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Magistrates Court (Small Claims Division) Regulations 1989

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, hereby make the following regulations under the Magistrates Court (Small Claims Division) Act 1989 .

22 August 1989

P. H. BENNETT

Governor

By His Excellency's Command,

P. J. PATMORE

Minister for Justice

PART 1 - Preliminary

1. Short title

These regulations may be cited as the Magistrates Court (Small Claims Division) Regulations 1989 .

2. Commencement

These regulations shall take effect on the day fixed by proclamation under section 2(2) of the Magistrates Amendment Act 1989 .

3. Interpretation

(1) In these regulations, unless the contrary intention appears –
the Act means the Magistrates Court (Small Claims Division) Act 1989 ;
conference means a conference held by a registrar pursuant to regulation 7 ;
[Regulation 3 Subregulation (1) amended by S.R. 1993, No. 65, Applied:07 Apr 1993]

(2) In these regulations, a reference to a form by number is a reference to the form so numbered in Schedule 1 .

PART 2 - Miscellaneous provisions

3A. Prescribed sum

[Regulation 3A Inserted by S.R. 1998, No. 24, Applied:30 Mar 1998] For the purpose of paragraph (b) of the definition of "prescribed sum" in section 3 of the Act, the sum of $3 000 is prescribed.

4. Prescribed claim form

[Regulation 4 Substituted by S.R. 1993, No. 65, Applied:07 Apr 1993] For the purposes of section 12 of the Act, the prescribed claim form is Form 1 .

5. Prescribed fee

[Regulation 5 Amended by S.R. 1990, No. 138, Applied:01 Aug 1990] [Regulation 5 Amended by S.R. 1994, No. 151, Applied:01 Nov 1994] For the purposes of section 12(1) of the Act, the prescribed fee is $27.50.

6. Notice of grounds of set-off or counterclaim

Notice of a set-off, counterclaim or defence in respect of a small claim shall be given on a form provided, or approved, by the registrar.

PART 3 - Registrars conferences

7. Registrars conferences

(1) Subject to subregulation (2) , a registrar shall, before arranging a time and place for the hearing of a small claim in the small claims division, direct the holding of a conference between the parties to the proceeding for the purposes of –
(a) defining and limiting the matters in dispute; and
(b) ensuring that the parties are taking all measures necessary for the hearing of the claim to take place expeditiously; and
(c) assessing the time that is likely to be required for the hearing of the claim.

(2) If a registrar believes in respect of a proceeding that a conference would serve no useful purpose the registrar need not comply with subregulation (1) unless directed to do so by a magistrate.

8. Notice of conferences

(1) A registrar shall give the parties to a proceeding in relation to which a conference is proposed to be held at least 7 days' notice of the time and place fixed for the conference, unless the parties agree to a shorter period of notice.

(2) A registrar may vary the time or place fixed for a conference if there are reasonable grounds for doing so, and reasonable notice of the variation is given to the parties.

9. Agreement between parties at conferences

(1) If, during a conference, a registrar believes that there is a reasonable possibility of settling a small claim by conciliation, the registrar may seek to bring about an agreement between the parties.

(2) If the parties to a proceeding enter into an agreement pursuant to subregulation (1) , section 29(2) of the Act applies as if the agreement were a written application made under section 29(2)(a) of the Act.

10. Representation of parties at conferences

Section 22 of the Act applies, with any necessary modification, to the representation of the parties at a conference as if the conference were a proceeding before a magistrate.

11. Adjournment of conferences

A registrar may, at any time, adjourn a conference if the registrar considers it appropriate or necessary to do so.

12. Effect of failure of claimant and respondent to attend conference

If the claimant and the respondent in a proceeding in relation to which a conference is proposed to be held fail to attend the conference, either personally or by their representatives, a registrar shall not arrange a time and place for the hearing of the relevant small claim.

13. Power to hold conferences by telephone

A registrar may hold a conference by telephone if the registrar considers it appropriate or necessary to do so.

14. Delegation by registrar

(1) A registrar may, by written instrument, delegate to an officer of the Magistrates Court of which he or she is district registrar or deputy district registrar the performance of any of the functions or the exercise of any of the powers conferred or imposed on the registrar under this Part, except this power of delegation.

(2) A registrar may, by written instrument, vary, or wholly or partially revoke, a delegation made under this section.

(3) A function or power, the performance or exercise of which has been delegated under this regulation, may, while the delegation remains unrevoked, be performed or exercised from time to time in accordance with the terms of the delegation.

(4) A delegation under this regulation may be made subject to such conditions or limitations as to the performance or exercise of any of the functions or powers delegated, or as to time or circumstance, as are specified in the instrument of delegation.

(5) Notwithstanding any delegation under this regulation a registrar may continue to perform or exercise all or any of the functions or powers delegated by the registrar.

(6) Any act or thing done by or to a delegate while acting in the exercise of a delegation under this regulation by a registrar shall have the same force and effect as if the act or thing had been done by or to the registrar and shall be deemed to have been done by or to the registrar.