
(i) the hearing and determination of any proceeding (whether criminal or civil); or
(ii) any interlocutory application; and
(b) whether in respect of specified kinds of application or proceeding or generally; and
(c) by specifying whether the procedure is by way of appeal or review or both; and
(d) by specifying the way in which the Court may be constituted for those appeals or reviews.
(2) The powers in subsection (1) are in addition to and do not limit any power to make Rules under section 25.
(3) Unless the Rules otherwise provide, a determination of the Court constituted by a judicial registrar may be appealed from or reviewed—
(a) on application of a party to the proceeding; or
(b) on the Court's own motion.
(4) If the Rules do not provide for an appeal from or a review of a determination of the Court constituted by a judicial registrar, the determination is to be subject to a review or an appeal conducted—
(a) by way of hearing de novo by the Court constituted—
(i) in the case of a determination of the Court of Appeal constituted by a judicial registrar, by a Judge of Appeal; and
(ii) in the case of a determination of the Trial Division constituted by a judicial registrar, by a Judge of the Court; and
(b) otherwise in accordance with the Rules, if any.
(5) This section does not apply to a determination of the Costs Court constituted by a judicial registrar under Division 2B of Part 2 which is to be dealt with in accordance with section 17HA and the Rules.
Pt 7 Div. 2B (Heading and ss 113N–113P) inserted by No. 34/2010 s. 24.
Division 2B—Registrar of Court of Appeal and Registrar of Criminal Appeals
S. 113N inserted by No. 34/2010 s. 24.