Reviewing a registrar's decision

A party who is dissatisfied with a decision of a registrar, including directions and orders, may apply to the Court to review the decision ( Pt 49 r 49.19 of the Uniform Civil Procedure Rules).

An application for review is to be instituted by filing a notice of motion ( Form 20 version 2 of the Uniform Civil Procedure Rules) within 28 days after the date of the registrar's decision.  The Court may extend the time to apply for a review ( Pt 49 r 49.20 of the Uniform Civil Procedure Rules).

An applicant for review needs to show why the Court, in the interests of justice, should exercise its discretion to set aside or vary the registrar's decision. The applicant is not required, however, to demonstrate an error in the registrar's decision.

The application for review is heard by a judge of the court.  The judge may confirm, vary or discharge the registrar's decision, as the judge thinks fit  ( Pt 49 r 49.19 of the Uniform Civil Procedure Rules).

Last updated:

11 Dec 2020

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