Australian Capital Territory Current Acts

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Proprietor may summon registrar-general to show cause if dissatisfied

    (1)     If, upon the application of any proprietor to have land brought under this Act, or to have any dealing or transmission registered or recorded, or to have any certificate of title, foreclosure, order, instrument or document issued, or to have any act or duty done or performed which, by this Act or the regulations, is required to be done or performed by the registrar-general, the registrar-general refuses so to do, or if the proprietor is dissatisfied with the direction upon his or her application given by the registrar-general as in the foregoing provisions of this Act provided, the proprietor may require the registrar-general to set forth in writing under his or her hand the grounds of his or her refusal or the grounds upon which the direction was given, and the proprietor may, if he or she think fit, summon the registrar-general to appear before the court to substantiate and uphold the grounds of his or her refusal or of the direction, as the case may be.

    (2)     The summons shall be issued under the hand of the judge of the court and served upon the registrar-general 6 clear days at least before the day appointed for hearing the complaint of the proprietor, and upon the hearing the registrar-general or his or her legal practitioner shall have the right of reply.

    (3)     The court shall, if any question of fact be involved, direct an issue to be tried to decide the fact, and the court shall thereupon make such order in the premises as in its judgment the circumstances of the case require, and the registrar-general shall obey the order.

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