6Review of certain decisions of Registrar

6 Review of certain decisions of Registrar

6.1 Review of certain decisions of Registrar

(1) This rule applies if—

(a) a provision of these Rules provides the Registrar may exercise a specified power of the Court, and

(b) an application is made to the Registrar to exercise the power (a registrar application), and

(c) the Registrar grants or refuses the application.

(2) The Registrar is to refer a registrar application to the Court for review at the request of a relevant party.

(3) A request to refer a registrar application to the Court for review must be made within 21 days after the Registrar grants or refuses the registrar application, but no later than 7 days before the hearing of the proceedings in which the application is made.

(4) On a review of a registrar application, the Court may—

(a) confirm the decision of the Registrar to grant or refuse the application, or

(b) if the Registrar has refused the application—exercise the power sought in the application, or

(c) if the Registrar has granted the application—

(i) set aside the Registrar’s decision, or

(ii) set aside the Registrar’s decision and make another decision in substitution for the Registrar’s decision.

(5) The Court may determine a review of a registrar application on the papers.

(6) The power of the Court to conduct a review under this rule is prescribed for the 1912 Act, section 22(1)(l) as a power of the Court that may be exercised by a designated Judge.

(7) In this rule—

relevant party, in relation to a registrar application, means—

(a) a party to the application, or

(b) a party to the proceedings in which the application is made.