2. What part does the Registrar play in rectification actions brought by a person aggrieved?

Date Published

The Registrar must be notified by the applicant for rectification of any rectification application to a prescribed court. The Registrar must appear in the court if directed to do so by the court. Otherwise the Registrar may appear and be heard at his or her discretion. The applicant must give a copy of any order made by the court to the Registrar. The Registrar must comply with the order and rectify the Register appropriately (section 90).

2.1 In practice the Registrar does not usually choose to be involved in the proceedings but, on receipt of the notice of the application, asks the applicant keep the Registrar informed as proceedings continue.

2.2 The Registrar needs to be informed of the outcome of the proceedings where no rectification of the Register results so that the system flag indicating that the registration is the subject of court action can be removed.

2.3 If the Registrar amends any particular in the Register, he or she may also amend the certificate of registration if he or she thinks it appropriate to do so (section 91).

Back to top