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SUPREME COURT RULES 1970 - SCHEDULE D

SUPREME COURT RULES 1970 - SCHEDULE D

SCHEDULE D – Powers of associate Judges

Pt 60, r 1A.

Part 1 - Powers under NSW and Commonwealth Acts and regulations

1.

Column 1 Column 2 Column 3
Act or regulation and provision Description Restriction
Administration of Justice Act 1924 --
• section 5 Enforcement of judgment of British dominion
Arbitration (Civil Actions) Act 1983 --
section 12 (1) Order to witness to attend
Bills of Sale Act 1898 --
• section 4B Extension of time for registering, filing etc
Business Names Act 1962 --
• section 14 Persons in default; orders for compliance or stay of proceedings
Business Names Act 2002 --
• section 23 (2) Contraventions of Act; orders for compliance or adjournment of proceedings
Charitable Fundraising Act 1991 --
• section 32 Disposition of assets
Commercial Arbitration Act 1984 --
section 18 (1) Examination before the Court
• section 30 Correcting award
• section 35 (1) (a) Delivery of award
• section 36 Costs of abortive arbitration
• section 46 (2) (a) Terminating proceedings for delay
• section 48 Extension of time For making award only
• section 53 Stay of proceedings
• section 54 Interpleader
• section 60 (d) Service of notices
Companies Act 1961 --
• section 363 Security for costs
Companies Code --
• section 123 Reduction of capital
• section 212 Rectification of Register of Company Charges
• Part 12, Division 2 Winding up by the Court Except sections 377 (5) and 388
• section 396 (4) Members' voluntary winding up: meeting
• section 401 Creditors' voluntary winding up
• section 402 Creditors' voluntary winding up: recognized company
• section 406 Voluntary winding up: remuneration of liquidator
• Part 12, Division 4 Winding up: companies In a winding up by the Court and except sections 417 (2), 420, 423 (1), 427 (2), 454 and 462 (6) of the Code
• Part 12, Division 6 Winding up: bodies other than companies Except in respect of sections 417 (2), 420, 423 (1), 427 (2), 454 and 462 (6) of the Code
• section 533 Security for costs, etc
• section 536 Directions: meetings ordered by the Court
• section 539 Irregularities, extension of time, etc Restricted orders or declarations in or for the purposes of proceedings for other relief under the Code which the associate Judge may grant
• section 541 Examination of persons concerned with corporations
Companies (New South Wales) Regulations --
• regulation 78 Liquidator's account
• regulation 81 Deposit with liquidator
• regulation 87 Costs of meeting
• regulation 90 Adjournment of meeting
• regulation 96 Votes of secured creditors
• regulation 118 Bills of exchange
• regulation 123 Costs of proof
• regulation 125 Dealing with proof
• regulation 126 Time for appeal
regulation 134 Time for appeal
• regulation 143 Distribution of surplus
Confiscation of Proceeds of Crime Act 1989 --
• section 77 Registration of interstate forfeiture order etc
• section 82 (1) Order for cancellation of registration of interstate forfeiture order etc
Contractors Debts Act 1997 --
• section 14 Attachment order
Conveyancers Licensing Act 1995 --
• section 77 Directions relating to a receiver
• section 85 Bill of costs
Conveyancing Act 1919 --
• section 36A Division of chattels
• section 66G Trustees for sale
• section 89 Modification of easements, etc
• section 98 (1) Amount due by absent, etc mortgagee
Corporations Act 2001 of the Commonwealth--
• section 274 Rectification of register of company charges
• Part 5.3A Administration of company's affairs with view to executing deed of company arrangement
• Part 5.4 Winding up
• section 461 Winding up Where the application is not opposed
• Part 5.4B Winding up Except ss 472 (2), (3) and (6), 486A, 486B and 487
• section 495 (4) Members' voluntary winding up: meeting
• section 500 Creditor's voluntary winding up
• section 504 Voluntary winding up: remuneration of liquidator
• Part 5.6 Winding up: companies In a winding up by the court and except ss 532 (2), 536, 540 (1), 544 (2) and 568
• Part 5.7 Winding up: bodies other than companies Except in respect of ss 532 (2), 536, 540 (1), 544 (2) and 568
• section 597 Examination of persons concerned with corporations
• section 1274 Directions to make good default in lodgement of documents
• section 1319 Directions, meetings ordered by the Court
• section 1321 Appeals from decisions of receivers, liquidators etc Restricted to appeals in respect of decisions under section 430 (3) or 475 (8) of the Corporations Act 2001
• section 1322 Irregularities, extension of time etc Restricted to orders or declarations in or for the purposes of proceedings for other relief under the Corporations Act 2001 which the associate Judge may grant
• section 1324 Injunctions Restricted to orders where it is alleged that there has been an inappropriate reduction of capital or share buy back
• section 1335 Security for costs etc
Corporations Regulations 2001 of the Commonwealth--
• Part 5.6 Winding up
Damages (Infants and Persons of Unsound Mind) Act 1929 --
• section 4 Sanctioning settlements, etc
• section 5 Directions, etc, as to money paid to Public Trustee
• section 7 Assessments, directions, certificates and references as to costs
District Court Act 1973 --
• section 143 Transfers to District Court
• section 145 Removal of proceedings
Exotic Diseases of Animals Act 1991 --
• section 62 Disputed claims for compensation
Family Provision Act 1982 Family provision
Foreign Judgments Act 1973 --
• sections 6, 8, 9 Enforcement of judgment of a country
Foreign Judgments Act 1991 of the Commonwealth--
• sections 6, 7, 8, 9 Enforcement of judgment of a country
Insurance Act 1902 --
• section 17A (1) Joinder of insurer etc
International War Crimes Tribunals Act 1995 of the Commonwealth--
• section 45 (1) Registration of a forfeiture order
Judgment Creditors' Remedies Act 1901 --
• Part 5 Charging orders
Jury Act 1977 --
• section 38 (1) (b) Excusing juror
Land and Environment Court Act 1979 --
• section 72 Transfer to Land and Environment Court
Landlord and Tenant Act 1899 --
• section 2A (3) Time for writ of possession
• section 9 (1) Payment into Court
• section 9 (2) Direction for entry of judgment
• section 10 Stay
• section 27 (2) Relief relating to bond
• section 27 (3) Cancellation of bond
Legal Profession Act 1987 --
• section 80 (7) (d) Claim against Fidelity Fund; time
• section 87 (4) (b) Final date for claim against Fund
• section 90C Enforcement against Fund
• section 102 Directions relating to a receiver
• section 208L Appeal against decision of costs assessor
• section 208M Leave to appeal, appeal: determination of costs assessor
• section 208N Suspension of costs determination and ending suspension
• section 209C Order for barrister or solicitor to give to a client a bill of costs or certain documents
Limitation Act 1969 --
• section 58 (2) Extension of limitation period--personal injury action not surviving
• section 59 (2) Extension of limitation period--personal injury action which survives
• section 60 (2) Extension of limitation period--compensation to relatives claim
• sections 60C-60H Personal injury cases
• section 73 (1) Extension of limitation period--arbitration
• Schedule 5 clause 5 (5) Transitional provisions
Married Persons (Equality of Status) Act 1996 --
• section 13 Fraudulent investment of spouse's money
Minors (Property and Contracts) Act 1970 --
• section 41 (3) Removal of proceedings
Motor Accidents Act 1988 --
• section 42 (4) Explanation for non compliance
• section 42 (5) Allow proceedings to continue
• section 43A (7), 44B Dismiss proceedings
• section 47A Joinder of insurer
• section 48 Co-operation with person against whom claim made and the person's insurer
• section 52 (4) Commencing proceedings
• section 66A (1) Joinder of insurer
Motor Accidents Compensation Act 1999 --
• section 36 (5) Extension of time for giving notice
• section 36 (7), (8) Joinder of Nominal Defendant
• section 70 (2) Explanation for non- compliance
• section 70 (3) Allow proceedings to continue
• section 73 (4), 76 Dismiss proceedings
• section 79 Joinder of insurer
• section 85 Co-operation with person against whom claim made and the person's insurer
• section 109 (1) Commencing proceedings
• section 119 (1) Joinder of insurer
Motor Vehicles (Third Party Insurance) Act 1942 --
• section 14E (1) and (2) Joint hearing and transfer
Mutual Assistance in Criminal Matters Act 1987 of the Commonwealth--
• section 34A Registration of a foreign forfeiture order, a foreign pecuniary penalty order or a foreign restraining order
• section 34A (5) Registration of amendment to a foreign forfeiture order, a foreign pecuniary penalty order or a foreign restraining order
• section 34G Order cancelling registration
Offshore Minerals Act 1994 of the Commonwealth--
• section 351 (1) (a) Removal of caveat
• section 351 (1) (c) Extending caveat
• section 351 (2) Non-registration of further caveat
Offshore Minerals Act 1999 --
• section 351 (1) (a) Removal of caveat
• section 351 (1) (c) Extending caveat
• section 351 (2) Non registration of further caveat
Probate and Administration Act 1898 (including former provisions of the Wills, Probate and Administration Act 1898 with continuing application)--
• former section 13 Gifts to interested witnesses
• former section 15A Effect of termination of marriage
• section 84 Application for legacy, etc
• section 146 Caveat: application for grant to proceed
Proceeds of Crime Act 1987 of the Commonwealth--
• section 23A (2) Direction to DPP to give or publish notice of registration
Proceeds of Crime Act 2002 of the Commonwealth--
• Division 1 of Part 2-2 Forfeiture order
Property (Relationships) Act 1984 De facto relationships

Domestic relationships
Property, Stock and Business Agents Act 1941 --
• section 83J Directions relating to a receiver
• section 83V Directions relating to a receiver
Property, Stock and Business Agents Act 2002 --
• section 160 Directions relating to a receiver
• section 161 Directions relating to a receiver
Real Property Act 1900 --
• section 74D (2) Extending caveat
• section 74K (2) Extending caveat
• section 74MA (2) Withdrawal of caveat
• section 74O Further caveat
Service and Execution of Process Act 1992 of the Commonwealth--
• section 17 (1) Shortening of time for appearance
• section 57 (1) Leave to serve a subpoena outside the State etc
• section 67 (1) Order to produce
• section 76 (1) Leave to serve a subpoena outside the State etc
• section 79 (1) Order to produce
Succession Act 2006 --
• Chapter 3 Family provision
Testator's Family Maintenance and Guardianship of Infants Act 1916 Maintenance Except sections 13 to 21 inclusive (guardianship)
Trustee Act 1925 --
• section 63 Judicial advice
• section 70 New trustees
• section 71 Vesting orders
• section 75 (1) Deceased mortgagee
• section 81 Advantageous dealings
• Part 4 Payment into Court Except section 97 (2)
Trustee Companies Act 1964 --
• section 15B (4) Directions
• section 21 (2) Ordering account
• section 22 Ordering audit
• section 27 (1) Payment out
Workers Compensation Act 1987 --
• section 151A (5) (as continued in effect by Part 18C of Schedule 6) Leave to revoke election
• section 151C Commencing proceedings
• section 151D Commencing proceedings

Part 2 - Limitations of powers under provisions of the rules

2.

Column 1 Column 2 Column 3
Rules of court and provision Description Extent of power
Supreme Court Rules 1970 --
Part 14A Technology and Construction List
Part 49--
Rule 3 (4) (b) Discharging or varying judgment or order.
Part 54 Prerogative and other orders Where paragraph 5 of Part 3 of this Schedule applies.
Part 55--
Rules 2, 4, 6, 8, 13, 14. Contempt in the face or hearing of the Court. Where paragraph 6 of Part 3 of this Schedule applies.
Rule 10 Arrest
Part 60 associate Judges
Part 68--
Rule 8 (2) General administration of an estate.
Rule 9 Conduct of sale of property
Part 69 Infants' Custody and Settlements Act Rules.
Part 70--
Rule 9 (1) Affidavit of fitness of new trustee.
Rule 11 (3) Joining a defendant
Rule 14 Notice of payment into Court
Rule 15 Inquiries relating to application of funds.
Part 73 Adoption of Children
Part 75 Criminal proceedings
Part 76 Protective business Except as provided in Part 76.
Part 78 Probate Under Part 78 rules 38, 59, 69, 71 and 72.
Uniform Civil Procedure Rules 2005 --
Part 51 Court of Appeal

Part 3 - General

3.1

Trial (except with a jury) of proceedings, where the only matters in question are the amount of damages and costs.

3.2

Trial (except with a jury) of proceedings where the only matters in question are the value of goods and costs or the amount of damages, the value of goods and costs.

3.3

Trial of proceedings pursuant to a direction under rule 9 of Part 56 (which relates to interpleader).

3.3A

(Interest up to judgment) Trial of proceedings where the only matters in question are interest under section 94 of the Act and costs.

3.4

Any--

(a) trial or hearing of proceedings (except with a jury), or
(b) matter (other than a matter of proceedings tried or to be tried with a jury),
where referred to an associate Judge by an order of a Judge or of the Court of Appeal.

3.5

An appeal from, or an application for prerogative or declaratory relief relating to, the Consumer, Trader and Tenancy Tribunal.

3.5A

Proceedings referred to an associate Judge by a Judge where those proceedings are an appeal from, or an application for prerogative or declaratory relief relating to, the Administrative Decisions Tribunal.

3.5B

An appeal from a Local Court in any civil matter.

3.6

Punishment for contempt in the face of the Court or in the hearing of the Court, where the Court is constituted by the associate Judge concerned, and punishment for breach of an undertaking given to the Court constituted by an associate Judge.

3.7

Under section 16 of the Act, the application of the Act to, and the effect of the repeals and amendments made by the Act on, proceedings commenced in the Court before the commencement of the Act.

3.8

(Possession of land) Trial or hearing of proceedings (except with a jury) where--

(a) the only matter in question is a claim for the possession of land, or
(b) the only matters in question are a claim for the possession of land and one or more of the following--
(i) a claim or cross-claim for damages,
(ii) a claim or cross-claim for other money,
(iii) a claim or cross-claim for costs.

3.9

(Costs) Hearing of proceedings where the only matter in question is the matter of costs.

3.10

Payment, transfer or delivery out of Court, and investment, of funds in Court in the Equity Division.

3.11

Proceedings for perpetuation of testimony.

3.12

Orders under section 100 of the Act (which section relates to an appointment to execute an instrument).

3.13

(Extension of time for action) Under any provision mentioned in Schedule 1 of the Notice of Action and Other Privileges Abolition Act 1977 to which section 3 to that Act (which section relates to a cause of action accrued before the commencement of that Act) applies.

3.14

(Lost bond or debenture) Orders under any provision by or under any Act that a debenture or bond issued by a corporation constituted by that Act, or a coupon annexed to that debenture or bond, has been lost or destroyed or defaced and directions by or under that Act for advertisement relating to that debenture, bond or coupon.

3.15

Orders under any provision made by or under any Act for the appointment of a receiver of the income of a corporation which is constituted by that Act and which makes default in payment to the holder of any debenture, or coupon, issued or stock inscribed by that corporation.

3.16

Order under section 95 of the Act (which section relates to interest on money payable under a judgment).

3.17

(Running down cases) Trial (except with a jury) of proceedings to which section 87 of the Act applies (which section relates to running down cases).

3.17A

Trial (except with a jury) of proceedings in the Common Law Division on a claim in which--

(a) damages are claimed in respect of the death of or personal injuries to any person,
(b) damages are claimed in respect of damage to property and--
(i) the proceedings include a claim in respect of the death of or personal injuries to any person, and
(ii) if separate proceedings were brought in respect of--
(A) the claim referred to in subparagraph (i), and
(B) the claim in respect of damage to property,
some common question of fact would arise in both claims, or
(c) contribution is claimed under Part III of the Law Reform (Miscellaneous Provisions) Act 1946 in respect of damages of the nature referred to in paragraph (a) or (b).

3.18

(Companies Code) An appeal under section 538 of the Companies (New South Wales) Code in respect of a decision under section 329 (3) or section 375 (8) of that Code (which subsections relate to the costs, etc, of a person making a report to a receiver or liquidator).

3.19

(Associations Incorporation Act) Appeal under section 58 of the Associations Incorporation Act 1984 in respect of a decision under section 375 (8) of the Companies Code in relation to an incorporated association (which subsection relates to the costs, etc of a person making a report to a liquidator).

3.22

Trial (except with a jury) of proceedings under section 205F (1) or section 206 (6) or section 207 (2) or section 243T (3) of the Customs Act 1901 of the Commonwealth.

3.23

Trial (except with a jury) of proceedings under section 69E (1) or section 69L or section 69R (3) or section 69W (4) of the Wildlife Protection (Regulation of Exports and Imports) Act 1982 of the Commonwealth.

3.24

Trial (except with a jury) of any proceedings arising out of or under the Partnership Act 1892 or any question arising in proceedings where the plaintiff alleges the plaintiff and any defendant were partners and that the partnership has terminated.

3.25

Trial (except with a jury) of proceedings for any of the following matters--

(a) the foreclosure or redemption of a mortgage or the enforcing of any charge or lien,
(b) the specific performance, rectification, delivery up or cancellation of any agreement for the sale or purchase of any property or the lease of any property,
(c) relief against fraud or mistake,
(d) the execution of a trust or a declaration that a trust subsists,
(e) the administration of the estate of a deceased person,
(f) any equitable claim or demand for recovery of money or damages, whether liquidated or unliquidated (not being a claim or demand of a kind to which paragraph (a), (b), (c), (d) or (e) applies).

3.26

Trial (except with a jury) of any proceedings in the Equity Division in which all the parties are related to each other by blood or marriage (other than adoption proceedings or matters arising in the Court's parens patriae jurisdiction).

3.27

Trial (except with a jury) of any proceedings arising out of or under the Frustrated Contracts Act 1978 , the Contracts Review Act 1980 or the Fair Trading Act 1987 .

3.28

In proceedings in which an associate Judge has jurisdiction to determine a matter under these rules, any inherent jurisdiction of the Court to decide any associated or appendant matter in issue in the proceedings.

3.29

Any jurisdiction of the Court that is exercisable by a registrar of the Court.