New South Wales Consolidated Acts

MATRIMONIAL CAUSES ACT 1899 - SECT 91

91 Power to make rules

(1) The judges of the Supreme Court, or any three of them, may make general rules:

(a) for regulating the pleading, practice, and procedure of the court, and may by such rules amend, vary, or dispense with any provisions of this Act regulating such pleading, practice, or procedure,

(b) for fixing the amount of all fees and allowances to officers of the court and solicitors in respect of proceedings under this Act,

(c) for enabling persons to sue in the court in forma pauperis, and for regulating the exercise by the registrar of the jurisdiction and powers conferred upon or delegated to the registrar under this Act, and the right of appeal from the registrar,

(d) generally as to all matters necessary or expedient for giving effect to the provisions of this Act.

(2) The judges of the Supreme Court or any three of them may by rules of court made in that behalf delegate to the registrar power to do such things and transact such business and to exercise any such authority and jurisdiction as is now done, transacted, or exercised by the court except in respect of the hearing of suits or in respect of matters relating to the liberty of the subject:
Provided that the registrar may in case of doubt or difficulty refer any matter to the court:
Provided also that the court may direct any matter in which an order has been made by the registrar to be re-argued before the court upon giving a direction to that effect within the prescribed time after such order has been made by the registrar.

(3) In this section "registrar" includes a deputy-registrar.

(4) All rules made under this section shall:

(a) be published in the Gazette,

(b) take effect from the date of publication or from a later date to be specified in the rules, and

(c) be laid before both Houses of Parliament within fourteen sitting days after publication if Parliament is in session, and if not, then within fourteen sitting days after the commencement of the next session.

If either House of Parliament passes a resolution of which notice has been given at any time within fifteen sitting days after the rules have been laid before such House disallowing any rule or part thereof, such rule or part shall thereupon cease to have effect.