Application to Registrar (Form 76)

Rule 13.2(5) of the Uniform Civil Rules 2020 (SA) provides that a person who wishes to ask the court to carry out an administrative function must file an application to the Registrar in the prescribed form, Form 76. A note to the rule adds that where the rules require a proceeding to be instituted by an application to the Registrar without naming a specific form, Form 76 is the one to use; r 245.9(2), for example, uses it to cancel or vary the registration of a corresponding declaration or control order under the Serious and Organised Crime (Control) Act 2008. Several requests have their own variants: Form 76A for remission or reduction of court fees (r 13.11), Form 76B to request default judgment (r 142.2), and Forms 76C and 76D to request a hearing or remote appearance on an application to set aside a subpoena served in New Zealand (r 156.17). An order that needs a judicial decision is sought by interlocutory application in Form 77 instead (r 102.1).

When you need it

• You need the Registrar to perform an administrative function in a case and no more specific Registrar form applies (r 13.2(5)).
• A rule says a step is taken by application to the Registrar without naming a form.
• The request is urgent or is made by consent; the form has sections for both.
• Not for fee remission (Form 76A), default judgment (Form 76B) or an order of the court such as an extension of time or injunction (Form 77).

1. 1

   Complete the heading

   Delete all but the correct court (Supreme, District, Magistrates, ERD or Youth), add Court of Appeal, minor civil or the list if applicable, and name each party with full name, capacity and party number.

2. 2

   Name the lodging party

   Give the full name of the party making the application and any law firm and solicitor.

3. 3

   State the action sought

   Set out what you ask the Registrar to do in separate numbered paragraphs and, if applicable, the Act and section or other provision the application is made under.

4. 4

   Give the grounds

   Mark one option: either the grounds are in an accompanying affidavit (name the deponent and date), or set them out in numbered paragraphs on the form.

5. 5

   Urgency and consent

   If the application is urgent, set out why in numbered paragraphs. If it is by consent, name the consenting party and describe the evidence of consent, such as a letter or email from that party's solicitor. Delete sections that do not apply.

• File the application in the case through CourtSA (the court's Electronic System) or at a registry. The Registrar can make electronic filing mandatory for some documents or classes of filer (r 13.5(3)).
• An affidavit relied on must be uploaded as a scan of the signed original, not a copy (r 13.7(3)).
• Some applications attract a fee. Check the fee schedule for the court.
• A person with an interest can ask the court to review the Registrar's exercise of an administrative power as soon as practicable and in any event within 7 days, by interlocutory application with affidavit in an existing case (r 13.4(2)).

• Use the specific variant (76A to 76D) where one exists; the forms page lists them next to Form 76.
• The Registrar can refer a question to the court for directions (r 13.3), so set out the request precisely.
• An exercise of administrative (as opposed to judicial) power by the Registrar is not subject to appeal; the remedy is review under r 13.4 (note to r 13.4).