Order 45 FCT (Civil Procedure) Rules 2025

Order 45 of the Federal Capital Territory (FCT) High Court (Civil Procedure) Rules 2025 is about Proceedings before the Chief Registrar. It contains the following rules:

1. In this Order, any reference to the Chief Registrar means
   the Chief Registrar of High Court and includes the deputy
   Chief Registrar.
2. The Chief Registrar may transact business and exercise
   authority in the following matters:
   (a) Applications for the taxation and delivery of
   bills of costs and applications for the delivery by
   any legal practitioner of deeds, documents and
   papers;
   (b) The taking of an account in any case where the
   Court has ordered that the account be taken by
   the Chief Registrar;
   (c) The taxation of bills of costs;
   (d) Applications leading to the issue of the grant of
   probate or letters of administration of the
   estates of deceased persons in non-contentious
   or common form probate business.

3. If the Chief Registrar considers that any matter requires the
   decision of a Judge, he may refer it to the Chief Judge or the
   Court who referred the matter to the Chief Registrar. The
   Chief Judge or the Court may either dispose of the matter
   or refer it back to the Chief Registrar with such directions as
   he may deem fit.
4. Any person affected by an order or decision of the Chief
   Registrar in the exercise of the authority vested in him by
   this Order may appeal to a Judge. Such appeal shall be by notice in writing to attend before the Judge without a fresh summons within 5 days after the decision complained of or such further time as may be allowed by the Judge. Unless otherwise ordered, there shall be at least 2 clear days between service of the notice of appeal and the day of hearing. An appeal from the decision of the Chief Registrar shall not operate as a stay of proceedings unless so ordered by the Judge.

5. Lists of matters to be heard by the Chief Registrar shall be
   made out and published by being posted on the Court’s
   notice boards.
6. A legal practitioner may represent any party in any
   proceedings before the Chief Registrar under the authority
   vested in him by this Order,
7. Except as otherwise provided for in these rules, the
   directions to be given for or concerning any proceedings
   before the Chief Registrar shall require no particular form,
   but the result of such proceedings shall be concisely stated
   in a certificate.

8. The certificate of the Chief Registrar regarding accounts
   and inquires shall not, unless the circumstances of the case
   render it necessary, set out the judgment, order, any
   document, evidence or reasons but shall refer to the
   judgment, order, documents and evidence or particular
   paragraphs, so that it may appear on the face of it what the
   result stated in the certificate is founded on.
9. (1) In case of accounts and inquiries the certificate of the
   Chief Registrar shall be as in Form 37 with such variations
   as the circumstances may require.
   (2) The certificate shall state the result of the account and
   not set it out by way of schedule, but shall refer to the
   account verified by the affidavit filed and shall specify by
   the numbers attached to the items in the account which (if any) of such items have been disallowed or varied and shall state what additions (if any) have been made by way of surcharge or otherwise. Where the account verified by the affidavit has been so altered that it is necessary to have a fair transcript of the account so altered, such transcript may be required to be made by the party prosecuting the judgment or order and shall be referred to in the certificate. The account and transcripts (if any) referred to in certificates shall be filed.

10. Every certificate with the accounts (if any) to be filed shall
    be transmitted by the Chief Registrar to the registry for
    filing and shall be binding on all the parties to the
    proceedings unless discharged or varied upon an
    application made to the Court before the expiration of 8
    clear days after the filing of the certificate.
11. When taxing a bill of costs, the Chief Registrar shall insert
    in red ink against every item disallowed, reduced or
    altered and the substance of the modification and at the
    bottom of the bill of costs he shall certify the net result of the
    taxation. The bill of costs shall be transmitted by the Chief
    Registrar to the registry for filing and the provisions of Rule
    10 of this Order shall apply to the certificate.
12. The Court may, if the special circumstances of the case
    require, upon an application direct a certificate to be
    discharged or varied at any time after it has become
    binding on the parties.

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