Anyone who deals with a District Court deals with the Clerk first. The Act gives the office real powers, and knowing them saves time at the registry counter.
The office
(1) There shall be such Clerks of Court as are necessary, who shall be appointed under the Public Services (Management) Act 1995.
(2) The Judicial and Legal Services Commission may appoint an officer to be the Clerk.
(3) The Clerk shall discharge the duties of his office at every place for which he is appointed.
Section 1 defines “Clerk” simply as the Clerk of a District Court. Section 19 requires the Clerk to keep such registers and books and perform such duties as are prescribed, and the District Courts Regulation does the prescribing.
The books the Clerk keeps
| Book | Regulation | What goes in it |
|---|---|---|
| Register of Decisions (Form 1) | reg 10–11 | Every information and complaint, entered before each sitting in the order the summonses reached the Clerk; cases are called in that order unless the Court decides otherwise |
| Suitors’ Cash Book (Form 2) | reg 12 | All money received from or paid to complainants and defendants |
| Security Book (Form 3) | reg 13 | Every security given in a proceeding: who is bound, as principal or surety, for how much, and on what condition |
| Instalment Book (Form 4) | reg 14 | Every order for payment by instalments and each instalment as it is paid |
| Debt Attachment Book | Act s 190 | Every garnishee attachment, open to copying by any person on application |
Issuing summonses and warrants
Section 45 provides that, notwithstanding anything in any other Act, a complaint may be made to, or an information laid before, and a summons issued by, the Clerk or a Magistrate, and that a summons to give evidence or produce documents may be signed and issued by the Clerk. Under section 46 the Clerk, like a magistrate, may extend the return date of a summons; regulation 20 requires the alteration to be noted in the margin.
Section 156 requires the magistrate or Clerk before whom a complaint for a debt or liquidated demand is made to issue a default summons instead of an ordinary one if the complainant so requires. The Magistrates’ Manual notes that this is the one situation in which a Clerk is obliged to form a view about the nature of a claim, because only a liquidated claim qualifies.
A Clerk may also issue a summons for the oral examination of a judgment debtor under section 181(2), and under section 194 the Clerk issues the warrant of commitment against a fraudulent debtor without further notice once an order under section 192 has not been complied with.
Section 7 requires all summonses, warrants, convictions and orders to be under the hand of the Magistrate or Clerk issuing them, and section 44(2) forbids signing a summons in blank. Under section 92, if no competent magistrate is present when a summons is returnable, the Clerk may, and after an hour on the complainant’s request must, postpone the hearing to the next court day.
Custody of the record
Section 40 entitles a person against whom a complaint is made to a copy of it free of charge from the Clerk. Section 160(3) makes a copy of the minute of a conviction or order signed by the Clerk prima facie evidence of the conviction or order for all purposes. Section 164 entitles interested parties to copies of the information or complaint, the depositions and the conviction or order on payment of the prescribed fee, and section 162 gives a successful defendant a certificate of dismissal signed by a magistrate or the Clerk. See what records the Court keeps.
Money and enforcement
Money adjudged to be paid under a conviction is paid to the Clerk and applied by the Clerk in the order fixed by section 177: costs first, then as the conviction directs, then as the offence-creating law directs or, failing that, to the Secretary for Finance. Section 169 makes the Clerk’s certificate of non-payment sufficient evidence of default for the issue of a warrant of commitment. Section 166 allows the Clerk to sign a transfer of fine certificate sending enforcement to a more convenient town; see enforcement in another town. Section 205 requires a true account of all money received.
Appeals
A notice of appeal is lodged with the Clerk of the Court whose decision is appealed (section 220(2)). Section 224 then requires the Clerk, immediately, to forward to the Registrar of the National Court certified copies of the conviction or order, the reasons if any were given, the complaint, the depositions and all other proceedings, together with the exhibits. Under section 225 it is the Clerk who notifies the magistrate that a report of reasons is needed. The recognizance on appeal, or the deposit instead of it, is also lodged with the Clerk under section 222.
Protection of the Clerk
The provisions of this Act relating to the protection of a Magistrate extend and apply, with the necessary modifications, to and in respect of a similar act done by a Clerk under the powers given to or conferred on him by this Act or any other Act.
So the limits on suing a magistrate in Part XII, including the one month’s notice, the time limit and the need to plead malice, apply to the Clerk as well. Section 262(2) adds that court fees are not to be taken from a police officer acting in the execution of duty.
The District Courts Act and Regulation are not on PacLII; both are on vLex (Act, Regulation).
Before relying on anything here, read the current text of the District Courts Act (Chapter 40) and check for later amendments. The Act is not on PacLII; the figures and time limits quoted in this series come from the consolidation to No 8 of 2000, and the District Courts (Amendment) Act 2009 changes some of them once it is brought into operation. If a decision matters to you, get advice — start with the Office of the Public Solicitor, or find a firm in the law firms directory.