NSW Registrar refusing to accept CAN

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Tim W

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28 April 2014
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Let me be clear - you have received a CAN in the mail?

Who is "they"?
And to what are they not responding?

What can I do?
Turn up to court in accordance with the Notice.
See a lawyer before you do.
 

Jaywoo220

Well-Known Member
11 November 2019
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No, I am undertaking a private prosecution but the registrar refuses to sign the CAN and will not respond to email.
 

Tim W

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A Registrar can refuse to sign a private CAN.
Most likely, the Registrar thinks that regulation 8.4 of the Local Court Rules 2009 applies to your proposed case.

‘A registrar must not sign a court attendance notice, or an application notice, in proceedings commenced by a person other than a police officer or a public officer if of the opinion that the proceedings are frivolous, vexatious, without substance or have no reasonable prospect of success.’

You can make an application for a Magistrate to consider whether or not the Notice should indeed be signed.
If that Magistrate say no, then that's it, you're finished.

One other thing - before you start, make sure that you have enough money on hand
to pay both your costs and theirs when you get your prosecution fails, or simply gets dismissed.
 

Jaywoo220

Well-Known Member
11 November 2019
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Yeah, because lawyers have captured the system hey and thinks everyone should have to pay for justice.
 

Atticus

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6 February 2019
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I am undertaking a private prosecution but the registrar refuses to sign the CAN
My guess (based on your other threads) is that the registrar is of the opinion that you have no reasonable prospect of success ..... Probably doing you a favour actually by saving you from a costs order if you lose
because lawyers have captured the system hey and thinks everyone should have to pay for justice.
No, because if you're going to take someone to court & force them to defend your allegation, they should be entitled to be reimbursed for their costs in doing so if you can't prove (beyond reasonable doubt in a criminal case) that they are guilty of the offense you are prosecuting them for.
 

Jaywoo220

Well-Known Member
11 November 2019
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If I am able to show all elements of the offence, and not vexatious, then I have grounds for the CAN to be accepted.

It is not their job to be judge and jury.

It is her job to serve process.
 

Rob Legat - SBPL

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I think you’ll find their job is more than what you think it is.
 

sammy01

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27 September 2015
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It is not their job to be judge and jury.
It isn't your job to be judge and jury either. See the registrar doesn't think you have a case. Clearly the cops don't either. So you wanna be the judge - as in you've decided there is a case and you wanna be the juror, in determining the case should go ahead... But you clearly come at this with your own personal perspective because you are involved in the case. The register isn't and doesn't think you have a case.