Commencement of the Magistrates’ Court (Judicial Registrars) Rules 2025
From today, Tuesday 9 December 2025, the Magistrates’ Court (Judicial Registrars) Rules 2025 (the 2025 Rules) come into effect. The 2025 Rules replace the Magistrates’ Court (Judicial Registrars) Rules 2015, which have now sunset, and contain some important changes.
In short, the 2025 Rules:
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expand the jurisdiction delegated to judicial registrars to hear and determine proceedings (see Schedule 1 of the 2025 Rules); and
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amend the process for the review of determinations of judicial registrars to provide greater clarity.
Review of determinations of judicial registrars
Judicial registrars are part of a system that has in-built safeguards. One safeguard lies in section 16K of the Magistrates Court Act 1989, which provides for appeal or review on application of a party to the proceeding or on the Court’s own motion.
Amendments have been made to the review (or appeal) of judicial registrar determinations process in the 2025 Rules to introduce greater procedural clarity and improve the level of detail required to be provided by applicants to better enable expedient review.
Key changes under the 2025 Rules include:
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An application for review must be in Form 1 and accompanied by an affidavit. The affidavit must state the grounds for the application.
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Form 1 must state:
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whether the whole or part only of the determination is sought to be reviewed
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if part only, which part; and
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the grounds for the review.
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The application must be filed within 28 days after the day on which the determination to which the application relates was made.
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Notice of the application and accompanying affidavit must be served on each party to the proceeding within seven days after the application is filed.
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The filing of an application for review does not operate as a stay of any order made by the Court constituted by a judicial registrar.
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A party to a proceeding making an application for review may apply for a stay of any order made by the judicial registrar. A party who obtains a stay of an order made by the judicial registrar must notify all other parties of the stay.
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The application for review must be heard in open court, and parties must appear, unless the Court directs otherwise.
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The Court may either grant the application and list for rehearing or refuse the application. If the Court grants the application, the rehearing is to be heard by way of hearing de novo.
