New South Wales Consolidated Regulations

DISTRICT COURT RULES 1973 - SECT 53.13

53.13 Recognizances

(1) The registrar shall:

(a) maintain a record of every recognizance entered into by order of the Court, and

(b) where money is paid to the registrar as required by a condition of a recognizance, maintain a record of the payment and disburse the money to the person entitled to it.

(2) Where a recognizance entered into by order of the Court is conditioned to require a party to do or refrain from doing any thing or to suffer the doing of any thing by any person, and it is alleged that the party is in breach of that condition, the person so alleging shall without delay so advise the registrar.

(3) Unless the Court otherwise orders, the registrar shall, in respect of a recognizance:

(a) on receiving any advice given under subrule (2), or

(b) on becoming aware of a breach of a condition requiring payment of money to the registrar,

without delay submit a report on the advice or breach to the Judge who required the recognizance to be entered into, or, if that Judge be not available, to the Chief Judge or another Judge.

(4) After considering any report submitted to him under subrule (3), a Judge may if he thinks fit direct that the party the subject of the report be brought before him or another Judge or that no action be taken in respect of the report, or may make such other directions as to him seem appropriate.

(5) Where a Judge directs under subrule (4) that a party be brought before a Judge, the registrar shall without delay give notice to the party to that effect, and shall include in that notice the place and time at which the party is so required to appear.

(6) At a place and time notified under subrule (5), or at any other place and time to which the matter is adjourned, a Judge may deal according to law with a party who is in breach of a condition of a recognizance whether or not the Judge is the Judge who directed that the party be brought before a Judge.

(7) The certificate of the registrar as to the amount of any money paid to him as required by a condition of a recognizance, the date of any such payment, and any amount remaining due to be paid under the condition, shall be evidence of the facts stated in the certificate.