What is the effect of a chambers judge's decision not to refer the matter to the Registrar rather than the chambers judge?
British Columbia, Canada
The following excerpt is from Empey v. Groves, 2001 BCCA 704 (CanLII):
In my respectful view, the appellant's submissions that the chambers judge ought to have referred the matter to the Registrar to determine whether there had been a change in the needs, means, capacities and economic circumstances of the parties overlooks the principles set out in Oakley v. Oakley, supra. The order the appellant sought to vary must be assumed to be correct and the onus was on the applicant to demonstrate that there has been a change in circumstances sufficient to warrant variation.
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