Delegations

Delegation to Registrar under section 13 of the Civil Procedure Act 2005.

Civil Procedure Act 2005

Pursuant to section 13 of the Civil Procedure Act 2005, I direct that the Registrar of the Tribunal (including a person acting as Registrar or as a deputy to the Registrar) may exercise the functions of the Tribunal as stated in the schedule to this direction.

Dated: 19 October 2023

The Honourable Justice D M Price AO

President of the Dust Diseases Tribunal of New South Wales

Schedule

The functions of the Tribunal as provided for in Column 1 but subject to the restriction (if any) mentioned in Column 3.

The matter in Column 2 is inserted for convenience of reference only and does not affect the operation of the direction.

Civil Procedure Act 2005
Column 1 - Section	Column 2 - Description	Column 3 - Restriction
Section 14	Dispense with rules in particular cases	Restricted to those matters which a Registrar may deal with
Section 61 (1) and (2)	Directions as to practice and procedure
Section 64	Amendment of documents	By consent in accordance with delegation re Part 36 Rule 1
Section 66	Adjournment of proceedings
Section 67	Stay of proceedings	Pending a hearing by the Tribunal on the next available sitting day
Section 68	Attendance and production
Section 86	Orders and terms	Restricted to those matters which a Registrar may deal with
Section 98	Costs	Restricted to those matters which a Registrar may deal with

Uniform Civil Procedure Rules 2005
Column 1 - Section	Column 2 - Description	Column 3 - Restriction
Rule 1.12	Extension and Abridgement of time
Rule 1.13	Fixing time
Part 2	Case management generally	Except a direction or order the subject of a restriction elsewhere in this delegation
Rule 4.10 (4)	Rejection of documents
Rule 6.32	Future conduct of proceedings
Rule 7.3	Leave to an unrepresented litigant to use subpoena
Part 18	Motions	Restricted to those matters which a Registrar may deal with
Rule 31.32 (3)	Abridge time for service of subpoena on medical witnesses
Part 33	Subpoenas
Part 34	Notice to Produce
Part 36 Rule 1	General relief	Order may be made by consent of: (a) the parties to the application for the order; and (b) any other persons who will be required to comply with the order or to suffer anything to be done under the order
Part 36 1A	Consent Orders
Rule 36.11	Entry of Judgments And Orders	Unless the Court directs entry to be effected in a specified manner
Rule 36.17	“Slip rule”

Orders under the following legislation as provided:

Service and Execution of Process Act 1992 (Commonwealth)

Section 29 – granting leave to serve subpoena outside New South Wales

Section 30 (1) – shortening time for service of a subpoena

Section 35 (3) – receipt of expenses of complying with a subpoena

Section 45 (3) – receipt of expenses of complying with an order to produce

Delegations

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