{"id":"work-health-court-rules-1999","name":"WORK HEALTH COURT RULES 1999","slug":"work-health-court-rules-1999","collection":"regulation","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":179270,"registerId":"nt-work-health-court-rules-1999-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Div 1","sectionType":"division","heading":"Citation and Commencement","content":"Division 1 Citation and Commencement\n1.01 Citation ............................................................................................ 1\n1.02 Commencement .............................................................................. 1\n","sortOrder":0},{"sectionNumber":"Div 2","sectionType":"division","heading":"Application of Rules","content":"Division 2 Application of Rules\n1.03 Definitions ........................................................................................ 1\n1.04 Application ....................................................................................... 1\n1.05 Jurisdiction not affected ................................................................... 2\n1.06 Time for doing act in pending proceeding ........................................ 2\n1.07 Costs in pending proceeding ........................................................... 2\n1.08 Interpretation ................................................................................... 2\n1.09 Registry hours ................................................................................. 4\n1.10 Registry seal .................................................................................... 4\n1.11 Managing magistrate ....................................................................... 5\n1.12 Procedure for which no provision made .......................................... 5\n1.13 Act by corporation............................................................................ 5\n1.14 Power to act by legal practitioner, &c. ............................................. 5\n1.15 Appeal against order, etc. made by Registrar.................................. 5\n2.01 Calculating time ............................................................................... 6\n2.02 Time of service ................................................................................ 6\n2.03 Expanding or abridging time ............................................................ 7\n2.04 Fixing time ....................................................................................... 7\n\nWork Health Court Rules 1999 ii\n2.05 Prescribed forms ............................................................................. 7\n2.06 Filing documents ............................................................................. 8\n2.07 Registrar may post document, &c.................................................... 8\n2.08 Form and content ............................................................................ 8\n3.01 Proper venue ................................................................................... 9\nDivision 2 Commencement of proceeding and making\ninterlocutory application\n3.02 Commencement of proceeding...................................................... 11\n3.03 Interlocutory application ................................................................. 11\n3.04 Orders for conduct of proceeding .................................................. 11\n3.05 Order for admissions or agreements ............................................. 12\n3.06 Other party may apply for orders ................................................... 12\n3.07 Notice of discontinuance or withdrawal ......................................... 12\n3.08 Costs ............................................................................................. 13\n3.09 Similar application for same cause ................................................ 13\n4.01 Documents to be served ................................................................ 13\n4.02 When personal service necessary ................................................. 13\n4.03 How personal service effected....................................................... 13\n4.04 Personal service on particular party .............................................. 14\n4.05 Personal service on firm or company ............................................ 15\n4.06 Address for service ........................................................................ 15\n4.07 How ordinary service effected ....................................................... 16\n4.08 Identity of person served ............................................................... 16\n4.09 Acceptance of service by legal practitioner.................................... 17\n4.10 Substituted service ........................................................................ 17\n4.11 Confirmation of informal service .................................................... 18\n4.12 Service under agreement .............................................................. 18\n4.13 No service Christmas Day or Good Friday .................................... 18\n4.14 Affidavit or declaration of service ................................................... 18\n\nWork Health Court Rules 1999 iii\nDivision 1 Application for interim determination\n5.01 Application for interim determination ............................................. 19\n5.02 Form and content .......................................................................... 19\n5.03 Filing and service ........................................................................... 21\n5.04 Affidavit of service ......................................................................... 21\n5.05 Time for filing ................................................................................. 21\n5.06 Form and content .......................................................................... 22\n5.07 Appearance by dependant ............................................................ 22\n5.08 Service........................................................................................... 23\n6.01 Definitions ...................................................................................... 23\n6.02 When application may be made .................................................... 23\n6.03 Form and content .......................................................................... 23\n6.04 Filing and date for hearing ............................................................. 23\n6.05 Service........................................................................................... 24\n6.06 Evidence by affidavit ...................................................................... 24\n6.07 Attendance by communication link ................................................ 25\n6.08 Failure to attend hearing ................................................................ 25\n6.09 Interlocutory orders by consent ..................................................... 25\n7.01 Date for directions conference ....................................................... 26\n7.02 Reports to be filed ......................................................................... 26\n7.03 Attendance at directions conference ............................................. 26\n7.04 Procedure at directions conference ............................................... 27\n7.05 Reports to be filed ......................................................................... 28\n7.06 Attendance at conciliation conference ........................................... 28\n7.07 Procedure at conciliation conference............................................. 29\n7.08 Conciliation to be confidential ........................................................ 30\n\nWork Health Court Rules 1999 iv\n7.09 Case management statement........................................................ 30\n7.10 Attendance at prehearing conference............................................ 31\n7.11 Procedure at prehearing conference ............................................. 31\n7.12 Attendance by communication link ................................................ 32\n7.13 Failure to attend conference, obey order, &c. ................................ 32\n8.01 Form and content .......................................................................... 33\n8.02 Additional claims or matters........................................................... 34\n8.03 Matter to be pleaded ...................................................................... 34\n8.04 Subsequent pleading ..................................................................... 34\n8.05 Inconsistent pleading ..................................................................... 34\n8.06 Particulars of pleading ................................................................... 34\n8.07 Denial and pleading different facts ................................................ 34\n8.08 Amendments and orders as to form, filing and service .................. 35\n","sortOrder":1},{"sectionNumber":"Part 9","sectionType":"part","heading":"Statement of claim, notice of defence and","content":"Part 9 Statement of claim, notice of defence and\ncounterclaim\n9.01 Form and content .......................................................................... 35\n9.02 Filing and service ........................................................................... 37\nDivision 2 Notice of defence\n9.03 Filing and service ........................................................................... 37\n9.04 Form and content .......................................................................... 37\n9.05 Counterclaim ................................................................................. 37\n10.01 Definition........................................................................................ 38\n10.02 Litigation guardian ......................................................................... 38\n10.03 Person who may be litigation guardian .......................................... 39\n10.04 Consent of litigation guardian ........................................................ 39\n10.05 Appointment, &c., of litigation guardian by Court ........................... 39\n10.06 Pleading admissions by person under disability ............................ 40\n10.07 Litigation guardian liable for costs ................................................. 40\n10.08 Money to be paid to public trustee ................................................. 40\n\nWork Health Court Rules 1999 v\n10.09 Legal practitioner's lien .................................................................. 40\n11.01 Application for orders..................................................................... 40\n11.02 Person served may file and serve affidavit .................................... 41\n11.03 Orders in discretion of Court .......................................................... 41\n12.01 Party to give discovery .................................................................. 41\n12.02 List of documents .......................................................................... 42\n12.03 Affidavit verifying list of documents................................................ 42\n12.04 Continuing discovery ..................................................................... 43\n12.05 Request for inspection ................................................................... 43\n12.06 Production ..................................................................................... 43\n12.07 Copies of documents ..................................................................... 44\n12.08 Audio and visual devices, &c. ........................................................ 44\n12.09 Failure to give discovery or allow inspection.................................. 45\n13.01 When interrogatories allowed ........................................................ 45\n13.02 Statement if multiple parties interrogated ...................................... 46\n13.03 Form, service and filing of answers ............................................... 46\n13.04 Answers to interrogatories ............................................................. 46\n13.05 Objections...................................................................................... 47\n13.06 Who to answer............................................................................... 48\n13.07 Failure to answer ........................................................................... 49\n13.08 Answers as evidence ..................................................................... 49\n14.01 Definition........................................................................................ 49\n14.02 Restrictive effect of admission ....................................................... 50\n14.03 Voluntary admission of facts .......................................................... 50\n14.04 Notice to dispute facts ................................................................... 50\n14.05 Notice to dispute authenticity of documents .................................. 51\n14.06 Costs of proof ................................................................................ 51\n14.07 Judgment on admission ................................................................. 51\n15.01 Form of agreement ........................................................................ 52\n15.02 Notice of receipt of agreement....................................................... 52\n15.03 Notice of objection ......................................................................... 52\n15.04 Registrar to make inquiries ............................................................ 53\n\nWork Health Court Rules 1999 vi\n15.05 Court to consider report, &c. .......................................................... 53\n15.06 Notice on recording agreement ..................................................... 54\n15.07 Application for commutation .......................................................... 54\n15.08 Consent to commutation ................................................................ 55\n15.09 Service of application .................................................................... 55\n15.10 Consideration of application .......................................................... 55\n15.11 Hearing of application .................................................................... 55\n16.01 Manner of giving evidence ............................................................. 56\n16.02 Orders relating to manner of giving evidence ................................ 56\n16.03 Evidence by communication link.................................................... 56\n16.04 Notice for attendance of deponent................................................. 57\n17.01 Form of affidavit ............................................................................. 58\n17.02 Affidavit by multiple deponents ...................................................... 59\n17.03 Affidavit by person unable to read ................................................. 59\n17.04 Affidavit by person unable to write ................................................. 60\n17.05 Affidavit by person unable to understand English .......................... 60\n17.06 Content of affidavit ......................................................................... 61\n17.07 Annexures and exhibits ................................................................. 61\n17.08 Filing .............................................................................................. 61\n17.09 Alterations...................................................................................... 62\n17.10 Irregularity...................................................................................... 62\n17.11 Affidavit witnessed by party etc. .................................................... 62\n17.12 Affidavit made before commencement of proceeding.................... 62\n18.01 Interpretation ................................................................................. 63\n18.02 Service of medical reports ............................................................. 63\n18.03 Notice of reliance on other party's medical report .......................... 63\n18.04 Notice for attendance of medical expert ........................................ 64\n18.05 Effect of non-service of notice for attendance................................ 64\n18.06 Evidence to be disclosed ............................................................... 64\n18.07 Statement of expert evidence ........................................................ 65\n18.08 Putting other party's expert statement in evidence ........................ 65\n18.09 Admissibility of expert statement ................................................... 65\n\nWork Health Court Rules 1999 vii\n18.10 Notice for attendance of expert...................................................... 66\n19.01 Definitions ...................................................................................... 66\n19.02 Order to attend .............................................................................. 67\n19.03 Summons to give evidence............................................................ 67\n19.04 Form and filing of summons for production.................................... 67\n19.05 Summons for production at hearing............................................... 67\n19.06 Summons for production before hearing ....................................... 68\n19.07 Service........................................................................................... 68\n19.08 Expenses and losses incurred complying with summons .............. 68\n19.09 Delivery of documents by hand or post ......................................... 69\n19.10 Objections and setting aside summons ......................................... 69\n19.11 Orders for inspection ..................................................................... 70\n","sortOrder":2},{"sectionNumber":"Part 20","sectionType":"part","heading":"Hearing of proceeding","content":"Part 20 Hearing of proceeding\n20.01 Notice of hearing ........................................................................... 71\n20.02 Determination of all questions, &c. ................................................ 71\n20.03 Determination in absence of party ................................................. 71\n","sortOrder":3},{"sectionNumber":"Part 21","sectionType":"part","heading":"Default judgment, summary judgment and","content":"Part 21 Default judgment, summary judgment and\nassessment of compensation\n21.01 Application for default judgment .................................................... 71\n21.02 Application for summary judgment ................................................ 72\n21.03 Form of application, &c. ................................................................. 72\n21.04 Review of proceeding .................................................................... 72\n21.05 Magistrate to make assessment .................................................... 73\n21.06 Application to set aside default judgment ...................................... 73\n22.01 Filing and serving draft .................................................................. 73\n22.02 Party may request amendment of draft ......................................... 73\n22.03 Parties may endorse agreement on draft ...................................... 74\n22.04 Settling draft, &c. ........................................................................... 74\n22.05 Court may correct error.................................................................. 74\n\nWork Health Court Rules 1999 viii\n23.01 Definitions ...................................................................................... 75\n23.02 Application of Supreme Court Rules 1987 ..................................... 75\n23.03 Power and discretion of Court ....................................................... 76\n23.04 Court to fix percentage of Supreme Court costs ............................ 76\n23.05 Failure to provide correct information to mediator ......................... 77\n23.06 Costs in respect of conciliation conference.................................... 77\n23.07 Costs of interlocutory application ................................................... 77\n23.08 Taxing officer ................................................................................. 77\n23.09 Bill of costs .................................................................................... 78\n23.10 Notice of objection ......................................................................... 78\n23.11 Particular allowances ..................................................................... 79\n23.12 Review of taxing officer's order ...................................................... 79\n24.01 Change in legal practitioner ........................................................... 80\n24.02 Appointment of legal practitioner ................................................... 80\n24.03 Ceasing to act................................................................................ 80\n24.04 Service if practitioner ceases to practise ....................................... 81\n25.01 Repeal ........................................................................................... 81\n\n____________________\nAs in force at 25 May 2024\n____________________\nWORK HEALTH COURT RULES 1999\nRules under the Work Health Administration Act 2011\nDivision 1 Citation and Commencement\n1.01 Citation\nThese Rules may be cited as the Work Health Court Rules 1999.\n1.02 Commencement\nThese Rules come into operation on the commencement of the\nWork Health Amendment Act (No. 2) 1998.\nDivision 2 Application of Rules\n1.03 Definitions\nIn this Division:\ncommencement date means the date on which these Rules come\ninto operation.\nformer Rules means the Work Health Court Rules 1987 in force\nimmediately before the commencement date.\npending proceeding means a proceeding in the Court to which,\nimmediately before the commencement date, the former Rules\napplied.\n1.04 Application\n(1) These Rules apply to every proceeding commenced in the Court on\nor after the commencement date.\n(2) Subject to this Division, these Rules apply with the necessary\nchanges to a pending proceeding.\n\nWork Health Court Rules 1999 2\n(3) The Court may order that the former Rules or certain procedures\nprescribed by the former Rules are to apply to a pending\n(4) The repeal of the former Rules does not affect anything done or\nomitted to be done in a pending proceeding before the\ncommencement date and, except as provided in this Division,\nanything done or omitted to be done before that date is to be taken\nto have been done or omitted under these Rules.\n1.05 Jurisdiction not affected\nNothing in these Rules limits the jurisdiction, power or authority that\nthe Court had immediately before the commencement date.\n1.06 Time for doing act in pending proceeding\nIf the time for doing an act in a pending proceeding is specified in\nprocess issued or an order made by the Court before the\ncommencement date, that time continues to apply to that act\ndespite anything to the contrary in these Rules.\n1.07 Costs in pending proceeding\nThe costs for work done in a pending proceeding:\n(a) before the commencement date are to be determined in\naccordance with the former Rules; and\n(b) on or after the commencement date are to be determined in\naccordance with these Rules.\n1.08 Interpretation\n(1) In these Rules, unless the contrary intention appears:\nan Act includes an Act of the Commonwealth.\nassigned magistrate means a magistrate assigned by the\nmanaging magistrate under rule 1.11 to supervise a proceeding.\nAuthority means the Work Health Authority.\ncommunication link means facilities (including telephone and\nclosed-circuit television) that enable audio, audio visual or visual\ncommunication between persons at different places.\n\nWork Health Court Rules 1999 3\nconciliation officer means a person authorised by the Chief\nMagistrate to preside at a conciliation conference.\ncorporation means a corporation within the meaning of the\nCorporations Act 2001.\ncounterclaim means a claim in a proceeding:\n(a) by an employer against a worker; or\n(b) by a respondent against an applicant.\nCourt includes a magistrate, a Judicial Registrar, the Registrar and\nan Assistant Registrar.\ndetermination includes a decision and a judgment.\ndiscovery means discovery and inspection of documents or\ndiscovery by written interrogatories.\ndocument exchange facility means a document exchange facility\napproved for the time being by the Chief Justice on the\nrecommendation of the Law Society Northern Territory.\nfile means to lodge in a registry or at a place approved by the Chief\nMagistrate as a place where documents may be lodged for the\npurposes of these Rules.\nfirm means an unincorporated body of persons (whether consisting\nof individuals or of corporations or partly of individuals and partly of\ncorporations) associated together to conduct business.\nhospital report means a statement in writing concerning a worker,\nmade by or on behalf of a hospital, rehabilitation centre or other\nsimilar institution.\nmedical report:\n(a) means a statement in writing by a medical expert concerning a\nworker; and\n(b) includes a document (including a radiographic document) that\nthe medical expert intends should be read with the statement,\nwhether the document was in existence at the time the\nstatement was made or was a document that he or she\nsubsequently obtained or caused to be brought into existence.\norder includes a direction, decision, determination and judgment,\nwhether final or otherwise.\n\nWork Health Court Rules 1999 4\nparty, in relation to a proceeding, means the worker, employer,\napplicant or respondent or a person joined as a party.\npleading does not include an application commencing a\nproceeding or an appearance.\npossession means possession, custody or power.\nRegistrar includes an Assistant Registrar and a Judicial Registrar.\nregistry means an office of a Registrar.\nseal means the seal of the Court.\nthe Act means the Return to Work Act 1986.\n(2) In these Rules, unless the contrary intention appears:\n(a) a person who commences or has commenced a proceeding in\nrespect of a decision of his or her employer:\n(i) to dispute liability for compensation claimed by the\nperson;\n(ii) to cancel or reduce compensation being paid to the\nperson; or\n(iii) in relation to a matter or question incidental to or arising\nout of the person's claim for compensation,\nis called the worker and the person against whom the\nproceeding is or was commenced is called the employer; and\n(b) a person who commences or has commenced any other\nproceeding under the Act is called the applicant and the\nperson against whom the proceeding is commenced is called\nthe respondent.\n1.09 Registry hours\nThe hours of a registry are those of the Local Court at which the\nregistry is situated.\n1.10 Registry seal\n(1) Each registry is to have a seal of the Court approved by the Chief\nMagistrate and kept by a Registrar.\n\nWork Health Court Rules 1999 5\n(2) The seal is to be used by or at the direction of a Registrar to stamp\nall documents in relation to a proceeding filed in or issued out of:\n(a) the registry; or\n(b) a place approved by the Chief Magistrate as a place where\ndocuments may be lodged for the purposes of these Rules.\n1.11 Managing magistrate\nSubject to the directions of the Chief Magistrate, the managing\nmagistrate must manage the business of the Court as he or she\nsees fit, including the assigning of a magistrate to supervise a\n1.12 Procedure for which no provision made\nIf the procedure:\n(a) for commencing or taking a step in a proceeding; or\n(b) by which the jurisdiction, power or authority of the Court is\nexercisable,\nis not prescribed by these Rules or by or under the Act, the Court\nmay make the orders or follow the procedure it thinks fit.\n1.13 Act by corporation\nIf the Court makes an order that a corporation is to do an act, it may\norder that the act be done by the corporation by an appropriate\nofficer.\n1.14 Power to act by legal practitioner, &c.\nUnless the contrary intention appears, anything in a proceeding that\nis required or permitted by these Rules, an Act, or otherwise by law\nto be done by a party may be done by:\n(a) the party's legal practitioner; or\n(b) the person entitled under section 98 of the Act to represent the\n1.15 Appeal against order, etc. made by Registrar\n(1) An appeal under section 114A of the Act is to be by application\nmade under Part 6.\n\nWork Health Court Rules 1999 6\n(2) Unless a magistrate orders otherwise, an appeal under this rule\ndoes not act as a stay of the order or thing appealed against.\n(3) Except with the leave of a Registrar or magistrate, an appeal under\nthis rule is to be commenced not later than 14 days after the date\non which the order or thing appealed against was made or done.\n2.01 Calculating time\n(1) Unless the Court orders otherwise, a time fixed by these Rules or\nby an order or document in a proceeding is to be calculated in\naccordance with this rule.\n(2) If a time of one day or longer is to begin on or be calculated from a\nday or event, the day or the day on which the event occurs is to be\nexcluded.\n(3) If a time of one day or longer is to end on or be calculated to a day\nor event, the day or the day on which the event occurs is to be\nincluded.\n(4) If a time of 7 days or less includes a day on which a registry is\nclosed, that day is to be excluded.\n(5) If the last day for doing an act at a registry is a day on which the\nregistry is closed, the act may be done on the next day the registry\nis open.\n2.02 Time of service\n(1) Service that is effected:\n(a) after 4.00 p.m. on a Monday to Friday inclusive;\n(b) after 12 noon on a Saturday;\n(c) at any time on a Sunday; or\n(d) at any time on a public holiday (except Christmas Day or\nGood Friday) in the place where service is effected,\nis to be taken as having been effected on the next day the registry\nis open.\n\nWork Health Court Rules 1999 7\n(2) If a document is delivered into a document exchange facility in\naccordance with rule 4.07(1)(d), service is to be taken as having\nbeen effected on the next day on which the document exchange\nfacility is open for business.\n2.03 Expanding or abridging time\n(1) Subject to section 94(2) of the Act, the Court may expand or\nabridge a time fixed by these Rules or the Act.\n(2) If the Court thinks fit, it may expand a time under subrule (1) before\nor after the time expires, whether or not an application for\nexpansion is made before the time expires.\n(3) If the Court orders an expansion or abridgement of a time, the party\nwho applied for the order must give notice as soon as practicable to\nall other parties:\n(a) by endorsement on a document to be filed and served; or\n(b) in the manner the Court orders.\n(4) The time for delivering, amending or filing a document in a\nproceeding, other than under Part 6 of the Act, may be expanded\nwithout an application to the Court if all the other parties give written\nconsent.\n2.04 Fixing time\nIf a time for doing an act in a proceeding is not fixed by these Rules\nor an order, the Court may fix a time.\n2.05 Prescribed forms\n(1) A reference in these Rules to a form by number is a reference to a\nform so numbered in the Schedule.\n(2) If a document required by or under the Act or these Rules is not\nprescribed in these Rules or the practice directions given under\nsection 95(1) of the Act, the Registrar may accept a document in\nthe form he or she approves.\n(3) An inaccuracy in the completion of a form or the use of a wrong\nform does not invalidate a proceeding, but the Court may make\namendments to the form or make the orders that the Court\nconsiders appropriate.\n\nWork Health Court Rules 1999 8\n2.06 Filing documents\n(a) an application commencing a proceeding has been filed; and\n(b) a document in connection with the proceeding is to be filed\n(other than an appearance to be filed under Division 3 of\nPart 5),\nthe document is to be filed by delivering it to the registry or place\nwhere the application was filed.\n(2) A party required to file a document need file only one copy unless\nthese Rules specify otherwise.\n(3) If a document (other than an affidavit) is to be filed accompanied by\nother documents, the documents are to be numbered consecutively\nat the top of each first page and attached securely, in numerical\norder, to an index of documents in accordance with Form 2A.\n2.07 Registrar may post document, &c.\nIf the Registrar is required by these Rules to give or send a\ndocument to a person, the Registrar may:\n(a) send the document by post to the person's last known\naddress;\n(b) send the document by facsimile transmission to the number\nprovided for the purpose; or\n(c) if the person or the person's legal practitioner has a document\nexchange facility – deliver the document into the facility.\n2.08 Form and content\n(1) A document prepared for use in the Court is to be prepared in\naccordance with this rule.\n(2) A document is to:\n(a) be of durable paper in the size known as International Paper\nSize A4 and be capable of receiving writing in ink;\n(b) have a left-hand margin of at least 25 millimetres;\n(c) be printed or typed and the text is to be clear, sharp, legible\nand permanent;\n\nWork Health Court Rules 1999 9\n(d) be headed \"In the Work Health Court at\" followed immediately\nby the venue of the Court in which the proceeding has been or\nis to be commenced and state the identifying number\nassigned by the Court to the proceeding;\n(e) specify the names of all the parties to the proceeding;\n(f) contain a short heading indicating the nature of the document;\nand\n(g) state the name, address and telephone, facsimile and\nreference numbers of the legal practitioner who prepared the\nform or, if the party acts without a legal practitioner, the name,\naddress and telephone and facsimile numbers of the party.\n(3) A document is not to have a backing sheet.\n(4) Dates (other than months), amounts and other numbers are to be\nexpressed in figures and not in words.\n(5) The Court may require a document in a proceeding to be prepared\nin a manner it considers appropriate.\n3.01 Proper venue\n(1) A proceeding is to be commenced in a proper venue of the Court.\n(2) In the case of a proceeding commenced by a worker, a proper\nvenue is a registry that is nearest to:\n(a) the worker's residence immediately before the proceeding is\ncommenced;\n(b) the worker's residence at the time the injury occurred or the\ndisease was contracted;\n(c) the workplace where the injury occurred or the disease was\ncontracted; or\n(d) the place of business of the employer.\n\nWork Health Court Rules 1999 10\n(3) In the case of a proceeding commenced under section 62(2) of the\nAct by a person claiming to be a dependant of a deceased worker,\na proper venue is a registry that is nearest to:\n(a) the dependant's residence immediately before the proceeding\nis commenced;\n(b) the dependant's residence at the time the deceased worker\nsuffered the injury or contracted the disease that caused his or\nher death;\n(c) the workplace where the deceased worker suffered the injury\nor contracted the disease that caused his or her death; or\n(d) the place of business of the person who was the employer of\nthe deceased worker at the time the deceased worker suffered\nthe injury or contracted the disease that caused his or her\ndeath.\n(4) In any other case, a proper venue is a registry that is nearest to:\n(a) the applicant's or respondent's residence immediately before\nthe proceeding is commenced;\n(b) the applicant's or respondent's residence at the time the claim\narose;\n(c) the applicant's or respondent's place of business immediately\nbefore the proceeding is commenced;\n(d) the applicant's or respondent's place of business at the time\nthe claim arose; or\n(e) the place where the claim arose.\n(5) Whether or not a proceeding is commenced in a venue of the Court\nthat is not a proper venue, the Court may hear and determine the\nproceeding at the venue at which the proceeding was commenced\nor at another venue the Court considers appropriate.\n(6) A proceeding is not void or in any other way affected by reason only\nthat the proceeding was heard and determined at a venue of the\nCourt other than a proper venue.\n\nWork Health Court Rules 1999 11\nDivision 2 Commencement of proceeding and making\ninterlocutory application\n3.02 Commencement of proceeding\nA proceeding is commenced:\n(a) by filing an application under Division 2 of Part 5; or\n(b) in the case of an application for commutation of compensation\npayments – by filing an application under Division 2 of Part 15.\n3.03 Interlocutory application\nAn interlocutory application is to be made under Part 6.\n3.04 Orders for conduct of proceeding\n(1) At any stage of a proceeding the Court may, of its own motion or on\napplication, make orders relating to the conduct of the proceeding\nthat the Court thinks are conducive to its fair, effective, complete,\nprompt and economical determination.\n(2) Without limiting subrule (1), the Court may at any stage of a\nproceeding make orders relating to the following matters:\n(a) the facilitating of agreement between the parties;\n(b) admissions in relation to questions involved in the proceeding;\n(c) filing and service of or dispensing with pleadings, including a\nstatement of claim and notice of defence;\n(d) provision of further and better particulars of a fact or matter;\n(e) time limits for pleadings;\n(f) discovery and inspection;\n(g) interrogatories;\n(h) referring the parties to or dispensing with a directions\nconference or prehearing conference;\n(j) referring the parties to a conciliation conference;\n(k) settling issues for the hearing of the proceeding;\n\nWork Health Court Rules 1999 12\n(m) listing the proceeding for hearing;\n(n) the giving of evidence and the calling of witnesses;\n(p) the admission into evidence of facts or documents;\n(q) other matters of practice and procedure.\n3.05 Order for admissions or agreements\n(1) On an application for an order relating to the conduct of a\nproceeding, the Court must:\n(a) be satisfied that admissions to be made or agreements\nproposed relating to the conduct of the proceeding are\nreasonable and ought reasonably to be made; and\n(b) record the admissions or agreements made.\n(2) The Court:\n(a) must record a refusal to make an admission or agreement\nrelating to the conduct of the proceeding; and\n(b) may later, if the Court considers it appropriate, take the refusal\ninto account on a question of costs.\n3.06 Other party may apply for orders\nIf a party applies for orders relating to the conduct of a proceeding,\nany other party who attends at the hearing of the application may\napply for orders.\n3.07 Notice of discontinuance or withdrawal\n(1) At any time before the date fixed for the hearing of a proceeding a\nparty may, without the leave of the Court:\n(a) discontinue an application or counterclaim by filing and\nserving a notice of discontinuance; or\n(b) withdraw an appearance or notice of defence by filing and\nserving a notice of withdrawal.\n(2) A notice of discontinuance or withdrawal is to be in accordance with\nForm 3A.\n\nWork Health Court Rules 1999 13\n(3) Discontinuance or withdrawal is effective when the relevant notice\nhas been filed and served.\n3.08 Costs\n(1) A party who discontinues or withdraws must pay the costs of the\nother party incurred before service of the notice of discontinuance\nor withdrawal unless the Court orders otherwise.\n(2) Costs to be paid under this rule may be recovered as an award of\nthe Court.\n3.09 Similar application for same cause\nA party who discontinues an application or counterclaim may\ncommence a similar application or make a counterclaim for the\nsame cause only:\n(a) with the leave of the Court; or\n(b) with the consent of the other party.\n4.01 Documents to be served\nA copy of each document filed by a party is to be served on each\nother party.\n4.02 When personal service necessary\nA document to be served in a proceeding need not be served\npersonally unless personal service is required by the Act, these\nRules or an order of the Court.\n4.03 How personal service effected\n(1) Personal service of a document is effected:\n(a) by leaving a copy of the document with the person to be\nserved; or\n(b) if the person does not accept the copy – by putting the copy\ndown in the person's presence and telling the person the\nnature of the document.\n(2) To effect personal service, it is not necessary to show the original\ndocument.\n\nWork Health Court Rules 1999 14\n4.04 Personal service on particular party\nPersonal service of a document is effected by serving the document\nin accordance with rule 4.03:\n(a) in the case of a corporation:\n(i) if it is a company within the meaning of the Corporations\nAct 2001 – by serving a document in accordance with\nsection 109X of that Act; or\n(ii) if it is a registered body within the meaning of the\nCorporations Act 2001 – by serving a document in\naccordance with section 601CZ of that Act.\n(b) in the case of a statutory corporation – on the Commissioner,\nchairperson, president, manager, chief executive officer or\nother officer of the statutory corporation;\n(c) in the case of the Territory or the Crown in right of the\nTerritory – on the Solicitor for the Northern Territory or a\nperson authorised to accept service of documents on behalf of\nthe Solicitor for the Northern Territory;\n(d) in the case of the Commonwealth or the Crown in right of the\nCommonwealth – on the Australian Government Solicitor or a\nperson authorised to accept service of documents on behalf of\nthe Australian Government Solicitor;\n(e) in the case of the Authority – on the Chief Executive Officer or\na person authorised to accept service of documents on behalf\nof the Chief Executive Officer;\n(f) in the case of an infant:\n(i) on a parent or guardian of the infant; or\n(ii) if there is no such person – on the person with whom the\ninfant resides or in whose care the infant is; or\n(g) in the case of a person under a disability as defined in\nrule 10.01(b):\n(i) on the person who, under Part 10, is the litigation\nguardian in the proceeding to which the person with a\ndisability is a party; or\n(ii) if there is no litigation guardian – on the person with\nwhom the person under a disability resides or in whose\ncare the person is.\n\nWork Health Court Rules 1999 15\n4.05 Personal service on firm or company\nPersonal service is effected on:\n(a) individuals suing or being sued in the name of a firm, the\nbusiness name of which is registered under the Business\nNames Act 2007 – by:\n(i) leaving a document, addressed to the firm, at the firm's\nbusiness address with someone who appears to be at\nleast 16 years old and appears to be employed by the\nfirm; or\n(ii) sending a document by registered post addressed to the\nfirm at the firm's business address; or\n(b) individuals suing or being sued in the name of a firm, the\nbusiness name of which is not registered under the Business\nNames Act 2007 – by serving a document in accordance with\nrule 4.03 on a person who appears to be a member of the firm\nor to have the control or management of the business; or\n(c) on a company within the meaning of the Corporations\nAct 2001 – by serving a document in accordance with the\nrelevant subsections of section 109X of the Act.\n4.06 Address for service\n(1) The address for service of a worker or applicant is:\n(a) if he or she is represented by a legal practitioner – the\nbusiness address in Australia of the legal practitioner or the\nlegal practitioner's agent as stated in the application\ncommencing the proceeding;\n(b) if he or she commences a proceeding in person – the address\nfor service in Australia as stated in the application\ncommencing the proceeding; or\n(c) in the case of a worker who is represented by a person under\nsection 98 of the Act – the address of the person in Australia\nas stated in the application commencing the proceeding.\n(2) The address for service of an employer or respondent is:\n(a) if he or she is represented by a legal practitioner – the\nbusiness address in Australia of the legal practitioner or the\nlegal practitioner's agent as stated in the appearance; or\n\nWork Health Court Rules 1999 16\n(b) if he or she defends in person – the address for service in\nAustralia as stated in the appearance.\n(3) A party, or a party's legal practitioner, may include in the address\nfor service a number for facsimile transmission by which service of\ndocuments may be effected.\n4.07 How ordinary service effected\n(1) If personal service of a document is not required, the document\nmay be served:\n(a) by leaving it at the address for service of the person to be\nserved;\n(b) by sending it by prepaid post to the person to be served at the\nperson's address for service;\n(c) if provision is made by or under an Act for service of a\ndocument on a corporation – by serving it in accordance with\nthe provision;\n(d) if the legal practitioner for a party has a document exchange\nfacility – by delivering it into the facility; or\n(e) if a party or a party's legal practitioner has the facility for the\nreception of documents by facsimile transmission – by\ntransmitting the document to the facility.\n(2) For the purpose of subrule (1), if at the time service is to be effected\nthe person to be served has not stated an address for service in\naccordance with rule 4.06, the address for service is:\n(a) in the case of an individual – the person's usual or last known\nplace of residence or business;\n(b) in the case of individuals suing or being sued in the name of a\nfirm – the principal or last known place of business of the firm;\nor\n(c) in the case of a corporation – the registered office or principal\nplace of business of the corporation.\n4.08 Identity of person served\nFor the purposes of proof of service, evidence of a statement by a\nperson:\n(a) of the person's identity; or\n\nWork Health Court Rules 1999 17\n(b) that the person holds a particular office,\nis evidence of that fact.\n4.09 Acceptance of service by legal practitioner\nIf, in a proceeding:\n(a) a document is to be served on a person; and\n(b) a legal practitioner makes a note on a copy of the document\nthat he or she accepts service of the document on behalf of\nthe person,\nunless the legal practitioner is shown not to have had authority to\naccept service, the document is to be taken as having been served\non the person on the day on which the legal practitioner made the\nnote or on such other day as is proved.\n4.10 Substituted service\n(1) If it is impracticable to serve a document in a manner required by\nthese Rules, the Court may order that, instead of service, steps\nspecified by the Court be taken to bring the document to the notice\nof the person to be served.\n(2) If the Court makes an order under subrule (1), it may order that the\ndocument is to be taken as served when a specific event happens\nor a specific time expires.\n(3) The Court may make an order under subrule (1) despite the person\nwho is to be served being out of the Territory when the proceeding\nis commenced or the order is made.\n(4) An application for an order under subrule (1) is to be supported by\nan affidavit stating:\n(a) that attempts at service have been unsuccessful, or the\nreason personal service is impracticable;\n(b) the manner of service proposed; and\n(c) how the proposed manner of service will bring the document\nto the notice of the person to be served.\n\nWork Health Court Rules 1999 18\n(5) In deciding whether it is impracticable to serve a document, the\nCourt must consider:\n(a) whether the applicant has taken reasonable steps to discover\nthe whereabouts of the person to be served and to serve the\nperson with the document;\n(b) the means of the applicant, the likely cost to the applicant and\nthe nature of the document to be served;\n(c) whether by advertising or some other method the existence of\nthe document is likely to come to the knowledge of the person\nto be served; and\n(d) any other relevant matters.\n(6) In the case of an application by a worker, the Court may order that\nservice on the employer's insurer is sufficient service on the\nemployer.\n4.11 Confirmation of informal service\nIf a document has not been served in a manner required by or\nunder these Rules or a law in force in the Territory but steps have\nbeen taken to bring, or which may tend to bring, the document to\nthe notice of the person to be served, the Court may order that the\ndocument be taken as served on the person on a date specified in\nthe order.\n4.12 Service under agreement\nIf, before or after the commencement of a proceeding, the parties\nagree that documents may be served on a party or on a person on\nbehalf of a party in a manner or at a place specified in the\nagreement, service in accordance with the agreement is proper\nservice.\n4.13 No service Christmas Day or Good Friday\nA person is not entitled to serve a document on Christmas Day or\nGood Friday and service on those days is ineffective.\n4.14 Affidavit or declaration of service\n(1) In the case of personal service of a document, an affidavit or\ndeclaration of its service is to have attached a copy of the\ndocument served or clearly describe the document and state:\n(a) by whom the document was served;\n\nWork Health Court Rules 1999 19\n(b) the time, day of the week and date when the document was\nserved; and\n(c) the manner of identifying the person served.\n(2) In the case of ordinary service of a document, an affidavit or\ndeclaration of its service is to state, with relevant dates, the facts\nconstituting service.\n(3) A document purporting to be an affidavit or declaration of service is\nto be taken as evidence of proper service of the document unless\nthe contrary is proved.\nDivision 1 Application for interim determination\n5.01 Application for interim determination\n(1) A party making an application in respect of an interim\ndetermination, referred to in section 107 of the Act, must do so by\ninterlocutory application.\n(2) A party may file and serve an affidavit in reply to an application for\nan interim determination not later than 14 days after being served\nwith the application.\n5.02 Form and content\n(1) An application commencing a proceeding is to be in accordance\nwith Form 5A and is to:\n(a) specify the section of the Workplace Health and Safety\nAct 2007 or the Return to Work Act 1986 to which the\napplication relates;\n(b) state the full name, address, telephone number and facsimile\nnumber (if any) of the party making the application;\n(c) if the party making the application is a worker who is\nrepresented by a person under section 98 of the Act – state\nthe full name, address, telephone number and facsimile\nnumber (if any) of the person;\n\nWork Health Court Rules 1999 20\n(d) if the party making the application is represented by a legal\npractitioner:\n(i) state the name of the legal practitioner and his or her\nfirm, the business address in Australia and the\ntelephone, facsimile and reference numbers of the legal\n(ii) if the legal practitioner is the agent of another legal\npractitioner – state the name, firm, business address and\ntelephone, facsimile and reference numbers of the\nprincipal;\n(e) specify, in accordance with rule 4.06, the address for service\nof the party making the application;\n(f) be signed by the party making the application or a legal\npractitioner on the party's behalf;\n(g) show the date on which the application is filed; and\n(h) be signed and sealed by a Registrar.\n(2) Unless the Court orders otherwise, an application filed by a worker\nis to be accompanied by a copy of the following documents (as\napplicable) that relate to the worker's claim:\n(a) the worker's claim form and medical certificate referred to in\nsection 82 of the Act;\n(b) notifications of decisions and statements made under\nsection 85 of the Act;\n(c) applications and decisions made under section 86 of the Act;\n(d) notices and statements given under section 69 of the Act;\n(e) all hospital reports and medical reports in the worker's\npossession, whether or not they support the worker's claim;\n(f) the certificate issued by the mediator under section 103J of\nthe Act.\n(3) An application under section 62(2) of the Act by a person claiming\nto be a dependant of a deceased worker is to be accompanied by a\nlist of the names and addresses of all other persons who, to the\nbest of the applicant's knowledge, were dependants of the\ndeceased worker at the time of his or her death.\n\nWork Health Court Rules 1999 21\n5.03 Filing and service\n(1) A party must file sufficient copies of an application made under this\nDivision to enable the party to serve a sealed copy on each other\n(2) The party must serve a sealed copy of the application and, if\napplicable, the documents referred to in rule 5.02(2) personally on\nthe other parties as soon as practicable.\n5.04 Affidavit of service\n(1) Subject to subrule (3), an affidavit of service of an application made\nunder this Division is be filed before the date fixed under rule 7.01\nfor the directions conference.\n(2) An affidavit of service of an application is to be in accordance with\nForm 5B.\n(3) An affidavit of service of an application need not be filed if the\nemployer or respondent files an appearance before the date fixed\nfor the directions conference.\n(4) If a party required by this rule to file an affidavit of service does not\ndo so within the time fixed by subrule (1), the Court may:\n(a) strike out the application; or\n(b) allow the application to proceed on the terms the Court orders.\n5.05 Time for filing\n(1) An employer or respondent served with an application under\nDivision 2 must file an appearance not later than 14 days after the\ndate of service.\n(2) An appearance may be filed by post.\n(3) If a party referred to in subrule (1) does not file an appearance\nwithin the time fixed by that subrule, the party who made the\napplication may apply for default judgment under Part 21 and, if\n\nWork Health Court Rules 1999 22\n5.06 Form and content\n(1) An appearance is to be in accordance with Form 5C and is to:\n(a) state the full name, address, telephone number and facsimile\nnumber (if any) of the party filing the appearance;\n(b) if the party filing the appearance is represented by a legal\npractitioner:\n(i) state the name of the legal practitioner and his or her\nfirm, the business address in Australia and the\ntelephone, facsimile and reference numbers of the legal\n(ii) if the legal practitioner is the agent of another legal\npractitioner – state the name, firm, business address and\ntelephone, facsimile and reference numbers of the\nprincipal;\n(c) specify, in accordance with rule 4.06, the address for service\nof the party filing the appearance;\n(d) be signed by the party filing the appearance or a legal\npractitioner on the party's behalf;\n(e) show the date on which the appearance is filed; and\n(f) be sealed by a Registrar.\n(2) An appearance filed by an employer is to:\n(a) state the extent to which the facts stated by the worker on the\noriginal claim form are alleged to be inaccurate or incomplete;\n(b) if the employer has a claim against the worker – contain a\nbrief statement of the claim; and\n(c) be accompanied by all hospital reports and medical reports in\nthe possession of the employer relating to the worker's claim,\nwhether or not they support the employer's allegations.\n5.07 Appearance by dependant\n(1) A person (other than the applicant) who claims to be a dependant in\nrespect of an application under section 62(2) of the Act is a\nrespondent to the application and must:\n(a) file an appearance; and\n(b) serve a copy on the applicant and each other respondent.\n\nWork Health Court Rules 1999 23\n(2) Before determining an application under section 62 of the Act, the\nCourt must be satisfied that all persons who are or may be entitled\nto claim as dependants have come to its attention.\n5.08 Service\n(1) An employer or respondent must serve a copy of the appearance\nand any accompanying documents on the party who made the\napplication as soon as practicable, but not later than 14 days after\nthe date on which the appearance was filed.\n(2) An appearance may be served by post.\n6.01 Definitions\nIn this Part:\napplicant means the party making an interlocutory application.\nhearing means the hearing of an interlocutory application.\n6.02 When application may be made\nA party may apply for an interlocutory order at any time after the\ncommencement of a proceeding.\n6.03 Form and content\nAn interlocutory application:\n(a) is to be in accordance with Form 6A unless the Court orders\notherwise;\n(b) is to be signed by the applicant or the applicant's legal\n(c) may be supported by an affidavit.\n6.04 Filing and date for hearing\n(1) The applicant must file sufficient copies of the interlocutory\napplication to enable the applicant to serve a sealed copy on each\nother party and, if the application is supported by an affidavit, must\nfile one copy of the affidavit.\n(2) On receipt of the interlocutory application, a Registrar must:\n(a) sign and seal the application;\n\nWork Health Court Rules 1999 24\n(b) fix a date, time and place for the hearing; and\n(c) issue the application.\n6.05 Service\n(1) The applicant must serve a sealed copy of the interlocutory\napplication and, if applicable, a copy of the supporting affidavit on\neach party to whom the application is addressed.\n(2) Subject to these Rules, an interlocutory application and supporting\naffidavit must be served:\n(a) within a reasonable time before the date fixed for the hearing\nand, in any case, not later than 2.00 p.m. on the day before\nthe date fixed for the hearing; or\n(b) if the registry is closed on the day before the date fixed for the\nhearing – not later than 2.00 p.m. on the day the registry is\nlast open before that date.\n6.06 Evidence by affidavit\n(1) All evidence in respect of an interlocutory application is to be given\nby affidavit unless the Court orders otherwise.\n(2) An affidavit may contain a statement of fact based on information\nand belief if the grounds are set out.\n(3) A party cannot cross-examine the deponent of an affidavit unless\nthe Court orders otherwise.\n(4) If a party proposes to place the report of an expert medical witness\nbefore the Court, the medical expert is not required to make an\naffidavit annexing the report if:\n(a) the report is annexed to an affidavit made by a party or a\nrepresentative of a party; and\n(b) copies of all correspondence and documents placed before\nthe medical expert to request or enable the report to be\nprepared are annexed to the affidavit; and\n(c) the qualifications of the medical expert appear sufficiently on\nthe face of the report or are otherwise established in the\naffidavit to the satisfaction of the Court.\n\nWork Health Court Rules 1999 25\n6.07 Attendance by communication link\n(1) With the leave of the Court, a person may attend a hearing by\ncommunication link if physical attendance is impracticable.\n(2) A person wishing to attend a hearing by telephone must seek the\nleave of the Court not later than 24 hours before the time fixed for\nthe hearing.\n(3) A person wishing to attend a hearing by closed-circuit television\nmust seek the leave of the Court in sufficient time to allow for the\nreservation of the communication facilities to be used at the\nhearing.\n(4) Leave under this rule may be granted informally by telephone and\nwithout notice to any other person.\n(5) A person who is granted leave to attend a hearing by\ncommunication link must give notice to other persons that the Court\norders.\n(6) The Court may direct that the person granted leave under this rule\nmust reserve the communication facilities to be used at the hearing\nand pay the costs in connection with their use.\n6.08 Failure to attend hearing\nIf the applicant or a party to whom the interlocutory application is\naddressed fails to attend at the hearing the Court may, if satisfied\nthat the interlocutory application and supporting affidavit were\nproperly served:\n(a) hear the interlocutory application;\n(b) dismiss the interlocutory application; or\n(c) make any other orders it considers appropriate.\n6.09 Interlocutory orders by consent\n(1) A party may consent to an interlocutory order sought by another\nparty by:\n(a) filing a notice of consent in accordance with Form 6B; or\n(b) endorsing his or her consent on the interlocutory application\nthat is filed.\n(2) The Court may make the interlocutory order or refuse to do so.\n\nWork Health Court Rules 1999 26\n(3) An interlocutory order takes effect from:\n(a) the date specified in the order; or\n(b) if no date is specified – on the service of the order by the\napplicant on all the other parties.\n7.01 Date for directions conference\n(1) As soon as practicable after an appearance is filed under Division 3\nof Part 5, a Registrar must fix a date, time and place for a directions\nconference and give each party notice in accordance with Form 7A.\n(2) The date fixed under subrule (1) is to be 14 days after the\nappearance is filed or as soon as practicable after that time.\n7.02 Reports to be filed\n(1) In a proceeding commenced by a worker, each party must:\n(a) file, not later than 7 days before the date fixed for the\ndirections conference; or\n(b) deliver to the person presiding at the directions conference,\na copy of the hospital reports and medical reports not previously\nfiled.\n(2) Hospital and medical reports are to be filed or delivered in a sealed\nenvelope bearing the title of the proceeding and the name of the\nparty filing the reports.\n7.03 Attendance at directions conference\n(1) Each party must attend a directions conference:\n(c) in the case of a firm – by all the partners, or by one or more\npartners with the unfettered written authority of all the other\npartners to attend; or\n\nWork Health Court Rules 1999 27\n(4) A legal representative attending a directions conference must be\nparty in person (either physically or by communication link) in\nspecial circumstances.\n(7) An authorisation to attend a directions conference referred to in\nsubrules (1) and (2) is to include an authorisation to settle the\nproceeding if possible.\n7.04 Procedure at directions conference\n(1) At a directions conference:\n(a) the party making the application must be able to indicate the\nparticulars of the application and the relief sought; and\n(b) the party who filed the appearance must be able to indicate\nthe issues (if any) and the grounds on which liability is denied.\n(2) All parties at a directions conference must be able to indicate:\n(a) the issues of fact and law;\n(b) the nature of any necessary interlocutory matters, including\ndiscovery;\n(c) the nature of any steps that need to be taken before the\nhearing of the proceeding;\n\nWork Health Court Rules 1999 28\n(d) the prospects of settlement, and be able to respond to an offer\nof settlement; and\n(e) any other matter that might affect the readiness or scheduling\nfor the hearing of the proceeding.\n(3) The Court may make recommendations for resolving the issues in\ndispute.\n(4) If the proceeding is not settled, the Court:\n(a) must:\n(i) make the orders it considers appropriate, including\norders relating to the filing and service of pleadings; and\n(ii) complete a scheduling order in accordance with\nForm 7B; and\n(b) may:\n(i) adjourn the directions conference;\n(ii) fix a date, time and place for a conciliation conference to\nbe held as soon as practicable; or\n(iii) fix a date, time and place for a pre-hearing conference.\n7.05 Reports to be filed\n(1) In a proceeding commenced by a worker, each party must:\n(a) file, not later than 7 days before the date fixed for the\nconciliation conference; or\n(b) deliver to the person presiding at the conciliation conference,\na copy of the hospital reports and medical reports not previously\nfiled.\n(2) Hospital and medical reports are to be filed or delivered in a sealed\nenvelope bearing the title of the proceeding and the name of the\nparty filing the reports.\n7.06 Attendance at conciliation conference\n(1) Each party must attend a conciliation conference:\n\nWork Health Court Rules 1999 29\n(c) in the case of a firm – by all the partners or by one partner\nwith the unfettered written authority of all the other partners to\nattend; or\n(4) A legal representative attending a conciliation conference must be\nparty in person (either physically or by communication link) in\nspecial circumstances.\n(7) An authorisation to attend a conciliation conference referred to in\nsubrules (1) and (2) is to include an authorisation to settle the\nproceeding if possible.\n7.07 Procedure at conciliation conference\n(1) A conciliation officer:\n(a) must preside at a conciliation conference and promote\nagreement between the parties; and\n(b) may adjourn a conciliation conference.\n(2) The parties attending a conciliation conference must:\n(a) be fully conversant with the issues of fact and law, options for\nsettlement and advice from counsel (if obtained); and\n\nWork Health Court Rules 1999 30\n(b) be prepared to settle the proceeding.\n(3) If the proceeding is not settled and the conciliation officer is not an\nofficer of the Court, he or she must:\n(a) adjourn the conciliation conference; and\n(b) notify the Court as soon as practicable that the parties did not\nreach an agreement.\n(4) If the proceeding is not settled and the conciliation officer is an\nofficer of the Court, the conciliation officer must:\n(a) adjourn the conciliation conference;\n(b) list the proceeding for a further directions conference;\n(c) proceed immediately to a further directions conference; or\n(d) make the orders he or she considers appropriate.\n(5) If the Court receives notification under subrule (3)(b), the Court\nmust make the orders it considers appropriate.\n(6) If the parties reach agreement, whether in settlement of the\nproceeding or in relation to particular issues in the proceeding, the\nconciliation officer must record the agreement in a memorandum\nthat is to be signed by all the parties to the agreement and:\n(a) if the conciliation officer is not an officer of the Court – provide\nthe Court with the memorandum of agreement as soon as\npracticable so that the Court may make appropriate orders;\nand\n(b) if the conciliation officer is an officer of the Court – make the\nappropriate orders.\n7.08 Conciliation to be confidential\nEvidence of anything said or an admission made in a conciliation\nconference is not admissible at the hearing of the proceeding or at\nthe hearing of an interlocutory application in the proceeding.\n7.09 Case management statement\nNot later than 2 days before the date fixed for a prehearing\nconference, a party must file and serve on each other party a case\nmanagement statement in accordance with Form 7C.\n\nWork Health Court Rules 1999 31\n7.10 Attendance at prehearing conference\n(1) Each party must attend a prehearing conference:\n(c) in the case of a firm – by all the partners, or by one or more\npartners with the unfettered written authority of all the other\npartners to attend; or\n(4) A legal representative attending a prehearing conference must be\nparty in person (either physically or by communication link) if the\nCourt considers it to be appropriate.\n7.11 Procedure at prehearing conference\nAt a prehearing conference, the Court:\n(a) may settle a joint memorandum of issues;\n(b) must request details from each party of:\n(i) medical or expert reports to be relied on;\n(ii) the number of witnesses, both expert and non-expert;\n(iii) the estimated length of the hearing of the proceeding;\n\nWork Health Court Rules 1999 32\n(iv) arrangements for communication links; and\n(v) whether counsel has been briefed or advice on evidence\nhas been obtained; and\n(c) may:\n(i) make the orders it considers appropriate;\n(ii) adjourn the prehearing conference; or\n(iii) fix a date, time and place for the hearing of the\n7.12 Attendance by communication link\n(1) A person wishing to attend a directions conference, conciliation\nconference or prehearing conference by telephone must seek the\nleave of the Court not later than 24 hours before the time fixed for\nthe conference.\n(2) A person wishing to attend a directions conference, conciliation\nconference or prehearing conference by closed-circuit television\nmust seek the leave of the Court in sufficient time to allow for the\nreservation of the communication facilities to be used at the\nconference.\n(3) Leave under this rule may be granted informally by telephone and\nwithout notice to any other person.\n(4) A person who is granted leave to attend a conference by\ncommunication link must give the notice to other persons that the\nCourt orders.\n(5) The Court may direct that the person granted leave under this rule\nmust reserve the communication facilities to be used at the\nconference and pay the costs in connection with their use.\n7.13 Failure to attend conference, obey order, &c.\n(1) If a party fails to:\n(a) attend a directions conference, conciliation conference or\nprehearing conference as required by these Rules;\n(b) prepare adequately for a directions conference, conciliation\nconference or prehearing conference; or\n\nWork Health Court Rules 1999 33\n(c) comply with an order of the Court, including an order\ncontained in a scheduling order,\nthe Court may:\n(d) if the party in default is a worker or an applicant – dismiss the\nproceeding;\n(e) if the party in default is an employer or a respondent – strike\nout the appearance or notice of defence;\n(f) subject to Part 23, make the orders in relation to costs it\nconsiders appropriate, including an order that a legal\npractitioner must pay all or part of the costs payable;\n(g) list the proceeding before a magistrate; or\n(h) make any other order it considers appropriate.\n(2) If the Court makes an order under subrule (1)(e), the party who\ncommenced the proceeding may apply for default judgment under\nPart 21 and, if applicable, for compensation or other relief to be\nassessed.\n8.01 Form and content\n(1) A pleading is to:\n(a) be expressed in plain English and in non-technical language\nexcept to the extent required by the nature of the claim;\n(b) be divided into paragraphs numbered consecutively and each\nallegation, so far as practicable, is to be referred to in a\nseparate paragraph;\n(c) contain, in a summary form, a statement of all the material\nfacts on which the party relies but not the evidence by which\nthose facts are to be proved; and\n(d) if a claim or defence of a party arises by or under an Act –\nidentify the specific provision relied on.\n(2) In a pleading, a party may:\n(a) raise a point of law; and\n(b) plead a conclusion of law if the material facts supporting the\nconclusion are pleaded.\n\nWork Health Court Rules 1999 34\n8.02 Additional claims or matters\n(1) A party may include in a pleading a claim or counterclaim against\nany other party to the proceeding.\n(2) To enable the Court to determine all issues in dispute, a party may\nplead additional facts or matters to those raised in an application,\nan appearance or a decision made under section 69, 85 or 86 of\nthe Act.\n8.03 Matter to be pleaded\nIn a pleading subsequent to a statement of claim, a party must\nplead specifically a fact or matter that:\n(a) the party alleges makes a claim or defence of the opposite\nparty not maintainable;\n(b) if not pleaded specifically, might take the opposite party by\nsurprise; or\n(c) raises a question of fact that does not arise out of the\npreceding pleading.\n8.04 Subsequent pleading\nA party may plead a fact or matter that has arisen at any time,\nwhether before or after the commencement of the proceeding.\n8.05 Inconsistent pleading\nA party may make inconsistent allegations of fact if the pleading\nmakes it clear that the allegations are pleaded in the alternative.\n8.06 Particulars of pleading\n(1) A pleading is to contain the particulars of a fact or matter pleaded.\n(2) Without limiting subrule (1), a party must give particulars if they are\nnecessary to enable the opposite party to plead, define the\nquestions for hearing or avoid surprise at the hearing.\n8.07 Denial and pleading different facts\n(1) An allegation of fact in a pleading is to be taken as admitted unless,\nin the pleading of the opposite party, it is:\n(a) denied specifically or by necessary implication; or\n(b) stated to be not admitted.\n\nWork Health Court Rules 1999 35\n(2) A party who specifically denies an allegation of fact must state what\nfacts he or she relies on as the basis of the denial.\n(3) A party who intends to prove facts that are different from those\npleaded by the opposite party must:\n(a) specifically deny the facts pleaded or state that the facts\npleaded are not admitted; and\n(b) plead the facts he or she intends to prove.\n8.08 Amendments and orders as to form, filing and service\n(1) Amendments are to be made to the pleadings that are necessary\nfor determining the real questions at issue between the parties even\nthough the effect of those amendments is to add or substitute a\ncause of action that arose after the commencement of the\n(2) At any stage of a proceeding, the Court may:\n(a) allow a party to amend his or her pleadings in a manner and\non terms the Court considers appropriate;\n(b) order that the pleadings be in a particular form; or\n(c) make orders in respect of the filing and service of pleadings.\nPart 9 Statement of claim, notice of defence and\ncounterclaim\n9.01 Form and content\n(1) A statement of claim is to be in accordance with Form 9A and\ncontain:\n(a) a concise statement of the nature of the claim;\n(b) the particulars of the claim; and\n(c) the specific amount of compensation sought or the relief or\nremedy sought.\n(2) The pleadings in a statement of claim are to comply with Part 8 but\na failure to comply does not invalidate the statement of claim.\n\nWork Health Court Rules 1999 36\n(3) If a worker claims compensation for an injury or disease, the\nstatement of claim is to contain clear and concise details of the\nfollowing (as applicable):\n(a) the worker's date of birth and occupation;\n(b) the date when and the workplace where the injury occurred or\nthe disease was contracted;\n(c) the nature of the injury or disease;\n(d) the manner in which the injury occurred or the disease was\ncontracted;\n(e) the nature of the disability suffered as a result of the injury or\ndisease;\n(f) the worker's normal weekly earnings at the date the injury\noccurred or the disease was contracted;\n(g) the dates of the periods for which compensation payments are\nclaimed;\n(h) the amount claimed for permanent impairment and the nature\nof the permanent impairment;\n(j) the amount claimed for hospital, medical, surgical or\nrehabilitation treatment and the nature of treatment.\n(4) If a party's application was made under section 62(2) of the Act, the\nparty's statement of claim is to contain clear and concise details of\nthe following:\n(a) the deceased worker's full name, address, occupation and\ndate of birth;\n(b) the employer's full name and address;\n(c) the date when and the workplace where the injury occurred or\nthe disease was contracted;\n(d) the date of death;\n(e) the name and address (if known) of each dependant who was\nwholly or partially dependent on the deceased worker at the\ndate of death and the relationship of each dependant to the\ndeceased worker.\n\nWork Health Court Rules 1999 37\n9.02 Filing and service\n(1) When ordered by the Court to do so, a party must file a statement\nof claim and serve a sealed copy on each other party.\n(2) The party must file sufficient copies of the statement of claim to\nenable the party to serve sealed copies in accordance with\nsubrule (1).\nDivision 2 Notice of defence\n9.03 Filing and service\n(1) A party served with a sealed statement of claim must file and serve\na notice of defence in the time the Court orders.\n(2) A party who files a notice of defence that includes a counterclaim\nmust file sufficient copies to enable the party to serve a sealed copy\non each other party.\n9.04 Form and content\n(1) A notice of defence is to be in accordance with Form 9B and\ncontain:\n(a) a concise statement of the defence or defences relied on; and\n(b) particulars of each defence.\n(2) The pleadings in a notice of defence are to comply with Part 8 but a\nfailure to comply does not invalidate the notice of defence.\n9.05 Counterclaim\n(a) an employer served with a statement of claim has a claim\nagainst the worker; or\n(b) a respondent served with a statement of claim has a claim\nagainst the applicant,\nhe or she may counterclaim in the proceeding by completing the\npart of the notice of defence that relates to a counterclaim.\n(2) A counterclaim is to contain:\n(a) a concise statement of the nature of the claim;\n\nWork Health Court Rules 1999 38\n(b) particulars of the claim; and\n(c) a statement of the relief or remedy sought.\n(3) The pleadings in a counterclaim are to comply with Part 8 but a\nfailure to comply does not invalidate the counterclaim.\n(4) These Rules apply to and in relation to a counterclaim as if:\n(a) a reference in these Rules to a party who is the employer or\nrespondent were a reference to the worker or applicant; and\n(b) a reference in these Rules to a party who is the worker or\napplicant were a reference to the employer or respondent.\n10.01 Definition\nIn this Part, person under a disability means:\n(a) an infant; or\n(b) a person who is incapable because of age, injury, disease,\nsenility, illness or physical or mental infirmity of managing his\nor her affairs in relation to a proceeding.\n10.02 Litigation guardian\n(1) Except where provided otherwise by or under an Act, a person\nunder a disability may commence or defend a proceeding only by\nhis or her litigation guardian.\n(2) An application commencing a proceeding or an appearance filed by\na litigation guardian is to state that the proceeding is commenced or\ndefended by the litigation guardian on behalf of the person under a\ndisability.\n(3) Except where these Rules provide otherwise, anything that is\nrequired or permitted by these Rules to be done by a party who is a\nperson under a disability is required or permitted to be done by the\nparty's litigation guardian.\n(4) If a party has a litigation guardian in a proceeding, no other person\nmay act as the litigation guardian of that party unless the Court\norders otherwise.\n\nWork Health Court Rules 1999 39\n10.03 Person who may be litigation guardian\n(1) A person may be the litigation guardian of a person under a\ndisability if he or she:\n(a) is not a person under a disability; and\n(b) has no interest in the proceeding adverse to that of the person\nunder a disability.\n(2) If a person is authorised by a law in force in the Territory to conduct\na legal proceeding in the name of or on behalf of a person under a\ndisability, he or she is entitled to be the litigation guardian of a\nperson under a disability in a proceeding to which his or her\nauthority extends.\n10.04 Consent of litigation guardian\n(1) Except where a litigation guardian is appointed by the Court, the\nname of a person is not to be used in a proceeding as the litigation\nguardian of a person under a disability unless there is first filed the\nwritten consent of the person to be the litigation guardian.\n(2) A consent filed under subrule (1) is to be in accordance with\nForm 10A and contain:\n(a) a statement of the reason why the proposed party is a person\nunder a disability; and\n(b) a declaration that the proposed litigation guardian has no\ninterest in the proceeding adverse to that of the person under\na disability.\n10.05 Appointment, &c., of litigation guardian by Court\n(1) If a party to a proceeding becomes a person under a disability after\nthe proceeding is commenced, the Court must appoint a litigation\nguardian of that party.\n(2) Before appointing a litigation guardian under subrule (1), the Court\nmay review the conduct of the proceeding and make the orders it\nconsiders necessary to ensure that justice is done between the\nparties.\n(3) If a party who is a person under a disability does not file an\nappearance when required to do so by an order of the Court or\nthese Rules, the Court may order the appointment of a litigation\nguardian to defend the proceeding.\n\nWork Health Court Rules 1999 40\n(4) If the interests of a party who is a person under a disability require\nit, the Court may appoint or remove a litigation guardian or\nsubstitute another person as litigation guardian of the party.\n10.06 Pleading admissions by person under disability\nA person under a disability is not to be taken as admitting the truth\nof an allegation of fact made in the pleadings of another party\nunless the person under a disability states in his or her pleadings\nthat the allegation is admitted.\n10.07 Litigation guardian liable for costs\nA litigation guardian is liable for costs in a proceeding in the same\nmanner and to the same extent as if he or she were a party to the\n10.08 Money to be paid to public trustee\n(1) Unless the Court orders otherwise, all money or compensation\nreceived by or awarded to a person under a disability by:\n(a) a determination of the Court; or\n(b) an agreement under Part 15,\nis to be paid to the Public Trustee not later than 14 days after the\ndetermination is made or the agreement is recorded by the Court.\n(2) The Court may order the Public Trustee to pay money held on\nbehalf of a person under a disability to a person specified in the\norder.\n10.09 Legal practitioner's lien\nNothing in this Part affects the lien of a legal practitioner for costs.\n11.01 Application for orders\n(1) In this rule, person proposing to join another person as a party\nto a proceeding means:\n(a) an employer proposing to join another employer as a party\nunder section 55(3) of the Act;\n(b) an approved insurer proposing to join another approved\ninsurer as a party under section 126A(2)(b)(ii) of the Act; or\n\nWork Health Court Rules 1999 41\n(c) a party proposing to join another person as a party.\n(2) A person proposing to join another person as a party to a\nproceeding must apply to the Court for orders in respect of the\njoinder by filing, in sufficient numbers for service in accordance with\nsubrule (4):\n(a) an application in accordance with Form 11A; and\n(b) a supporting affidavit.\n(3) On receipt of the application and affidavit, a Registrar must:\n(a) fix a date, time and place for the hearing of the application;\nand\n(b) sign, seal and issue the application.\n(4) The applicant must serve a sealed copy of the application and\naffidavit personally on the person the applicant proposes to join as\na party and on each other party not later than 7 days before the\ndate fixed for the hearing of the application.\n11.02 Person served may file and serve affidavit\nA person served with an application may, before the date fixed for\nthe hearing, file and serve an affidavit on which the person intends\nto rely at the hearing.\n11.03 Orders in discretion of Court\nAt the hearing of the application, the Court may make the orders it\nconsiders appropriate in respect of the joinder and the conduct of\n12.01 Party to give discovery\nNot later than 14 days after a notice of defence is filed, each party\nmust give discovery of documents by:\n(a) making and filing a list of the documents:\n(i) that are or have been in the party's possession; and\n(ii) that relate to a matter in question between the parties;\nand\n(b) serving a copy of the list on each other party.\n\nWork Health Court Rules 1999 42\n12.02 List of documents\n(1) A list of documents is to be in accordance with Form 12A and is to:\n(a) identify the documents that are or have been in the\npossession of the party making the list;\n(b) enumerate the documents in convenient order and:\n(i) describe each document sufficiently to enable it to be\nidentified; or\n(ii) in the case of a group of documents of the same\nnature – describe the group sufficiently to enable it to be\nidentified;\n(c) distinguish those documents that are in the possession of the\nparty making the list from those that have been but are no\nlonger in the party's possession and, if a document has been\nbut is no longer in the party's possession, state when the\ndocument was last in the party's possession and his or her\nbelief as to what has become of it; and\n(d) if the party making the list claims that a document in the\nparty's possession is privileged from production – state\nsufficiently the grounds of the privilege.\n(2) It is not necessary to identify, enumerate or describe:\n(a) correspondence between the parties or the legal practitioners\nfor the parties after the commencement of the proceeding; or\n(b) the pleadings.\n12.03 Affidavit verifying list of documents\n(1) A party to whom discovery of documents is to be given may file,\nand serve on a party who must give discovery, a notice in\naccordance with Form 12B requiring that party to make an affidavit\nverifying his or her list of documents.\n(2) A party on whom a notice is served under subrule (2) must, not\nlater than 14 days after service of the notice:\n(a) make and file an affidavit in compliance with the notice; and\n(b) serve a copy of the affidavit on the party who served the\nnotice.\n\nWork Health Court Rules 1999 43\n12.04 Continuing discovery\n(1) Subject to an order of the Court, a party must continue to give\ndiscovery of documents in accordance with this Part until the\n(2) Discovery is to be given:\n(a) not later than 14 days after a document comes into a party's\npossession; or\n(b) if a document comes into a party's possession less than\n28 days before a conciliation conference or prehearing\nconference – as soon as practicable after the document\ncomes into the party's possession.\n12.05 Request for inspection\nA party may, either orally or in accordance with Form 12C, request\nanother party to produce for inspection a document in the other\nparty's possession referred to:\n(a) in the other party's list of documents; or\n(b) in any other document filed, served or provided by the other\n12.06 Production\n(1) Unless the parties agree otherwise or the Court orders otherwise, a\nparty requested to produce a document must, not later than\n14 days after the request, produce the document for inspection at a\nplace within 15 kilometres of:\n(a) the registry in which the proceeding was commenced; or\n(b) the Court in which the proceeding is to be heard and\ndetermined.\n(2) A party requested to produce a document is not required to do so if:\n(a) the party:\n(i) claims that the document is privileged from production;\nand\n(ii) makes and serves on the other party an affidavit in\nwhich the party makes that claim and states sufficiently\nthe grounds of the privilege; or\n\nWork Health Court Rules 1999 44\n(b) the document is not in the party's possession and he or she\nmakes and serves on the other party an affidavit in which he\nor she states that fact and states to the best of his or her\nknowledge, information and belief:\n(i) where the document is and in whose possession it is;\nand\n(ii) if the document has been but is no longer in the party's\npossession – when the document was last in the party's\npossession, and his or her belief as to what has become\nof it.\n12.07 Copies of documents\n(1) A party to whom documents are produced for inspection may take\ncopies of the documents.\n(2) For the purpose of subrule (1), taking a copy of a document\nincludes photocopying the document.\n(3) If the party to whom a document is produced states that he or she\nwishes to have it photocopied, the party producing the document\nmust, at his or her option:\n(a) allow the other party to photocopy the document at a place\nagreed by the parties; or\n(b) supply the other party with a photocopy of the document.\n(4) Unless the Court orders otherwise, the cost of photocopying a\ndocument supplied to a party in accordance with subrule (3):\n(a) is to be borne by that party in the first instance and is\nultimately to be a cost in the proceeding; and\n(b) is to be 100% of photocopying costs allowable under the\nSupreme Court Rules 1987 or 50 cents per page, whichever is\nthe lesser.\n12.08 Audio and visual devices, &c.\n(1) If a party is entitled to inspect a document that consists of a device\nsuch as a video tape, audio tape, disc, film or other means of\nrecording, the Court may make orders relating to the screening or\nplaying of the device and for the making by or supply to the party of:\n(a) a transcript of the recording in so far as it can be transcribed;\nor\n\nWork Health Court Rules 1999 45\n(b) a copy of the recording.\n(2) If a party is entitled to inspect a document that consists of\ninformation that has been processed by or is stored in a computer,\nthe Court may make orders relating to making the information\navailable.\n12.09 Failure to give discovery or allow inspection\n(1) If a party fails to give discovery or to allow inspection of documents\nin accordance with this Part, the Court may:\n(a) order the party to give discovery or allow inspection;\n(b) if the party is a worker or applicant – dismiss the proceeding;\nor\n(c) if the party is an employer or respondent – make an order:\n(i) striking out the appearance or notice of defence; or\n(ii) permitting the worker or applicant to proceed as if an\nappearance or notice of defence had not been filed.\n(2) If the Court makes an order under subrule (1)(c), the worker or\napplicant may apply for default judgment under Part 21 and, if\n(3) If a party applies for an order under subrule (1), and the other party\nclaims that the document is privileged from production or objects to\nproduction on another ground, the Court may inspect the document\nto decide the validity of the claim or objection.\n(4) An application for an order under this rule is to be filed and served\nnot later than 28 days before the date fixed for the hearing of the\n13.01 When interrogatories allowed\n(1) After the directions conference referred to in rule 7.01, a party may\nserve on another party interrogatories relating to a matter in\nquestion between them:\n(a) with the consent in writing of the party to be interrogated; or\n(b) with the leave of the Court.\n\nWork Health Court Rules 1999 46\n(2) An application for leave to serve interrogatories is to be made at the\ndirections conference unless the Court orders otherwise.\n(3) An interrogating party may serve further interrogatories with the\nleave of the Court.\n(4) A party who serves interrogatories must file a copy of them without\ndelay.\n13.02 Statement if multiple parties interrogated\nIf interrogatories are to be answered by 2 or more parties, the\ninterrogating party must state in the document containing the\ninterrogatories which of the interrogatories each party is required to\nanswer.\n13.03 Form, service and filing of answers\nA party on whom interrogatories are served must, not later than\n28 days after service:\n(a) answer the interrogatories in an affidavit that consolidates\neach question with the relevant answer;\n(b) serve the affidavit on the party who served the interrogatories;\nand\n(c) file a copy of the affidavit.\n13.04 Answers to interrogatories\n(1) Subject to rule 13.05, a party who is interrogated must answer each\ninterrogatory in accordance with this rule.\n(2) A party must make all reasonable enquiries to enable him or her to\nprovide a proper answer to each interrogatory.\n(3) A party must answer:\n(a) specifically, by answering the substance of the interrogatory\nwithout evasion; and\n(b) from his or her own knowledge of the fact or matter that is\nenquired after or, if the party has no such knowledge, subject\nto subrule (7), from a belief as to the fact or matter,\nirrespective of the source of the information from which the\nbelief is formed.\n\nWork Health Court Rules 1999 47\n(4) If a party has no personal knowledge of the fact or matter enquired\nafter, for the purpose of enabling himself or herself to form such a\nbelief, the party must make all reasonable enquiries to determine:\n(a) whether a person has knowledge of the fact or matter that was\nacquired by the person in the capacity of the party's employee\nor agent; and\n(b) if so – what that knowledge is.\n(5) A party must make the enquiries referred to in subrule (4) despite\nthe fact that at the time the party is required to answer the\ninterrogatory a person having the relevant knowledge has ceased\nto be an employee or agent.\n(6) A party who has no knowledge of the fact or matter enquired after is\ntaken not to have a belief as to the fact or matter if:\n(a) he or she has no information relating to the fact or matter on\nwhich to form a belief; or\n(b) if the party has such information – he or she has no belief that\nthe information is true.\n(7) A party is not required to answer from his or her belief if the belief is\nformed on information that the party could not, on the ground of\nprivilege, be compelled to disclose.\n(8) If the party interrogated is a corporation, this rule applies with the\nnecessary changes as if:\n(a) the person who answers the interrogatories on behalf of the\ncorporation were the party; and\n(b) the reference in subrule (4)(a) to an employee or agent of the\nparty were a reference to an employee or agent of the\ncorporation.\n13.05 Objections\n(1) A party may object to answering an interrogatory on any of the\nfollowing grounds:\n(a) the interrogatory does not relate to a question in issue\nbetween the parties;\n(b) the interrogatory is unclear, vague or too wide;\n(c) the interrogatory is oppressive;\n\nWork Health Court Rules 1999 48\n(d) the interrogatory requires the party to express an opinion that\nthe party is not qualified to give;\n(e) privilege, stating sufficiently the grounds of privilege;\n(f) any other ground on which objection may be taken.\n(2) Without limiting subrule (1)(a), an interrogatory that does not relate\nto a question in issue between the parties includes an interrogatory\nthe sole purpose of which is to:\n(a) impeach the credit of the party being interrogated;\n(b) enable the interrogating party to ascertain whether he or she\nhas a claim or defence other than the claim or defence raised\nin the proceeding; or\n(c) enable the interrogating party to ascertain the evidence by\nwhich the party being interrogated intends to prove his or her\ncase, including the identity of witnesses.\n(3) A party is not entitled to object to answering an interrogatory on the\nground that he or she cannot answer without going to a place that is\nnot the party's usual place of residence or business if the\ninterrogating party undertakes to pay the party's reasonable cost of\ngoing there, unless the Court orders otherwise.\n(4) If a party objects to answering an interrogatory, the party must state\nthe grounds for making the objection and the facts, if applicable, on\nwhich the objection is based.\n13.06 Who to answer\n(1) Interrogatories are to be answered:\n(a) if the person on whom the interrogatories are served is:\n(i) a natural person – by the person;\n(ii) a firm – by a partner of the firm authorised by all the\nother partners to answer; or\n(iii) a corporation – by an officer of the corporation or a\nperson authorised by the corporation to answer; or\n(b) by the person the Court orders to do so.\n(2) The answers of a person ordered under subrule (1)(b) to answer\ninterrogatories are as effective and binding as if made by the party\non whom the interrogatories were served.\n\nWork Health Court Rules 1999 49\n13.07 Failure to answer\n(1) If a party claiming relief fails to answer interrogatories, the Court\nmay:\n(a) order the party to answer the interrogatories;\n(b) if the party is a worker or applicant – dismiss the proceeding;\nor\n(c) if the party is an employer or respondent – make an order:\n(i) striking out the appearance or notice of defence; or\n(ii) permitting the worker or applicant to proceed as if an\nappearance or notice of defence had not been filed.\n(2) If the Court makes an order under subrule (1)(c), the worker or\napplicant may apply for default judgment under Part 21 and, if\n(3) An application for an order under this rule is to be filed and served\nnot later than 28 days before the date fixed for hearing of the\n13.08 Answers as evidence\n(1) At the hearing of a proceeding or the hearing of an interlocutory\napplication, a party may tender as evidence:\n(a) one or more answers to interrogatories without tendering the\nother answers; or\n(b) part of an answer to an interrogatory without tendering the\nwhole of the answer.\n(2) On the tender of an answer to an interrogatory under subrule (1),\nthe Court may look at the whole of the answers and, if another\nanswer or a part of an answer is so connected with the matter\ntendered that the matter tendered ought not to be used without the\nother answer or part, the Court may reject the tender unless the\nother answer or part is also tendered.\n14.01 Definition\nIn this Part, authenticity of a document means that a document:\n(a) is what it purports to be;\n\nWork Health Court Rules 1999 50\n(b) if it is an original or is described as such – is an original\ndocument and was printed, written, signed or executed as it\npurports to have been; or\n(c) if it is a copy or is described as such – is a true copy.\n14.02 Restrictive effect of admission\nAn admission in a proceeding made by a party under this Part is for\nthe purpose of that proceeding only and is not to be used against\nthe party as an admission in another proceeding.\n14.03 Voluntary admission of facts\n(1) A party may admit facts in favour of another party by filing and\nserving on the other party a notice of admission of the facts\nspecified in the notice.\n(2) A notice referred to in subrule (1) is to be in accordance with\nForm 14A.\n(3) With the leave of the Court, a party may withdraw an admission\nmade under this rule.\n14.04 Notice to dispute facts\n(1) A party may file and serve on another party a notice stating that\nunless the other party, within the time specified in the notice (being\nnot less than 14 days after service), disputes the facts specified in\nthe notice that party will be taken to admit the facts.\n(2) A notice to dispute facts referred to in subrule (1) is to be in\naccordance with Form 14B.\n(3) A party served with a notice under subrule (1) may dispute facts\nspecified in the notice by filing and serving, within the time specified\nin the notice, a notice in accordance with Form 14C.\n(4) If a party served with a notice under subrule (1) does not dispute a\nfact within the time specified, the party is taken to admit that fact.\n(5) With the leave of the Court, a party may withdraw an admission that\nthe party is taken to have made under subrule (4).\n\nWork Health Court Rules 1999 51\n14.05 Notice to dispute authenticity of documents\n(1) A party may file and serve on another party a notice stating that\nunless the other party, within the time expressed in the notice\n(being not less than 14 days after service), disputes the authenticity\nof the documents specified in the notice that party will be taken to\nadmit their authenticity.\n(2) A notice to dispute the authenticity of documents referred to in\nsubrule (1) is to be in accordance with Form 14D.\n(3) A party served with a notice under subrule (1) may dispute the\nauthenticity of documents specified in the notice by filing and\nserving, within the time specified in the notice, a notice in\naccordance with Form 14E.\n(4) If a party served with a notice under subrule (1) does not dispute\nthe authenticity of a document within the time specified, the party is\ntaken to admit its authenticity.\n(5) With the leave of the Court, a party may withdraw an admission that\nthe party is taken to have made under subrule (4).\n14.06 Costs of proof\nUnless the Court orders otherwise, if a party:\n(a) serves a notice under rule 14.04(3) disputing a fact, and later\nthe fact is proved in the proceeding; or\n(b) serves a notice under rule 14.05(3) disputing the authenticity\nof a document, and later its authenticity is proved in the\nproceeding,\nthe other party is entitled to an order that the party who served the\nnotice must pay the costs of proof.\n14.07 Judgment on admission\n(1) If a party makes an admission of fact in a proceeding, whether by\nthe party's pleading or otherwise, the Court may, on the application\nof another party, give the judgment or make the order to which the\napplicant is entitled on the admission.\n(2) The Court may exercise the power under subrule (1) whether or not\nthere are other questions to be determined in the proceeding.\n\nWork Health Court Rules 1999 52\n15.01 Form of agreement\n(1) A memorandum of agreement referred to in section 108(1) of the\nAct is to be in accordance with Form 15A and is to be signed by all\nthe parties to the agreement.\n(2) For the purpose of section 108(1) of the Act, a party who sends a\nmemorandum of agreement to the Registrar must do so by filing it.\n(3) A memorandum of agreement is to be filed accompanied by the\nfollowing documents:\n(a) all medical reports obtained by the parties in respect of the\ninjury or disease to which the agreement relates and on which\nthe parties relied in reaching agreement;\n(b) a statement of particulars showing, by the use of sub-totals,\nhow the amount of each payment under the agreement is\nmade up or calculated;\n(c) all other documents on which the parties relied in reaching\nagreement, including documents that provide evidence of\namounts to be paid under the agreement.\n15.02 Notice of receipt of agreement\nA notice of receipt of a memorandum of agreement given under\nsection 108(2)(b) of the Act to a person having an interest in the\nagreement is to be in accordance with Form 15B.\n15.03 Notice of objection\n(1) A person having an interest in an agreement who objects to the\nrecording of the agreement may file a notice of objection not later\nthan 21 days after the date of the notice given under rule 15.02.\n(2) A notice of objection is to be in accordance with Form 15C and is to\nstate the objection and the grounds for it.\n(3) A copy of the notice of objection is to be served on each party to\nthe agreement.\n\nWork Health Court Rules 1999 53\n15.04 Registrar to make inquiries\n(1) On receipt of:\n(a) a memorandum of agreement; or\n(b) a notice of objection,\nthe Registrar must make the inquiries and seek the information\n(including copies of documents) that the Registrar considers\nnecessary for the Court to be satisfied that an agreed amount, or\nthe information on which the agreement is based, is adequate.\n(2) The parties to an agreement must answer all questions relating to\nthe agreement asked by the Registrar and provide all information\nrequested under subrule (1).\n(3) The Registrar must make a report on the agreement to the Court:\n(a) if applicable – detailing the information the Registrar has\nobtained; and\n(b) if the Registrar is of the opinion that an amount is\ninadequate – stating the reasons for that opinion.\n15.05 Court to consider report, &c.\n(1) The Court, in considering an agreement under section 108(3) of the\nAct, must also consider:\n(a) the attachments to the agreement;\n(b) any notices of objection; and\n(c) the Registrar's report on the agreement.\n(2) Before the Court gives a direction under section 108(3) of the Act, it\nmay:\n(a) direct a Registrar to request the parties to the agreement, their\nlegal practitioners or other persons entitled under section 98 of\nthe Act to appear for them, to appear before the Court to\nprovide further information (including copies of documents)\nand make further submissions as the Court thinks fit;\n(b) require the hearing of oral evidence; or\n(c) summon a person to appear to give evidence.\n\nWork Health Court Rules 1999 54\n15.06 Notice on recording agreement\n(1) When the Court gives a direction under section 108(3) of the Act,\nthe Registrar must give notice of the direction to:\n(a) the parties to the agreement; and\n(b) the persons who filed notices of objection.\n(2) A notice given under this rule:\n(a) is to be in accordance with Form 15D; and\n(b) if it is in respect of a direction not to record an agreement – is\nto include the reasons for the direction.\n15.07 Application for commutation\n(1) An application for the purposes of section 74(1)(a) of the Act is to:\n(a) be in accordance with Form 15E; and\n(b) state the terms of the commutation; and\n(c) contain a statement, made as an affidavit or statutory\ndeclaration, by the person making the application stating the\nfacts to establish that, because of the small amount of regular\npayments of compensation under section 63 or 65 of the Act,\nthe administrative costs in calculating and paying the\ncompensation are disproportionate to the benefits received;\nand\n(d) contain a statement, made as an affidavit or statutory\ndeclaration, by the person to whom compensation is payable\nthat the person is fully aware of the effects of the proposed\ncommutation in relation to future benefits under the Act.\n(2) An application for the purposes of section 74(1)(b) of the Act is to:\n(a) be in accordance with Form 15F; and\n(b) state the terms of the commutation; and\n(c) contain a statement, made as an affidavit or statutory\ndeclaration, by the worker stating the facts to establish that:\n(i) his or her condition has stabilized; and\n\nWork Health Court Rules 1999 55\n(ii) rehabilitation is complete; and\n(iii) he or she is not totally incapacitated within the meaning\nof section 65(6) of the Act; and\n(iv) he or she has received financial counselling before\nmaking the application; and\n(v) he or she is fully aware of the effects of the proposed\ncommutation in relation to future benefits under the Act.\n(3) An application under this rule is to be accompanied by:\n(a) a statement of relevant particulars including the amount\nproposed to be commuted and, by the use of sub-totals, how\nthat amount is calculated; and\n(b) all documents relevant to the proposed commutation.\n15.08 Consent to commutation\nThe other party may consent to a commutation by endorsing his or\nher consent on the application that is filed.\n15.09 Service of application\nAn application for a commutation is to be served on the other party\nunless the party has consented to the commutation under\nrule 15.08.\n15.10 Consideration of application\n(1) The Court must make the inquiries and seek the information\n(including copies of documents) that the Court considers necessary\nfor the Court to determine whether or not to authorise a\ncommutation.\n(2) The persons affected by a commutation must answer all questions\nasked by the Court and provide all information requested by the\nCourt in respect of the commutation.\n15.11 Hearing of application\nWhether or not an application for a commutation is endorsed under\nrule 15.08, the Court may fix a date, time and place for a hearing in\nrespect of the application and notify the parties of the hearing.\n\nWork Health Court Rules 1999 56\n16.01 Manner of giving evidence\nEvidence is to be given orally except:\n(a) in an interlocutory application, where it is to be given by\naffidavit unless the Court orders otherwise;\n(b) if an Act or these Rules provide otherwise;\n(c) if the parties agree that all or part of the evidence may be\ngiven by affidavit; or\n(d) if the Court orders otherwise.\n16.02 Orders relating to manner of giving evidence\nDespite anything to the contrary in these Rules, the Court may\norder that evidence of particular facts is to be given in the manner it\norders, including by:\n(a) a statement on oath of information and belief;\n(b) the production of documents or entries in books;\n(c) the production of copies of documents or entries in books,\nincluding photocopies and facsimile transmission copies; or\n(d) communication link.\n16.03 Evidence by communication link\n(1) A party seeking to adduce evidence by communication link must\napply for an order in accordance with this rule.\n(2) A party who applies for an order under this rule must advise the\nCourt of the name of the witness to be examined and, if applicable,\nthe arrangements the party has made for communication link.\n(3) If a party seeks an order that he or she may adduce evidence at the\nhearing of the proceeding by the use of closed-circuit television, the\nparty must:\n(a) if possible – apply for the order at a directions conference or\nprehearing conference; or\n(b) if it is not possible to comply with paragraph (a) – apply for the\norder by:\n(i) filing an application in accordance with Form 16A; and\n\nWork Health Court Rules 1999 57\n(ii) on the day of filing – serving a copy of the application on\neach other party.\n(4) Not later than 14 days after being served with an application under\nsubrule (3)(b)(ii), a party may file and serve a notice of objection in\naccordance with Form 16B, setting out the reasons for the\nobjection.\n(5) An objection to an order sought under this rule may be heard at a\ndirections conference, prehearing conference or in open court and\nthe Court must notify the parties of the date, time and place fixed\nfor the hearing of the objection.\n(6) If no notice of objection is filed, the Court may make the order\nsought.\n(7) Under this rule the Court may make the orders it considers\nappropriate, including orders in respect of the following matters:\n(a) the witnesses who may give evidence by communication link;\n(b) the date, time and place of the communication link;\n(c) whether the evidence-in-chief of a medical or non-medical\nexpert to be adduced by communication link is to be confined\nto that expert's statement.\n(8) A party who is entitled to adduce evidence by communication link\nmust reserve the facilities to be used and pay all the costs in\nconnection with their use.\n(9) A party who is entitled to adduce evidence by the use of closed-\ncircuit television must, if possible, use the Court's communication\nfacilities and reserve those facilities:\n(a) by making the necessary arrangements with the appropriate\nofficer of the Court; and\n(b) as soon as practicable after arrangements are made under\nparagraph (a) – by filing and serving a notice of reservation\nand undertaking in accordance with Form 16C and serving.\n16.04 Notice for attendance of deponent\n(1) A party served with an affidavit may serve on the party who intends\nto rely on the affidavit a notice stating that he or she requires the\ndeponent to attend for cross-examination:\n(a) at the hearing of the proceeding; or\n\nWork Health Court Rules 1999 58\n(b) subject to rule 16.01(a) – at the hearing of an interlocutory\napplication.\n(2) A party must serve a notice referred to in subrule (1):\n(a) in the case of attendance of the deponent at the hearing of the\nproceeding:\n(i) not less than 14 days before the commencement of the\nhearing; or\n(ii) as ordered by the Court; or\n(b) in the case of attendance of the deponent at the hearing of an\ninterlocutory application:\n(i) within a reasonable time before the hearing; or\n(ii) as ordered by the Court.\n(3) Unless the Court orders otherwise, the party served with a notice\nunder this rule must cause the deponent referred to in the notice to\nattend at the hearing for cross-examination.\n(4) If a deponent referred to in a notice served under this rule does not\nattend for cross-examination, the Court may order that all or part of\nhis or her affidavit is not to be received in evidence.\n17.01 Form of affidavit\n(1) An affidavit is to be made in the first person and is to be in\naccordance with Form 17A.\n(2) The first page of an affidavit is to be headed immediately below the\ntitle of the proceeding with the name of the deponent and the date\non which the affidavit is made.\n(3) Unless the Court orders otherwise, an affidavit is to state:\n(a) subject to subrule (4), the deponent's place of residence; and\n(b) the deponent's occupation or, if the deponent has none, the\ndeponent's description; and\n(c) if applicable – that the deponent is a party to the proceeding or\nemployed by a party.\n\nWork Health Court Rules 1999 59\n(4) If a deponent makes an affidavit in a professional or other\noccupational capacity, the affidavit may, instead of stating the\ndeponent's place of residence, state:\n(a) the address of the deponent's place of business; and\n(b) the position of the deponent; and\n(c) if applicable – the name of the deponent's firm or employer.\n(5) An affidavit is to be divided into paragraphs numbered\nconsecutively, each paragraph being as far as possible confined to\na distinct portion of the subject.\n(6) An affidavit must contain a statement of the name and address of\nthe party on whose behalf it is filed.\nNote for rule 17.01\nAn affidavit must also comply with the requirements of the Part 3 of the Oaths,\nAffidavits and Declarations Act 2010.\n17.02 Affidavit by multiple deponents\nIf an affidavit is made by 2 or more deponents, the names of the\npersons making the affidavit are to be inserted in the jurat unless\nthe affidavit is made by both or all of the deponents at one time and\nis witnessed by the same person, in which case it is sufficient to\nstate that it was made by \"each of the above-named deponents\".\n17.03 Affidavit by person unable to read\nis unable to read, the person must certify in or below the jurat that:\n(a) the affidavit was read to the deponent in the person's\npresence; and\n(b) it appeared to the person that the deponent understood the\n(c) the deponent signed his or her name or made a mark in the\nperson's presence.\naffidavit of a deponent who is unable to read, the affidavit is not to\nbe used in evidence unless the Court is satisfied that it was read to\nthe deponent and that the deponent appeared to understand it.\n\nWork Health Court Rules 1999 60\n17.04 Affidavit by person unable to write\nis physically unable to sign his or her name or make a mark, the\nperson must certify in or below the jurat that:\n(a) the affidavit was read to the deponent in the person's\npresence; and\n(b) it appeared to the person that the deponent understood the\n(c) the affidavit was made by the deponent without the deponent\nsigning his or her name or making a mark because the\ndeponent was physically unable to do so.\naffidavit by a deponent who is physically unable to sign his or her\nname or make a mark, the affidavit is not to be used in evidence\nunless the Court is satisfied that it was read to the deponent and\nthat the deponent appeared to understand it.\n17.05 Affidavit by person unable to understand English\nis unable to understand the English language, the person must\ncertify in or below the jurat that:\n(a) the affidavit was made with the assistance of an interpreter\n(naming the interpreter) who first took an oath that he or she:\n(i) understands the English language and the language of\nthe deponent (naming the language); and\n(ii) would truly and faithfully interpret to the deponent the\ncontents of the affidavit and the oath to be administered\nto the deponent; and\n(b) the affidavit was read to the deponent in the person's\npresence with the assistance of the interpreter; and\n(c) it appeared to the person that the deponent understood the\n(d) the deponent signed his or her name or made a mark in the\nperson's presence.\n\nWork Health Court Rules 1999 61\naffidavit by a deponent who is unable to understand the English\nlanguage, the affidavit is not to be used in evidence unless the\nCourt is satisfied that it was:\n(a) made in accordance with subrule (1)(a); and\n(b) read to the deponent with the assistance of an interpreter and\nthe deponent appeared to understand it.\n17.06 Content of affidavit\n(1) Unless these Rules provide otherwise, an affidavit is to be confined\nto facts that the deponent is able to state of his or her own\nknowledge.\n(2) In an interlocutory application, an affidavit may contain a statement\nof fact based on information and belief if the grounds are set out in\nthe affidavit.\n17.07 Annexures and exhibits\n(1) A document referred to in an affidavit:\n(a) is to be annexed to the affidavit; or\n(b) if the document is too large to be annexed – may be referred\nto as an exhibit.\n(2) An exhibit to an affidavit is to be identified by a separate certificate\nthat:\n(a) is annexed to the exhibit; and\n(b) bears the same title as the affidavit; and\n(c) is signed by the person witnessing an affidavit.\n17.08 Filing\n(1) An affidavit is to be filed.\n(2) Unless the Court orders otherwise, an affidavit that has not been:\n(a) filed; or\n(b) served and filed in compliance with these Rules or an order of\nthe Court,\nis not to be used by the party by whom or on whose behalf it was\nmade.\n\nWork Health Court Rules 1999 62\n17.09 Alterations\nAn affidavit that has an interlineation, erasure or other alteration in\nthe body or jurat may, unless the Court orders otherwise, be filed\nbut is not to be used without the leave of the Court unless the\ndeponent and the person who witnessed the affidavit have initialled\nthe alteration.\n17.10 Irregularity\nAn affidavit that is irregular in form may:\n(a) unless the Court orders otherwise, be filed; and\n(b) with the leave of the Court, be used in evidence.\n17.11 Affidavit witnessed by party etc.\n(1) Unless the Court orders otherwise, an affidavit witnessed by:\n(a) the legal practitioner acting for the party on whose behalf it is\nto be used; or\n(b) an employee of the legal practitioner,\nmay be used in evidence.\n(2) Subject to subrule (3), an affidavit witnessed by:\n(a) the party on whose behalf it is to be used; or\n(b) an employee of that party,\nis not to be used in evidence without the leave of the Court.\n(3) If the Territory is the party on whose behalf the affidavit is to be\nused, the affidavit may be witnessed by an employee of the\nTerritory.\n17.12 Affidavit made before commencement of proceeding\nUnless the Court orders otherwise, an affidavit may be used in a\nproceeding despite having been made before the commencement\nof the proceeding.\n\nWork Health Court Rules 1999 63\n18.01 Interpretation\n(1) In this Division:\nexamination means an examination for medical, dental,\npsychological, psychiatric, therapeutic, rehabilitative, ergonomic,\nvocational or other purposes.\nmedical expert means a person lawfully practising in a branch of\nmedicine, audiology, pathology, radiography, radiology, dentistry,\npharmacology, occupational therapy, physiotherapy, rehabilitation,\nergonomics or related field.\n(2) In this Division:\n(a) a reference to a medical report is to be read as a reference to\na hospital report; and\n(b) a reference to a medical expert is to be read as a reference to\na person who made a hospital report.\n18.02 Service of medical reports\n(1) A party must serve on each other party a copy of a medical report\nas soon as practicable after it comes into his or her possession\n(except by service) and not later than 28 days before the\n(2) A party who receives an oral report from a medical expert must give\neach other party written notice of its substance as soon as\npracticable after receiving the report and not later than 28 days\nbefore the commencement of the hearing of the proceeding.\n18.03 Notice of reliance on other party's medical report\nA party who:\n(a) is served with a medical report under rule 18.02; and\n(b) intends to rely on the whole or a part of the medical report at\nthe hearing of the proceeding,\nmust, as soon as practicable and not later than 28 days before the\ncommencement of the hearing, serve a notice of the intention on\neach other party.\n\nWork Health Court Rules 1999 64\n18.04 Notice for attendance of medical expert\n(1) A party served with:\n(a) a medical report under rule 18.02; or\n(b) a notice under rule 18.03,\nmay serve a notice on the party intending to rely on the medical\nreport that he or she requires the attendance of the medical expert\nfor cross-examination at the hearing of the proceeding.\n(2) A notice requiring the attendance of a medical expert for cross-\nexamination is to be served not later than 14 days before the\n(3) A party is not entitled to serve a notice under this rule requiring the\nattendance of a medical expert for cross-examination at an\ninterlocutory hearing, directions conference, conciliation conference\nor prehearing conference.\n(4) Unless the Court orders otherwise, a party served with a notice\nunder this rule must cause the medical expert referred to in the\nnotice to attend for cross-examination at the hearing of the\n(5) If a medical expert referred to in a notice served under this rule\ndoes not attend for cross-examination, the Court may order that all\nor part of the medical report is not to be received in evidence.\n18.05 Effect of non-service of notice for attendance\nIf a party entitled to serve a notice under rule 18.04(1) does not do\nso, the party who served the medical report or notice of intention to\nrely on a medical report:\n(a) may seek to tender the medical report at the hearing of the\nproceeding without calling the medical expert as a witness;\nand\n(b) is not entitled to call the medical expert to give oral evidence\nwithout the leave of the Court.\n18.06 Evidence to be disclosed\n(1) Except with the leave of the Court or the consent of the other\nparties, a party must not, except in cross-examination, adduce\nevidence from a medical expert on medical matters concerning a\nworker unless the evidence is disclosed in a medical report served\nin accordance with these Rules.\n\nWork Health Court Rules 1999 65\n(2) If a copy of a medical report is served in accordance with these\nRules, the medical report is admissible:\n(a) as evidence of the medical expert's opinion; and\n(b) if the medical expert's oral evidence of a fact on which the\nopinion was based would be admissible – as evidence of that\nfact.\n(3) A party is not entitled to object to the receiving of a medical report\nin evidence at an interlocutory hearing, directions conference,\nconciliation conference or prehearing conference.\n18.07 Statement of expert evidence\n(1) A party who intends at a hearing to adduce evidence from a person\nin the person's capacity as an expert must serve on each other\nparty, not later than 28 days before the date fixed for the hearing, a\nstatement from the expert in accordance with subrule (2).\n(2) A statement from an expert is to:\n(a) give the expert's name and address;\n(b) describe his or her qualifications to give evidence as an\nexpert; and\n(c) state the evidence to be adduced from the expert.\n(3) Unless the Court gives leave or the parties consent, a party is not\nentitled, except in cross-examination, to adduce evidence from a\nwitness as an expert unless the party has served a statement under\nsubrule (1).\n18.08 Putting other party's expert statement in evidence\nA party may put in evidence a statement from an expert served on\nthat party under rule 18.07(1).\n18.09 Admissibility of expert statement\n(1) If a copy of a statement from an expert is served in accordance with\nthese Rules, the statement is admissible:\n(a) as evidence of the expert's opinion; and\n(b) if the expert's oral evidence of a fact on which the opinion was\nbased would be admissible – as evidence of that fact.\n\nWork Health Court Rules 1999 66\n18.10 Notice for attendance of expert\n(1) A party served with a statement from an expert may serve a notice\non the party who intends to rely on the statement that he or she\nrequires the attendance of the expert for cross-examination at the\nhearing of the proceeding.\n(2) A notice requiring the attendance of an expert for cross-\nexamination is to be served not later than 14 days before the\ncommencement of the hearing.\n(3) Unless the Court orders otherwise, the party served with a notice\nunder this rule must cause the expert referred to in the notice to\nattend at the hearing for cross-examination.\n(4) If an expert referred to in a notice served under this rule does not\nattend for cross-examination, the Court may order that his or her\nstatement is not to be received in evidence.\n(5) If:\n(a) an expert's statement is received in evidence;\n(b) the expert does not attend for cross-examination; and\n(c) no notice was served under this rule requiring the expert to\nattend for cross-examination,\na party may not, without the leave of the Court on just terms, lead\nevidence to contradict the evidence of the expert.\n19.01 Definitions\nIn this Part:\nsummons for production means an order in writing requiring a\nperson to attend at the Court as directed by the order for the\npurpose of producing a document or thing for evidence.\nsummons to give evidence means an order in writing requiring a\nperson to attend at the Court as directed by the order for the\npurpose of giving evidence.\n\nWork Health Court Rules 1999 67\n19.02 Order to attend\n(1) The Court may, by summons, order a person to attend the hearing\nof a proceeding or attend at any stage of a proceeding for the\npurpose of giving evidence or producing a document or thing for\nevidence, or for both purposes.\n(2) An order by summons for the attendance of a person to give\nevidence or produce a document or thing is to be taken as made\nwhen the summons is issued.\n19.03 Summons to give evidence\n(1) A summons to give evidence:\n(a) is to be in accordance with Form 19A;\n(b) may be addressed to one or more persons; and\n(c) is to be filed in sufficient numbers for service and proof of\nservice.\n(2) On the filing of a summons to give evidence, a Registrar must:\n19.04 Form and filing of summons for production\nA summons for production is to be:\n(a) if it is addressed to a person other than a corporation – in\naccordance with Form 19B;\n(b) if it is addressed to a corporation – in accordance with\nForm 19C;\n(c) addressed to one person only and, if it is addressed to a firm,\nmay include the name and address of each partner of the firm;\nand\n(d) filed in sufficient numbers for service and proof of service.\n19.05 Summons for production at hearing\nIf the Court has fixed a date for the hearing of a proceeding, and a\nparty to the proceeding files a summons for production to take\nplace on the date of the hearing, a Registrar must:\n\nWork Health Court Rules 1999 68\n19.06 Summons for production before hearing\n(1) Whether or not the Court has fixed a date for the hearing of a\nproceeding, a party must seek the leave of the Court to file and\nserve a summons for production to take place on a date before the\nhearing.\n(2) An application for leave under subrule (1) is to be made under\n","sortOrder":4},{"sectionNumber":"Part 6","sectionType":"part","heading":"or at a directions conference or prehearing conference under","content":"Part 6 or at a directions conference or prehearing conference under\nPart 7.\n(3) If the Court gives leave under this rule for a party to file and serve a\nsummons for production, the party must specify in the summons the\ndate for attendance at Court, being a date:\n(a) on which the Court will conduct interlocutory hearings; and\n(b) that allows the person ordered to attend a reasonable time in\nwhich to comply with the summons.\n(4) If a party files a summons for production under this rule, a Registrar\nmust:\n19.07 Service\nA sealed copy of a summons for production or summons to give\nevidence is to be served personally in accordance with these Rules.\n19.08 Expenses and losses incurred complying with summons\n(1) A person is not required to comply with a summons for production\nor a summons to give evidence unless the person has been\nprovided with a reasonable sum of money for his or her costs, as\nmentioned in section 194(1)(c) of the Evidence (National Uniform\nLegislation) Act 2011.\n(2) If a person:\n(a) is not a party to the proceeding; and\n(b) reasonably incurs expense or loss in complying with a\nsummons for production that is more than the costs mentioned\nin subrule (1);\n\nWork Health Court Rules 1999 69\nthe Court may order that the party who served the summons for\nproduction must pay to the person an amount in respect of the\nexpense or loss.\n(3) If a person who attends in answer to a summons to give evidence,\nbefore taking the oath as a witness, requests the Court to fix an\namount to be paid to him or her in respect of expense incurred in\nattending as a witness, the Court must do so.\n(4) A witness referred to in subrule (3) is not to be compelled to give\nevidence until the Court is satisfied that proper arrangements have\nbeen made for the payment of the amount fixed by the Court.\n19.09 Delivery of documents by hand or post\n(1) Unless the Court orders otherwise, a summons for production is to\npermit the person to whom the summons is addressed, instead of\nattending at the Court to produce the document or thing, to deliver it\nby hand or send it by post to a Registrar so that he or she receives\nit not later than 2 days before the day on which production is\nrequired by the summons.\n(2) When a document or thing is delivered or sent to a Registrar under\nsubrule (1), he or she must:\n(a) if requested to do so, give a receipt to the person who\ndelivered or posted the document or thing; and\n(b) produce the document or thing to the Court as the case\nrequires or the Court orders.\n(3) This rule does not apply to any part of a summons that requires a\nperson to attend for the purpose of giving evidence.\n19.10 Objections and setting aside summons\n(1) A person served with a summons for production or a summons to\ngive evidence may:\n(a) notify the Court on attendance that he or she objects to\nproducing a document or thing or giving evidence; or\n(b) before the date fixed for attendance – apply to the Court,\nunder Part 6, to have the summons set aside.\n(2) The Court may set aside a summons for production or a summons\nto give evidence or, in the case of a summons for production, may\nset aside a part of the summons.\n\nWork Health Court Rules 1999 70\n19.11 Orders for inspection\n(a) a summons for production is issued under rule 19.05;\n(b) the date specified for attendance and production is a date\nearlier than the date fixed for the hearing of the proceeding;\nand\n(c) the person served with the summons:\n(i) delivers, sends by post or produces a document or thing;\nor\n(ii) objects to producing a document or thing,\na Registrar must:\n(d) fix a date, time and place for an interlocutory hearing or a\ndirections conference at which the Court will:\n(i) make orders relating to the inspection of a document or\nthing produced or any other matter considered\nnecessary; or\n(ii) determine objections to production; and\n(e) notify all the parties:\n(i) that the document or thing is at the Court or the person\nserved with the summons objects to producing the\ndocument or thing;\n(ii) that the Court will make orders relating to the objections\nor the inspection of the document or thing; and\n(iii) of the date, time and place of the interlocutory hearing or\ndirections conference.\n(2) If a summons for production is issued under rule 19.06, at the\ninterlocutory hearing held on the date specified for attendance and\nproduction, the Court must:\n(a) hear and determine objections to production (if any); and\n(b) make orders relating to the inspection of documents or things\nproduced or any other matter considered necessary.\n\nPart 21 Default judgment, summary judgment and assessment of compensation\nWork Health Court Rules 1999 71\nPart 20 Hearing of proceeding\n20.01 Notice of hearing\nWhen the date, time and place have been fixed for the hearing of a\nproceeding, a Registrar must notify the parties in accordance with\nForm 20A.\n20.02 Determination of all questions, &c.\nAt the hearing of the proceeding, the Court:\n(a) must determine all the questions between the parties involved\nin the proceeding; and\n(b) may make orders relating to costs between the parties as it\nthinks fit.\n20.03 Determination in absence of party\n(1) If the party claiming relief appears at the hearing of the proceeding,\nbut the party against whom relief is claimed or his or her legal\npractitioner does not appear, the party claiming relief may present\nhis or her case.\n(2) If the party against whom relief is claimed appears at the hearing of\nthe proceeding, but the party claiming relief or his or her legal\npractitioner does not appear, the party against whom relief is\nclaimed may apply for an order dismissing the proceeding.\n(3) If neither party appears at the hearing of the proceeding, the Court\nmay order that the proceeding be struck out on the terms it thinks\nfit.\nPart 21 Default judgment, summary judgment and\nassessment of compensation\n21.01 Application for default judgment\n(1) A party may apply for default judgment:\n(a) on the ground that the other party has failed to comply with\nthese Rules or with an order of the Court; or\n(b) as provided by these Rules.\n(2) A party who applies for default judgment may, if applicable, also\napply for compensation or other relief to be assessed.\n\nPart 21 Default judgment, summary judgment and assessment of compensation\nWork Health Court Rules 1999 72\n21.02 Application for summary judgment\n(1) A party may apply for summary judgment on relevant grounds,\nincluding the following:\n(a) the other party, having filed a notice of defence, has no real\ndefence to the claim made in the proceeding;\n(b) the notice of defence filed in the proceeding discloses a good\ndefence on the merits;\n(c) the other party has no real cause of action;\n(d) the proceeding is frivolous, vexatious or an abuse of the\nprocess of Court.\n(2) A party who applies for summary judgment may, if applicable, also\napply for compensation or other relief to be assessed.\n21.03 Form of application, &c.\n(1) Subject to subrule (2), an application for default judgment or\nsummary judgment is to be made in accordance with Part 6.\n(2) An application for default judgment need not be served on the other\nparty if that party has not filed a notice of appearance.\n(3) A party who applies for an assessment of compensation or other\nrelief to be assessed must also file an affidavit setting out the\namount claimed and the particulars, by the use of sub-totals, of how\neach payment claimed is made up or calculated.\n(4) The affidavit must refer to and have annexed all other documents\non which the party relies, including those that provide evidence of\nthe amounts claimed and, if applicable, medical reports.\n21.04 Review of proceeding\n(1) As soon as practicable before the hearing of the application, a\nJudicial Registrar must review the proceeding and, if he or she\nconsiders it necessary, may require the party making the\napplication to provide further information.\n(2) A party required to provide further information must provide it:\n(a) to the Judicial Registrar; and\n(b) if ordered to do so – to the other party.\n\nWork Health Court Rules 1999 73\n21.05 Magistrate to make assessment\nAn assessment under this Part is to be made by a magistrate\nunless the Court orders otherwise.\n21.06 Application to set aside default judgment\n(1) A party may apply to have a default judgment set aside by filing an\napplication in accordance with Part 6 as soon as practicable after\nthe judgment is entered or given.\n(2) The Court may set aside a default judgment on the terms it thinks\nfit.\n22.01 Filing and serving draft\nAfter the Court has made the final order in a proceeding, the party\nordered to do so must:\n(a) prepare a draft of the final order in accordance with Form 22A;\nand\n(b) file the draft final order and, subject to rule 22.03, without\ndelay serve a copy on each other party.\n22.02 Party may request amendment of draft\n(1) Not later than 14 days after being served with a draft final order\nunder rule 22.01, a party may file and serve a notice, in accordance\nwith Form 22B, requesting an amendment of the terms of the order\nand specifying the amendment requested.\n(2) Not later than 7 days after being served with a notice under\nsubrule (1), the party who filed the draft final order may:\n(a) amend the terms of the order as requested and file and serve\nan amended draft final order; or\n(b) file and serve a notice, in accordance with Form 22C, refusing\nto amend the terms of the order.\n(3) If a notice is filed under subrule (2)(b), the Court must fix a date,\ntime and place for the hearing of submissions in respect of the\nterms of the final order and notify the parties of the hearing.\n\nWork Health Court Rules 1999 74\n22.03 Parties may endorse agreement on draft\nIf all the parties agree as to the terms of the final order, the party\nordered to prepare the draft final order may file the draft endorsed\nwith a statement of the agreement and the signature of each party.\n22.04 Settling draft, &c.\n(1) The Registrar must settle a draft final order as soon as practicable\nafter:\n(a) it is filed under rule 22.03;\n(b) the expiry of 14 days after it is filed under rule 22.01(b),\nprovided no party has filed a notice under rule 22.02(1)\nrequesting an amendment of the terms of the order;\n(c) an amended draft final order is filed under rule 22.02(2)(a); or\n(d) the Court makes a determination at a hearing referred to in\nrule 22.02(3).\n(2) The Registrar must give a settled draft final order to the party who\nfiled the draft and, as soon as practicable, the party must prepare a\nform of the order as settled and file sufficient copies to enable the\nRegistrar to send a sealed copy to each party.\n(3) Each copy of a final order is to be:\n(a) signed by a Registrar or by the person directed by the\nmanaging magistrate to sign; and\n(b) sealed.\n(4) The Registrar must send a copy of a sealed final order to each\n22.05 Court may correct error\nThe Court may at any time correct a clerical mistake or error in an\norder arising from an accidental slip or omission.\n\nWork Health Court Rules 1999 75\n23.01 Definitions\nIn this Part, unless the contrary intention appears:\nAppendix means the Appendix to Order 63 of the Supreme Court\nRules 1987 and includes practice directions relating to the\nAppendix issued by the Chief Justice.\nattendance at the hearing, for the purposes of rule 23.09(5)(b),\nincludes all work reasonably done in and in relation to attending the\nhearing of a proceeding and to hear a deferred judgment.\nbill means a bill of costs.\npreparation, for the purposes of rule 23.09(5)(a), includes the\ndoing of all reasonable work up to attendance at the hearing of a\nproceeding that was reasonably done, arising out of or incidental to\ntaxation, for the purposes of rule 23.09(5)(c), includes all work\ndone in preparing a bill (if allowable) and includes preparing for and\nattending the taxation of costs.\ntaxing officer means:\n(a) a Judicial Registrar;\n(b) a Registrar; or\n(c) an officer of the Court directed under rule 23.08(2) to conduct\na taxation.\n23.02 Application of Supreme Court Rules 1987\nSubject to the Act, these Rules and practice directions issued by\nthe Chief Magistrate, Order 63 of the Supreme Court Rules 1987\napplies with the necessary changes to this Part.\n\nWork Health Court Rules 1999 76\n23.03 Power and discretion of Court\n(1) Subject to the Act, these Rules and any other law in force in the\nTerritory, the costs of and incidental to a proceeding are in the\nCourt's discretion and the Court has the power to determine by\nwhom, to whom, to what extent and on what basis the costs are to\nbe paid.\n(2) The Court may exercise its power and discretion in relation to costs\nat any stage of a proceeding or after the conclusion of a\n(3) In exercising its discretion under this rule in relation to a proceeding\ncommenced under section 104 of the Act, the Court must have\nregard to the matters referred to in section 110 of the Act.\n23.04 Court to fix percentage of Supreme Court costs\n(1) Subject to these Rules, costs for work done are allowable at an\nappropriate percentage of the relevant costs set out in the Appendix\nup to and including 100%.\n(2) When making a costs order the Court must fix the appropriate\npercentage referred to in subrule (1).\n(3) In fixing the appropriate percentage, the Court is to have regard to:\n(a) the complexity of the proceeding in fact and law;\n(b) the amount awarded to the party;\n(c) the efficiency with which the parties conducted the\nproceeding;\n(d) the preparedness of the parties at a directions conference,\nconciliation conference, prehearing conference or hearing of\nan interlocutory application;\n(e) the efforts of the parties in attempting to come to an\nagreement; and\n(f) any other matter the Court considers appropriate.\n\nWork Health Court Rules 1999 77\n23.05 Failure to provide correct information to mediator\nIf, after a certificate referred to in rule 5.02(2)(f) is filed:\n(a) a worker or employer provides information to the Court that\ndiffers from the information listed on the certificate; and\n(b) the Court is satisfied that the worker or employer failed to\nprovide the mediator with relevant information that was in\nexistence at the time of the mediation to which the certificate\nrelates,\nthe Court may make a costs order against the party who failed to\nprovide the mediator with relevant information.\n23.06 Costs in respect of conciliation conference\n(1) Subject to rule 23.04 and unless the Court orders otherwise, costs\nfor the preparation for and attendance at a conciliation conference\nare allowable in the same amount as set out in the Appendix for a\ncontested interlocutory application.\n(2) If a conciliation officer is not an officer of the Court, the Court may\nmake an order to secure or enforce payment of the conciliation\nofficer's costs and expenses.\n23.07 Costs of interlocutory application\nIf the Court orders that a party be paid the costs of an interlocutory\napplication, the party is not entitled to have those costs taxed until\nafter the final disposition of the proceeding unless the Court orders\notherwise.\n23.08 Taxing officer\n(1) Unless the Court orders otherwise, costs taxed in accordance with\nthis Division are to be taxed by a taxing officer.\n(2) The Chief Magistrate or a Judicial Registrar may direct an officer of\nthe Court to conduct a taxation.\n(3) An officer directed under subrule (2) to conduct a taxation is not to\ndo so if a party to the taxation or a party's legal practitioner objects\nto the officer conducting the taxation.\n\nWork Health Court Rules 1999 78\n23.09 Bill of costs\n(1) A party entitled to costs may apply to the taxing officer for a taxation\nby filing, not later than 2 months after the final costs order is made:\n(a) a summons for a taxation of costs in accordance with\nForm 23A; and\n(b) a bill in taxable form.\n(2) The party must file sufficient copies of the summons and bill to\nenable the party to serve a sealed copy on each party to whom the\nsummons is addressed.\n(3) The fee payable on filing a bill of costs:\n(a) is the fee that is specified at item 2 of the Schedule to the\nLocal Court Regulations 2016 for the filing of a bill of costs\nunder Part 38 of the Local Court (Civil Jurisdiction)\nRules 1998; and\n(b) is to be claimed in the bill.\n(4) A bill is to commence with a short narrative that succinctly identifies\nthe issues involved in the proceeding.\n(5) A bill is to consist of 3 parts dealing with the costs of:\n(a) preparation;\n(b) attendance at the hearing; and\n(c) taxation.\n(6) The items claimed in each part are to be listed in chronological\norder.\n(7) On the filing of a summons for taxation, the Registrar must mark on\nit the date, time and place fixed for the taxation.\n(8) Not later than 21 days before the date fixed for the taxation, the\nparty entitled to costs must serve on the party who is to pay costs a\ncopy of the summons for taxation and the bill.\n23.10 Notice of objection\n(1) If the party who is to pay costs objects to any items in a bill, the\nparty must file and serve a notice of objection to those items in\naccordance with Form 23B and provide in the notice the reason for\neach objection.\n\nWork Health Court Rules 1999 79\n(2) A party must file and serve a notice of objection not later than\n7 days before the date fixed for the taxation.\n(3) If a party who is to pay costs fails to file and serve a notice of\nobjection, there is a presumption that the party has no objection to\nthe bill.\n(4) Nothing in subrule (3) is to be taken to affect the discretion of the\ntaxing officer to tax off items.\n(5) A party who is to pay costs and who does not file a notice of\nobjection is not entitled to be heard at the taxation without the leave\nof the Court.\n23.11 Particular allowances\n(1) The taxing officer may allow a charge for general care and conduct\n(as defined in the Supreme Court Rules 1987) in respect of\npreparation and attendance at the hearing of a proceeding.\n(2) No allowance is to be made for specific care and conduct (as\ndefined in the Supreme Court Rules 1987).\n(3) A clerk's time spent in engrossing a document is allowable only if it\nis:\n(a) included in an item charged under the composite scale set out\nin the Appendix; or\n(b) 5 or more units.\n23.12 Review of taxing officer's order\nIf a party files an application referred to in Order 63.55(12) of the\nSupreme Court Rules 1987 as a Notice to Review, the application\nis to be heard by:\n(a) if there is an assigned magistrate in the proceeding – the\nassigned magistrate; or\n(b) if there is no assigned magistrate in the proceeding or the\nassigned magistrate is not available – a magistrate.\n\nWork Health Court Rules 1999 80\n24.01 Change in legal practitioner\nIf a party changes the legal practitioner who acts for him or her, the\nparty must without delay file a notice of the change and serve a\ncopy:\n(a) on the other parties; and\n(b) if practicable – on his or her former legal practitioner.\n24.02 Appointment of legal practitioner\n(1) If a party who had not previously appointed a legal practitioner\nappoints a legal practitioner to act for him or her, the party must\nwithout delay file a notice of the appointment and serve a copy on\nthe other parties.\n(2) The address for service of a party who files and serves a notice\nunder subrule (1) is the business address of the legal practitioner.\n24.03 Ceasing to act\n(1) If a legal practitioner ceases to act for a party, unless a notice of\nchange is filed and served under rule 24.01, the legal practitioner\nmust without delay:\n(a) file a notice that he or she has ceased to act; and\n(b) serve a copy on all parties.\n(2) A notice under subrule (1) is to state the address of the party last\nknown to the legal practitioner.\n(3) Except with the leave of the Court, a legal practitioner must not file\na notice under subrule (1) later than 56 days before the hearing of\n(4) If a notice is filed and served under subrule (1), the address for\nservice of a party is the address of the party stated in the notice.\n(5) If, under subrule (3), the Court gives a legal practitioner leave to file\na notice that the legal practitioner has ceased to act, the Court may\ndirect what address is to be the address for service of the party for\nwhom the legal practitioner has ceased to act.\n\nWork Health Court Rules 1999 81\n24.04 Service if practitioner ceases to practise\n(a) a legal practitioner who has acted for a party has ceased to\npractise; and\n(b) the party has not given notice under rule 24.01 or the legal\npractitioner has not given notice under rule 24.03(1),\non an interlocutory application made by any other party to the\nproceeding, the Court may make orders in respect of service of\ndocuments on the party.\n(2) If an order is made under subrule (1), the party who made the\napplication must without delay serve a copy of the order on each\nother party and file an affidavit of service.\n25.01 Repeal\nThe Work Health Court Rules (1987, No. 18 and 1990, No. 7) are\nrepealed.\n\nWork Health Court Rules 1999 82\nrule 2.05(1)\nFORM 2A\nrule 2.06(3)\nINDEX OF DOCUMENTS\nThe documents listed below and attached to this index are filed by [identify\nparty]:\n(Give brief description, in numerical order, of each document filed.)\n1.\n2.\n(Continue as necessary.)\nPrepared and filed by [name, address, telephone number, facsimile number\nand reference number of party or party's legal practitioner]. (If the legal\npractitioner is acting as the agent of another practitioner, also insert the name,\naddress, telephone, facsimile and reference numbers of the principal.)\n(NOTE TO PARTY FILING DOCUMENTS: Number the documents\nconsecutively at the top of each first page and attach securely to this index in\nnumerical order.)\n\nWork Health Court Rules 1999 83\nFORM 3A\nrule 3.07(2)\n* NOTICE OF DISCONTINUANCE\n* NOTICE OF WITHDRAWAL\nThe [identify party] gives notice that:\n* this application is discontinued.\n* the counterclaim made in this proceeding is discontinued.\n* the appearance filed in this proceeding is withdrawn.\n* the notice of defence filed in this proceeding is withdrawn.\n\nWork Health Court Rules 1999 84\nReturn to Work Act 1986\nFORM 5A\nrule 5.02(1)\nAPPLICATION TO THE WORK HEALTH COURT\nIN THE WORK HEALTH Claim No.\nCOURT AT [VENUE]\nBETWEEN [FULL NAME] * Worker/Applicant *\nand\n[FULL NAME] * Employer/Respondent *\nTO THE * EMPLOYER/RESPONDENT *\nAND THE COURT\nThis application is made to the Work Health Court for the following: (tick the\nappropriate box)\n(a) application for injunction under section 77 of the\nWorkplace Health and Safety Act 2007 [ ]\n(b) appeal against decision on review under\nsection 88 of the Workplace Health and Safety\nAct 2007\n[ ]\n(d) claim by Motor Accidents (Compensation)\nCommission in respect of journey\nclaim: section 61(3) of the Return to Work\nAct 1986\n[ ]\n(e) determination of dependants' proportions of\ndeath benefit: section 62(2) of the Return to\nWork Act 1986 (See note 1.)\n[ ]\n(f) order in respect of claim for compensation\nunder Part 5 of the Return to Work Act 1986 or\ndetermination of dispute between worker and\nemployer following mediation under Part 6A of\nthe Return to Work Act 1986: section 104 of the\nReturn to Work Act 1986 (See note 2.)\n[ ]\n\nWork Health Court Rules 1999 85\n(g) recovery by insurer from another insurer of\ncompensation paid: section 126A(2)(b)(i) of the\nReturn to Work Act 1986\n[ ]\n(h) claim against approved insurer for\ncompensation following default by employer:\nsection 132(1) of the Return to Work Act 1986\n[ ]\n(j) other (Give brief description and specify section\nof Act – see note 3.) [ ]\nThe * employer/respondent * MUST, NOT LATER THAN 14 DAYS AFTER\nBEING SERVED with this application:\n(a) file an appearance, in accordance with Form 5C, with a Registrar of the\nWork Health Court at [address]; and\n(b) serve a copy of the appearance on the party making this application.\nIF an appearance is not filed and served within the time specified above, the\n* worker/applicant * MAY OBTAIN DEFAULT JUDGMENT.\n[signature of worker/applicant\nDo not ignore this application. If you do not understand this application or\nneed help contact a Registrar of the Work Health Court, a legal practitioner or\nyour local legal aid office.\n1. This application was filed:\n* by the * worker/applicant * in person.\n* for the worker by [name of person representing worker under\nsection 98 of Act] of [address]. (Address may include person's\ntelephone number and facsimile number (if any).)\n* for the * worker/applicant * by [name of that party's legal practitioner]\nof [name of firm], legal practitioner(s), of [business address in Australia\nincluding telephone, facsimile and reference numbers]. (If the legal\npractitioner is the agent of another legal practitioner, also insert the\nname of the principal's firm and business address including telephone,\nfacsimile and reference numbers.)\n2. The address of the * worker/applicant * is – (Address may include\nparty's telephone number and facsimile number (if any).)\n\nWork Health Court Rules 1999 86\n3. The address for service of the * worker/applicant * is – (If that party\napplies in person insert the address as in 2. If that party is represented\nby a legal practitioner or a person under section 98 of the Act, insert\nthe address as in 1.)\n4. The address of the * employer/respondent * is:\n1. An application under section 62(2) of the Return to Work Act 1986 is to\nbe accompanied by a list of the names and addresses of all other persons\nwho, to the best of the applicant's knowledge, were dependants of the\ndeceased worker at the time of death.\n2. Unless the Court orders otherwise, an application referred to in\nsection 104(3) of the Return to Work Act 1986 is to be accompanied by copies\nof the following documents (as applicable):\n(a) the worker's claim form and medical certificates referred to in\nsection 82 of the Return to Work Act 1986;\n(b) notifications of decisions and statements under section 85 of the\nReturn to Work Act 1986;\n(c) applications and decisions made under section 86 of the Return to\nWork Act 1986;\n(d) notices and statements given under section 69 of the Return to Work\nAct 1986;\n(e) all medical reports in the worker's possession, whether or not they\nsupport the worker's claim;\n(f) the certificate issued by the mediator under section 103J of the Return\nto Work Act 1986.\n3. An application in respect of an interim determination under section 107\nof the Return to Work Act 1986 is to be made by interlocutory application\n(Form 6A and affidavit).\n4. A sealed copy of this application and, if applicable, the documents filed\nwith the application are to be served on each other party. You must file\nsufficient copies to allow for service of sealed copies.)\n\nWork Health Court Rules 1999 87\nFORM 5B\nrule 5.04(2)\nAFFIDAVIT OF SERVICE\nNAME OF DEPONENT:\nDATE AFFIDAVIT MADE:\nI, [full name of deponent], [occupation or description], of [deponent's address],\nmake oath and say that:\n1. At [time] on [day] the [date] of [month] [year] I served the Form 5A\napplication filed in this proceeding on [filing date] personally on the\n* employer/respondent *, [full name of party served], at [address where\nserved].\n2. Personal service was effected as follows:\n[details]\n*3. I identified the * employer/respondent * as follows:\n[details]\nMade at [place] ________________ on [date] ________________\nBy [signature of deponent] _______________________________________\nWitnessed by\nSignature______________________________________________________\nJustice of the peace / commissioner for oaths\nCommissioner for Affidavits or Declarations or Notary Public (for service under\nService and Execution of Process Act 1992 (Cth))\nName________________________________________________________\nAddress or phone no. __________________________________________\n\nWork Health Court Rules 1999 88\nFORM 5C\nrule 5.06(1)\nAPPEARANCE\nTO THE * WORKER/APPLICANT *\nIn response to the application dated [e.g. 2 November 1998], I state that:\n1. The full name and address of the * employer/ respondent * is:\n*2. The name and address of the * employer's/respondent's * legal\npractitioner is – [name of party's legal practitioner] of [name of firm],\nlegal practitioner(s) of [business address in Australia including\ntelephone, facsimile and reference numbers]. (If the legal practitioner is\nthe agent of another legal practitioner, also insert the name of the\nprincipal's firm and business address including telephone, facsimile\nand reference numbers.)\n3. The * employer's/respondent's * address for service is – (If the party\ndefends in person insert the address as in 1. If the party is legally\nrepresented insert the address as in 2.)\n*4. The facts stated by the * worker/applicant * on the original claim form\nare alleged to be inaccurate or incomplete for the following reasons:\n(See note.)\n*5. The employer has the following claim against the worker:\n[brief statement of claim]\n*6. The respondent claims, as a dependant of the deceased worker, to be\nentitled to a proportion of the amount payable under section 62 of the\nReturn to Work Act 1986.\n(NOTE TO EMPLOYER: An employer's appearance in respect of an\napplication by a worker is to be accompanied by all hospital reports and\nmedical reports in the employer's possession relating to the worker's claim,\nwhether or not they support the employer's allegations in item 4. See\nrule 2.06(3) on how to file accompanying documents.)\n\nWork Health Court Rules 1999 89\nFORM 6A\nrule 6.03(a)\nINTERLOCUTORY APPLICATION\nYou are ordered to attend before the Work Health Court for the hearing of an\napplication by the [identify party] for [description of order sought].\nThis application is made in pursuance of rule [no.]\n1. This application may be supported by an affidavit.\n2. A sealed copy of this application and, if applicable, the affidavit are to\nbe served on each other party. You must file sufficient copies to allow for\nservice of sealed copies.)\n\nWork Health Court Rules 1999 90\nFORM 6B\nrule 6.09(1)(a)\nNOTICE OF CONSENT TO INTERLOCUTORY ORDER\nThe [identify consenting party] consents to the Court making an interlocutory\norder that:\n1. [terms of order]\n2.\n\nWork Health Court Rules 1999 91\nFORM 7A\nrule 7.01(1)\nNOTICE OF DIRECTIONS CONFERENCE\nA directions conference has been listed to take place at the Work Health\nCourt at [address] at a.m./p.m. on or as soon afterwards as the\nbusiness of the Court allows.\nAll parties must attend the directions conference and be prepared to discuss\nall issues.\nAn individual must attend the conference personally.\nAn officer or employee of a corporation must be authorised in writing by the\ncorporation to attend the conference and to settle the matter if possible. A\npartner of a firm must have the unfettered written authority of all the other\npartners to attend the conference and to settle the matter if possible.\nAttendance at the conference on behalf of the Territory is to be by an\nemployee (as defined in the Public Sector Employment and Management\nAct 1993) of the Agency for which the Territory is conducting the proceeding,\nwho is authorised in writing by the Chief Executive Officer of that Agency to\nattend the conference and to settle the matter if possible.\nAn employer who is insured must be accompanied by the insurer's\nrepresentative.\nA party who is legally represented may be accompanied by the legal\nrepresentative who must be fully instructed about the conduct of the\nproceeding and the options for settlement.\nIf the person making the application fails to attend, the Court may strike out\nthe claim. If the person who filed the appearance fails to attend, the Court may\ngive the person making the application leave to proceed as if an appearance\nhad not been filed or may make other orders it considers appropriate. A party\nwho is unable to attend should contact a Registrar of the Work Health Court.\nA Registrar may give you leave to attend by communication link. The Court\nmay dispense with the requirement of attendance in person (either physically\nor by communication link) in special circumstances.\n\nWork Health Court Rules 1999 92\nFORM 7B\nrule 7.04(4)(a)(ii)\nSCHEDULING ORDER\nAt a directions conference held at the Work Health Court at [place] at [time] on\n[date]:\n1. The following persons attended:\n(List parties or representatives.)\n2. The following details were given by the parties:\n(List details, in relation to each party, of matters referred to in\nrule 7.04.)\n3. The following undertakings were given/admissions made:\n(List each undertaking/admission and name of party or party's legal\npractitioner giving undertaking/making admission.)\n4. The Court made the following orders:\n(List orders made.)\n\nWork Health Court Rules 1999 93\nFORM 7C\nrule 7.09\nCASE MANAGEMENT STATEMENT\n(Comments to be as brief as possible.)\n* Worker\n* Applicant\n[Comments]\n* Employer\n* Respondent\n[Comments]\n1. The parties certify that this\nproceeding is ready for hearing * yes/no * * yes/no *\n2. All pleadings have been\ncompleted and delivered and\npleadings are closed * yes/no * * yes/no *\n3. All particulars requested have\nbeen furnished * yes/no * * yes/no *\n4. Discovery of documents has\nbeen given by the parties * yes/no * * yes/no *\n5. Inspection of documents has\ntaken place * yes/no * * yes/no *\n6. All necessary medical\nexaminations have taken place * yes/no * * yes/no *\n7. The parties require further\nmedical examinations prior to\nthe hearing * yes/no * * yes/no *\n8. All reports and statements have\nbeen served * yes/no * * yes/no *\n9. If counsel is required, counsel\nhas been briefed * yes/no * * yes/no *\n10. Counsel's advice on evidence\nhas been obtained * yes/no * * yes/no *\n11. All witnesses should be\navailable at the hearing * yes/no * * yes/no *\n12. The length of hearing is\nestimated at:\n\nWork Health Court Rules 1999 94\n13. The prospects of settlement\nare:\n14. Details of witnesses:\n(a) within the jurisdiction\n(i) the number of\nexperts:\n(ii) the number of\nnon-experts:\n(b) outside the jurisdiction\n(i) the number of\nexperts:\n(ii) the number of\nnon-experts:\n15. Communication link\narrangements are:\n16. The orders required are:\n(a) for the worker/applicant:\n(b) for the\nemployer/respondent\n17. Other relevant facts regarding\nfixing a hearing date are:\n(a) for the worker/applicant:\n(b) for the\nemployer/respondent:\n18. The shortest notice on which\neach party would be ready to\ncommence the hearing is:\n19. The issues to be determined at\nthe hearing are:\nDated: [e.g. 1 April 1999] Dated: [e.g. 1 April 1999]\n[signature of party or legal\npractitioner]\n[signature of party or legal\npractitioner]\n\nWork Health Court Rules 1999 95\nFORM 9A\nrule 9.01(1)\nSTATEMENT OF CLAIM\nTHE [IDENTIFY PARTY MAKING THE CLAIM] CLAIMS [concise statement\nof nature of claim], particulars of which are set out below, and seeks [concise\nstatement of compensation or relief sought]\nPARTICULARS OF CLAIM\n(Refer to notes.)\n(NOTES TO PARTY MAKING CLAIM:\n1. You must insert all the material allegations of fact (but not the\nevidence) on which you rely in making the claim. These are to be set out\nclearly and concisely in summary form in consecutively numbered\nparagraphs. Each paragraph is to refer to a separate allegation (so far as\npracticable). The allegations are to be expressed in plain English and\nnon-technical language except to the extent required by the nature of the\nclaim. Refer to Part 8 for additional rules that may be relevant to these\npleadings.\n2. If you are a worker claiming compensation for an injury or disease, the\nparticulars of claim are to contain clear and concise details of the following (as\napplicable):\n(a) worker's date of birth and occupation;\n(b) date when and workplace where injury occurred or disease contracted;\n(c) nature of injury or disease;\n(d) manner in which injury occurred or disease contracted;\n(e) nature of disability suffered as result of injury or disease;\n(f) the worker's normal weekly earnings at date injury occurred or disease\ncontracted;\n\nWork Health Court Rules 1999 96\n(g) dates of periods for which compensation payments claimed;\n(h) amount claimed for permanent impairment and nature of permanent\nimpairment;\n(j) amount claimed for hospital, medical, surgical or rehabilitation\ntreatment and nature of treatment.\n3. If your Form 5A application was made under section 62(2) of the\nReturn to Work Act 1986, the statement of claim is to contain clear and\nconcise details of the following:\n(a) deceased worker's full name, address, occupation and date of birth;\n(c) date when and workplace where injury occurred or disease contracted;\n(d) date of death;\n(e) name and address (if known) of each dependant wholly or partially\ndependent on deceased worker at date of death and relationship to\ndeceased worker.\n4. A sealed copy of this statement of claim is to be served on each other\nparty. You must file sufficient copies to allow for service of sealed copies.)\n\nWork Health Court Rules 1999 97\nFORM 9B\nrule 9.04(1)\nNOTICE OF DEFENCE\nTO [IDENTIFY PARTY]\nTHE DEFENCE OF THE [IDENTIFY PARTY DEFENDING THE CLAIM] IS\n[concise statement of defence(s) relied on]\nPARTICULARS OF DEFENCE\n(Refer to notes.)\n* COUNTERCLAIM\n(Rule 9.05)\n* THE [IDENTIFY PARTY MAKING COUNTERCLAIM] CLAIMS [concise\nstatement of the nature of the claim] particulars of which are set out below,\nand seeks [statement of relief or remedy sought]\n* PARTICULARS OF CLAIM\n(Refer to notes 1 and 5 only.)\n(NOTES TO PARTY DEFENDING CLAIM:\n1. You must insert all the material allegations of fact (but not the\nevidence) on which you rely in defending the claim and making the\ncounterclaim (if applicable). These are to be set out clearly and concisely in\nsummary form in consecutively numbered paragraphs. Each paragraph is to\nrefer to a separate allegation (so far as practicable). The allegations are to be\nexpressed in plain English and non-technical language except to the extent\nrequired by the nature of the defence or counterclaim.\n\nWork Health Court Rules 1999 98\n2. You must plead specifically a fact or matter that:\n(a) you allege makes a claim not maintainable; or\n(b) raises a question of fact that does not arise out of the statement of\nclaim.\n3. An allegation in the statement of claim will be taken as admitted unless\nyou deny the allegation specifically or by necessary implication or state that\nthe allegation is not admitted. If you specifically deny an allegation, you must\nstate what facts you rely on as the basis of the denial.\n4. If you intend to prove facts that are different from those in the\nstatement of claim, you must:\n(a) specifically deny those facts or state that those facts are not admitted;\nand\n(b) plead the facts you intends to prove.\n5. Refer to Part 8 for additional rules that may be relevant to these\npleadings.\n6. If this notice contains a counterclaim, you must file sufficient copies to\nallow for service of sealed copies. If this notice does not contain a\ncounterclaim, it need not be sealed and one copy only is to be filed.)\n\nWork Health Court Rules 1999 99\nFORM 10A\nrule 10.04(2)\nCONSENT TO BE LITIGATION GUARDIAN\nTo the COURT\nI, [full name of litigation guardian] of [address] have consented to my\nappointment as the litigation guardian of [name of person under disability].\nThe above-named is a person under a disability for the following reason(s):\nI declare that I have no interest in this proceeding that is adverse to the\ninterest of the person under a disability named above.\n[signature of\nlitigation guardian]\n\nWork Health Court Rules 1999 100\nFORM 11A\nrule 11.01(2)(a)\nAPPLICATION FOR ORDERS IN RESPECT OF JOINDER OF PARTY\nTO [IDENTIFY PERSON PROPOSED TO BE JOINED AND EACH OTHER\nPARTY]\nYou are ordered to attend before the Work Health Court for the hearing of an\napplication by [applicant] for orders in respect of the joinder of another\n* employer/approved insurer */person * as a party to this proceeding.\nThe applicant alleges:\n* under section 55(3) of the Act, that the disease referred to in the worker's\nclaim in this proceeding was contracted while the worker was in the employ of\n[name of other employer] of [address].\n(OR)\n* under section 126A(2)(b)(ii) of the Act, that the approved insurer, [name] of\n[address], may be liable to indemnify the employer for all or part of the\ncompensation paid to the worker.\n(OR)\n[brief description of allegation]\n[signature of applicant\n1. This application must be supported by an affidavit.\n2. A sealed copy of this application is to be served on the party to be\njoined and each other party. You must file sufficient copies to allow for service\nof sealed copies.)\n\nWork Health Court Rules 1999 101\nFORM 12A\nrule 12.02(1)\nLIST OF DOCUMENTS\nI, [name of party], the [identify party] in this proceeding, say that:\n1. I have in my possession, custody or power, the documents enumerated\nin Part 1 of Schedule 1 relating to the questions in this proceeding.\n2. The documents enumerated in Part 2 of Schedule 1 are privileged, and\nI object to producing them.\nThe documents are privileged on the following grounds:\n(e.g.)\n(a) as to documents numbered 4 – 6, that [grounds of privilege];\n(b) as to documents numbered 7 – 9, that [grounds of privilege].\n3. I have had, but no longer have, in my possession, custody or power,\nthe documents enumerated in Schedule 2 relating to the questions in\n(e.g.)\n(a) Document numbered [no.] was last in my possession, custody or\npower on [date] and I believe that [statement of belief as to what has\nbecome of it]\n4. To the best of my knowledge, information and belief neither I nor my\nlegal practitioner nor any other person on my behalf has now, or ever\nhad, in my or his or her possession, custody or power, any documents\nrelating to a question in the proceeding other than the documents\nenumerated in Schedules 1 and 2.\n[signature of party]\n(NOTE: A party's legal practitioner may complete this form only if instructed to\ndo so by the party. See rule 1.14.)\n\nWork Health Court Rules 1999 102\n","sortOrder":5},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":null,"content":"SCHEDULE 1\n(Describe each document in the Schedules as original or copy and number\neach of them.)\nPART 1\nDOCUMENTS IN PARTY'S POSSESSION\nPART 2\nPRIVILEGED DOCUMENTS\nSCHEDULE 2\nDOCUMENTS NO LONGER IN PARTY'S POSSESSION\n\nWork Health Court Rules 1999 103\nFORM 12B\nrule 12.03(1)\nREQUIREMENT FOR AFFIDAVIT VERIFYING LIST OF DOCUMENTS\nYou are required by the [requesting party] to make an affidavit verifying your\nlist of documents and to serve the affidavit on the [requesting party] not later\nthan 14 days after service of this notice on you.\nPrepared by [footer as in Form 2A]\n\nWork Health Court Rules 1999 104\nFORM 12C\nRule 12.05\nNOTICE TO PRODUCE DOCUMENTS FOR INSPECTION\nThe [requesting party] requires you to produce for inspection, not later than\n14 days after service of this notice on you, the following documents referred to\nin your [list of documents, statement of claim, notice of defence, affidavit, &c.]:\n[description of documents requested]\nYou are required to arrange with [requesting party] a time and place for\ninspection.\nPrepared by [footer as in Form 2A]\n\nWork Health Court Rules 1999 105\nFORM 14A\nrule 14.03(2)\nADMISSION OF FACTS\nI, [party], admit the following facts:\n1. [list of facts admitted]\n2.\n\nWork Health Court Rules 1999 106\nFORM 14B\nrule 14.04(2)\nNOTICE TO DISPUTE FACTS\nIf you do not, within [specify a number of days not less than 14] days after\nservice of this notice on you serve a notice on the [party serving this notice]\ndisputing any fact specified below, that fact will, for the purpose of this\nproceeding only, be taken to be admitted by you in favour of the [party serving\nthis notice].\nIf you do serve a notice disputing a fact, and afterwards that fact is proved,\nyou must pay the costs of proof unless the Court orders otherwise.\n1. [list of facts]\n2.\n\nWork Health Court Rules 1999 107\nFORM 14C\nrule 14.04(3)\nNOTICE DISPUTING FACTS\nThe [party serving this notice] disputes the following facts specified in the\n[identify party's] notice dated [e.g. 1 February 1999].\n1. [list of disputed facts]\n2.\nDated: [e.g. 8 April 1999]\n\nWork Health Court Rules 1999 108\nFORM 14D\nrule 14.05(2)\nNOTICE TO DISPUTE AUTHENTICITY OF DOCUMENTS\nIf you do not, within [specify a number of days not less than 14] days after\nservice of this notice on you serve a notice on the [party serving this notice]\ndisputing the authenticity of a document specified below, the authenticity of\nthe document will, for the purpose of this proceeding only, be taken to be\nadmitted by you in favour of the [party serving this notice].\nIf you do serve a notice disputing the authenticity of a document, and\nafterwards the authenticity of the document is proved, you must pay the costs\nof proof unless the Court orders otherwise.\n1. [list of documents]\n2.\n\nWork Health Court Rules 1999 109\nFORM 14E\nrule 14.05(3)\nNOTICE DISPUTING AUTHENTICITY OF DOCUMENTS\nThe [party serving this notice] disputes the authenticity of the following\ndocuments specified in the [identify party's] notice dated\n[e.g. 1 February 1999]:\n1. [list of disputed documents]\n2.\nDated: [e.g. 8 April 1999]\n\nWork Health Court Rules 1999 110\nFORM 15A\nrule 15.01(1)\nMEMORANDUM OF AGREEMENT\nThe [identify parties] in this proceeding have entered into the following\nagreement and request the Court to record the agreement.\n[details of agreement]\nDated: Dated:\n[signed by party] [signed by party]\n[PARTY'S FULL NAME] [PARTY'S FULL NAME]\n(NOTES TO PARTIES:\nThe memorandum of agreement is to be filed accompanied by a document,\nheaded \"STATEMENT OF PARTICULARS\", including the following particulars\nas applicable. The statement of particulars is to include details, by the use of\nsub-totals, of how the amount of each payment under the agreement is made\nup or calculated.\n1. In the case of an injury suffered or disease contracted by a worker:\n(a) worker's full name, address, occupation and date of birth;\n(c) date of injury or when disease contracted;\n(d) brief statement of injury or disease;\n(e) as at the date of injury or contraction of disease:\n(i) worker's normal weekly earnings (as defined in section 49 of the\nAct);\n(ii) name of award (if any) under which worker was employed;\n(iii) amount of sick leave benefit payable under that award;\n(f) period(s) of incapacity;\n(g) actual earnings of worker during period(s) of incapacity up to the date\nof this memorandum, giving dates on which variations of earnings\noccurred;\n(h) amount per week worker is reasonably capable of earning in work\nhe/she is capable of undertaking if he/she were to engage in the most\nprofitable employment, if any, reasonably available to him/her, having\nregard to the matters referred to in section 68 of the Act;\n\nWork Health Court Rules 1999 111\n(j) full name of spouse and:\n(k) full names and dates of birth of prescribed child (as defined in\n(m) amounts (using sub-totals for each category) previously made for:\n(i) weekly payments;\n(ii) hospital, medical or rehabilitation treatment or training expenses;\n(p) amount (using sub-totals for each category) of medical, hospital,\nrehabilitation or other expenses for which compensation is claimed.\n2. In the case of a worker with a permanent impairment:\n(a) worker's full name, address, occupation and date of birth;\n(c) date of injury or when disease contracted;\n(d) brief statement of injury or disease;\n(e) percentage of permanent impairment assessed under section 72 of the\nAct.\nIn addition to the statement of particulars, copies of the following documents\nare also to accompany the memorandum of agreement:\n(a) all medical reports obtained by the parties in respect of the injury or\n(b) all other documents on which the parties relied in reaching agreement,\nincluding documents that provide evidence of amounts to be paid under\nthe agreement.\nSee rule 2.06(3) on how to file accompanying documents.)\n\nWork Health Court Rules 1999 112\nFORM 15B\nrule 15.02\nNOTICE OF RECEIPT OF MEMORANDUM OF AGREEMENT\nTO [NAME AND ADDRESS OF EACH PARTY AND PERSON HAVING AN\nINTEREST IN THE AGREEMENT]\nIn respect of the claim in this proceeding, the Court has received a request\nthat the Court record a memorandum of agreement between [identify parties]\ndated [date]. A copy of the memorandum of agreement is available for\ninspection at the Registry of the Work Health Court at [address].\nIf you object to the Court recording the memorandum of agreement you may,\nNOT LATER THAN 21 DAYS AFTER THE DATE OF THIS NOTICE, file a\nnotice of objection in accordance with Form 15C. A notice of objection is to\nstate the grounds on which the objection is made.\nThe Registrar will consider the memorandum of agreement and all objections\nreceived and may require the parties to provide further information. The\nRegistrar will then make a report to the Court, after which the Court may:\n(a) direct the Registrar to request the parties to the agreement, their legal\npractitioners or other persons entitled under section 98 of the Act to\nappear for them, to appear before the Court to provide further\ninformation (including copies of documents) and make further\nsubmissions as the Court thinks fit;\n(b) require the hearing of oral evidence;\n(c) summon a person to appear to give evidence; or\n(d) direct the Registrar:\n(i) not to record the agreement; or\n(ii) to record the agreement on terms or in its present form.\nThe Registrar will notify you accordingly.\n\nWork Health Court Rules 1999 113\nFORM 15C\nrule 15.03(2)\nNOTICE OF OBJECTION TO RECORDING MEMORANDUM OF\nAGREEMENT\nAND [IDENTIFY EACH PARTY AND PERSON HAVING AN INTEREST IN\nTHE AGREEMENT]\nI, [name of person objecting], of [address], object to the recording of the\nmemorandum of agreement between [identify parties] dated [date] on the\nfollowing grounds:\n[signature of person objecting\n\nWork Health Court Rules 1999 114\nFORM 15D\nrule 15.06(2)(a)\n* NOTICE OF DIRECTION NOT TO RECORD AGREEMENT\n* NOTICE OF DIRECTION TO RECORD AGREEMENT ON TERMS\nTO [IDENTIFY EACH PARTY AND PERSON WHO FILED OBJECTION]\nOn [date of direction] the Court directed me:\n* not to record the memorandum of agreement dated [date of agreement]\nbetween [parties].\nThe reasons for the direction are:\n[reasons]\n* to record the memorandum of agreement dated [date of agreement]\nbetween [parties].\n* to record the memorandum of agreement dated [date of agreement]\nbetween [parties] on the following terms:\n[terms]\nI have today recorded the memorandum of agreement in respect of:\n* compensation for an injury that occurred on [date]\n* compensation for a disease contracted on [date]\n* [brief description of other claim]\n\nWork Health Court Rules 1999 115\nFORM 15E\nrule 15.07(1)(a)\nAPPLICATION FOR COMMUTATION OF FUTURE COMPENSATION\nPAYMENTS\nThe * employer/person to whom compensation is payable * applies for the\ncommutation of future compensation payments under section * 63/65 * of the\nReturn to Work Act 1986 on the following terms:\n(Enter terms.)\nSTATEMENTS BY EMPLOYER OR PERSON TO WHOM COMPENSATION\nIS PAYABLE\n(Insert required statement(s) in the form of an affidavit or statutory declaration\nunder the Oaths, Affidavits and Declarations Act 2010.)\nThis application is to be accompanied by a document, headed \"STATEMENT\nOF PARTICULARS\" including details, by the use of sub-totals, of how the\namount of commutation is calculated. The following particulars, as applicable,\nare to be included in the statement of particulars:\n1. In the case of section 63 payments:\n(a) prescribed child's date of birth;\n(b) date of death of worker;\n(c) current amount of weekly compensation payments.\n2. In the case of section 65 payments:\n(a) worker's occupation and date of birth;\n(b) date when worker became incapacitated for work;\n(c) brief statement of injury out of which incapacity arose;\n(d) full name of spouse and:\n(e) full names and dates of birth of prescribed child (as defined in\n\nWork Health Court Rules 1999 116\n(f) current amount of weekly compensation payments.\nIn addition to the statement of particulars, copies of other documents relevant\nto the proposed commutation are also to accompany this application.\nIf the other party consents to the commutation, the party may endorse his or\nher consent on the application.)\n\nWork Health Court Rules 1999 117\nFORM 15F\nrule 15.07(2)(a)\nAPPLICATION FOR COMMUTATION OF FUTURE COMPENSATION\nPAYMENTS\nThe worker applies for the commutation of regular compensation payments\nunder section 65 of the Return to Work Act 1986 on the following terms:\n(Enter terms.)\nSTATEMENT BY WORKER\n(Insert required statement(s) in the form of an affidavit or statutory declaration\nunder the Oaths, Affidavits and Declarations Act 2010.)\n1. This application is to be accompanied by a document headed\n\"STATEMENT OF PARTICULARS\" including details, by the use of sub-totals,\nof how the amount of commutation is calculated. The following particulars, as\napplicable, are to be included in the statement of particulars:\n(a) worker's occupation and date of birth;\n(b) date when worker became incapacitated for work;\n(c) brief statement of injury out of which incapacity arose;\n(d) full name of spouse and:\n(e) full names and dates of birth of prescribed child (as defined in\n(f) current amount of weekly compensation payments.\n2. In addition to the statement of particulars, copies of the following\ndocuments are also to accompany this application:\n(a) statement by person who gave financial counselling and brief details of\ncounselling;\n(b) documents on which the parties relied in calculating the commutation.\nIf the employer consents to the commutation, the employer may endorse his\nor her consent on the application.)\n\nWork Health Court Rules 1999 118\nFORM 16A\nrule 16.03(3)(b)(i)\nAPPLICATION FOR ORDER PERMITTING EXAMINATION OF WITNESS\nBY CLOSED-CIRCUIT TELEVISION COMMUNICATION LINK\nThe [identify party] applies for an order permitting the examination of the\nwitness named below by closed-circuit television communication link at the\nhearing of this proceeding.\nName of witness:\nDate(s) fixed for the hearing:\nTime at which it is proposed to examine witness:\n* Arrangements for the communication link are as follows:\n[details of arrangements]\n\nWork Health Court Rules 1999 119\nFORM 16B\nrule 16.03(4)\nNOTICE OF OBJECTION TO EXAMINATION OF WITNESS BY CLOSED-\nCIRCUIT TELEVISION COMMUNICATION LINK\nAND TO [IDENTIFY PARTY]\nThe [identify party], objects to the Court making an order permitting the\nexamination of a witness, [name], by closed-circuit television communication\nlink at the hearing of this proceeding.\nThe objection is based on the following ground(s):\n\nWork Health Court Rules 1999 120\nFORM 16C\nrule 16.03(9)(b)\nNOTICE OF CLOSED-CIRCUIT TELEVISION COMMUNICATION LINK\nRESERVATION\nI/We, [name of person or firm], request you to reserve the Court's closed-\ncircuit television communication link as detailed below and pre-arranged in\naccordance with rule 16.03(9)(a).\nName of witness:\nDate and time:\nOther facility:\nTelephone number of other facility:\n(Repeat above details for each witness, as necessary.)\n* I/We require the use of a document camera.\n* I/We do not require the use of a document camera.\nUNDERTAKING\n* I/We *, [name], undertake:\n(a) to pay to the Court the costs of the communication link referred to\nabove, including transmission costs, at the rates advised by the officer\nof the Court with whom arrangements for the reservation were made;\nand\n(b) to indemnify the Court against liability for any charges that may be\nmade by other providers of facilities in relation to this communication\nlink.\n\nWork Health Court Rules 1999 121\nFORM 17A\nrule 17.01(1)\nAFFIDAVIT\nNAME OF DEPONENT:\nDATE AFFIDAVIT MADE:\nI, [full name of deponent], [occupation or description], of [deponent's\nresidential address or, if making affidavit in professional or occupational\ncapacity, business address and position and, if applicable, name of firm or\nemployer], make oath and say that:\n1. (Divide into paragraphs, numbered consecutively. Confine each\nparagraph as far as possible to a distinct portion of the subject.)\nBy [signature of deponent] _______________________________________\nWitnessed by\nSignature______________________________________________________\nJustice of the peace / commissioner for oaths\nName________________________________________________________\nAddress or phone no. __________________________________________\n\nWork Health Court Rules 1999 122\nFORM 19A\nrule 19.03(1)(a)\nSUMMONS TO GIVE EVIDENCE\nTO [NAME]\nTHE COURT ORDERS that you attend for the purpose of giving evidence:\n(a) before the Work Health Court;\n(b) at [address of Court];\n(c) at [time] on [date] and until you are excused from further attending.\n1. If you do not comply with this summons you may be arrested.\n2. Any question concerning this summons should be addressed initially to\n3. Conduct money must be given or offered with this summons.\nDo not ignore this summons. If, after contacting the person named in note\n2, you still do not understand this summons or need help, contact a Registrar\nof the Work Health Court, a legal practitioner or your local legal aid office.\n\nWork Health Court Rules 1999 123\nFORM 19B\nrule 19.04(a)\nSUMMONS FOR PRODUCTION OF DOCUMENTS\nTO [NAME]\nTHE COURT ORDERS that you attend, and bring with you this summons and\nthe documents and things described in the Schedule, at the Work Health\nCourt at [address] at [time] on [date] and until you are excused from further\nattending.\nInstead of attending, you may take this summons and the documents and\nthings described in the Schedule to a Registrar of the Work Health Court at\n[address] by hand or by post, in either case so that the Registrar receives\nthem no later than 2 business days before the date on which you are required\nto attend.\nSCHEDULE\n[description of documents and things]\n1. If you do not comply with this summons you may be arrested.\n2. Documents and things taken to the Court by you may be returned by\npost to you at your address shown on this summons. You may request\nin writing that they be posted to you at another address or you may ask\nto collect them from the Court.\n3. Any question concerning this summons should be addressed initially to\n4. Conduct money must be given or offered with this summons.\nDo not ignore this summons. If, after contacting the person named in\nnote 3, you still do not understand this summons or need help, contact a\nRegistrar of the Work Health Court, a legal practitioner or your local legal aid\noffice.\n\nWork Health Court Rules 1999 124\nFORM 19C\nrule 19.04(b)\nSUMMONS TO CORPORATION FOR PRODUCTION OF DOCUMENTS\nTO [NAME OF CORPORATION]\nTHE COURT ORDERS that:\n1. [Name of corporation], called the corporation, must produce this\nsummons and the documents and things described in the Schedule by\nan appropriate officer attending and producing them at the Work Health\nCourt at [address] at [time] on [date] and until you are excused from\nfurther attending.\nInstead of attending, the corporation may produce this summons and\nthe documents and things described in the Schedule to a Registrar of\nthe Work Health Court at [address] by hand or by post, in either case\nso that the Registrar receives them not later than 2 business days\nbefore the date on which the officer is required to attend.\n2. The officer who is to attend must make enquiries for the purpose of\nanswering, and on attending must answer, the questions that the Court\nrequires the officer to answer concerning the possession or custody of\nthose documents and things.\nSCHEDULE\n[description of documents and things]\n1. If you do not comply with this summons an officer of the corporation\nmay be arrested.\n2. Documents and things taken to Court by the corporation may be\nreturned by post to the corporation at its address shown on this\nsummons. It may request in writing that they be posted to it at another\naddress or it may ask to collect them from the Court.\n3. Any question concerning this summons should be addressed initially to\n\nWork Health Court Rules 1999 125\n4. Conduct money must be given or offered with this summons.\nDo not ignore this summons. If, after contacting the person named in\nnote 3, you still do not understand this summons or need help, contact a\nRegistrar of the Work Health Court, a legal practitioner or your local legal aid\noffice.\n\nWork Health Court Rules 1999 126\nFORM 20A\nrule 20.01\nNOTICE OF HEARING\nThe hearing of this proceeding has been listed to take place at the Work\nHealth Court at [address] at a.m./p.m. on or as soon\nafterwards as the business of the Court allows.\n\nWork Health Court Rules 1999 127\nFORM 22A\nrule 22.01(a)\nDRAFT FINAL ORDER\nJUDICIAL OFFICER: [Name]\nDATE MADE:\nHOW OBTAINED:\nAPPEARANCE: (Set out appearance or non-appearance of any\nperson entitled to attend and, if attending, whether by legal practitioner.)\nOTHER MATTERS: (State any finding of jurisdictional fact, undertaking\nof party or other matter as directed by Court.)\nTHE COURT ORDERS THAT:\n1. [terms of order]\n2.\nBY THE COURT\nRegistrar/Magistrate\nDo not ignore this order. If you do not understand this order or need help\ncontact a Registrar of the Local Court, a legal practitioner or your local legal\naid office.\n\nWork Health Court Rules 1999 128\nFORM 22B\nrule 22.02(1)\nNOTICE REQUESTING AMENDMENT OF DRAFT FINAL ORDER\nTO [IDENTIFY PARTY]\nThe [identify party] requests an amendment of the terms of the final order,\nmade in this proceeding on [date], as contained in the draft final order served\non [date]. The amendment requested is as follows:\n(Specify amendment requested.)\n[Signature of party or\n\nWork Health Court Rules 1999 129\nFORM 22C\nrule 22.02(2)(b)\nNOTICE OF REFUSAL TO AMEND DRAFT FINAL ORDER\nTO THE COURT AND [IDENTIFY PARTY]\nThe [identify party] refuses to amend the terms of the final order as requested\nin the notice dated [date] and applies for a determination of the Court in\nrespect of the terms of the final order made in this proceeding on [date].\n\nWork Health Court Rules 1999 130\nFORM 23A\nrule 23.09(1)(a)\nSUMMONS FOR TAXATION OF COSTS\nTO [IDENTIFY EACH PARTY OR OTHER PERSON TO WHOM\nSUMMONS IS ADDRESSED AND STATE ADDRESS OF EACH PERSON\nNOT A PARTY]\nYou are summoned to attend before the taxing officer at [address of Court]\nat a.m./p.m. on for the hearing of an application by [identify\nparty] for the costs that are payable to that party by [identify party liable for\ncosts] under [identify the judgment, etc., by which payable] to be taxed in\naccordance with the bill of costs served with this summons.\nNOTE TO PERSON SERVED WITH SUMMONS:\nWhether or not you attend on the day for hearing referred to above, the costs\nclaimed in the bill may be allowed unless, not later than 7 days before the\ndate fixed for taxation, you file and serve on the [identify party filing summons]\na notice in accordance with Form 23B identifying by list each item in the bill to\nwhich you object and stating specifically and concisely the grounds of\nobjection to each item. Failure to file that notice amounts to an admission of\nthe items in the bill.\n\nWork Health Court Rules 1999 131\nFORM 23B\nrule 23.10(1)\nNOTICE OF OBJECTION TO BILL OF COSTS\nTO [identify party]\nThe [objecting party] objects to the items in your bill of costs specified\nbelow for the reasons specified in relation to each item.\n(List items objected to and state specifically and concisely the grounds of\nobjection to each item.)\n[Signature of party or\n\nWork Health Court Rules 1999 132\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n","sortOrder":6},{"sectionNumber":"2","sectionType":"section","heading":"LIST OF LEGISLATION","content":"2 LIST OF LEGISLATION\nWork Health Court Rules (SL No. 26, 1999)\nNotified 28 July 1999\nCommenced 1 August 1999 (r 1.02, s 2 Work Health Amendment Act\n(No. 2) 1998 (Act No. 59, 1998) and Gaz G29, 28 July 1999,\np 2)\nAmendments of Work Health Court Rules (SL No. 41, 2000)\nNotified 26 July 2000\nCommenced 26 July 2000\nCorporations Reform (Consequential Amendments NT) Act 2001 (Act No. 17, 2001)\nAssent date 29 June 2001\nCommenced 15 July 2001 (s 2, s 2 Corporations Act 2001 (Cth Act No. 50,\n2001) and Cth Gaz S285, 13 July 2001)\nStatute Law Revision Act 2002 (Act No. 18, 2002)\nAssent date 7 June 2002\nCommenced 7 June 2002\nEvidence and Other Legislation (Witness Assistance) Amendment Act 2006 (Act No. 32,\n2006)\nAssent date 3 November 2006\nCommenced 3 November 2006\nBusiness Names Act 2007 (Act No. 1, 2007)\nAssent date 8 March 2007\nCommenced 22 August 2007 (Gaz G34, 22 August 2007, p 7)\nLaw Reform (Work Health) Amendment Act 2007 (Act No. 30, 2007)\nAssent date 12 December 2007\nCommenced 1 July 2008 (Gaz G25, 25 June 2008, p 4)\n\nWork Health Court Rules 1999 133\nOaths, Affidavits and Declarations (Consequential Amendments) Act 2010 (Act No. 40,\n2010)\nAssent date 18 November 2010\nCommenced 1 March 2011 (s 2, s 2 Oaths, Affidavits and Declarations\nAct 2010 (Act No. 39, 2010) and Gaz G7, 16 February 2011,\np 4)\nWork Health Court Amendment (Evidence) Rules 2012 (SL No. 55, 2012)\nNotified 27 December 2012\nCommenced 1 January 2013 (r 2, s 2 Evidence (National Uniform\nLegislation Act 2011 (Act No. 33, 2011) and Gaz G51,\n","sortOrder":7},{"sectionNumber":"19","sectionType":"section","heading":"December 2012, p 4)","content":"19 December 2012, p 4)\nTerritory Insurance Office (Sale) Act 2014 (Act No. 41, 2014)\nAssent date 28 November 2014\nCommenced pt 6, divs 1 and 2: nc (exp without commencing);\npt 6, div 3: 00:01hrs 1 January 2015 (Gaz S131,\n19 December 2014, p 8); rem: 28 November 2014 (s 2)\nWorkers Rehabilitation and Compensation Legislation Amendment Act 2015 (Act No. 9,\n2015)\nAssent date 23 April 2015\nCommenced ss 3, 4, 5, 24, 25 and pt 4: 22 May 2015; rem: 1 July 2015:\n(Gaz S50, 22 May 2015)\nJustice and Other Legislation Further Amendment Act 2024 (Act No. 9, 2024)\nAssent date 24 May 2024\nCommenced pts 4 and 8: nc; pts 9 and 10: 1 July 2024 (s 2(3));\nrem: 25 May 2024 (s 2(1))\n","sortOrder":8},{"sectionNumber":"3","sectionType":"section","heading":"GENERAL AMENDMENTS","content":"3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: rr 1.01, 1.03, 1.08, 4.05, 5.02,\n7.03, 7.06, 7.10, 12.07, 17.01, 19.08, 23.01, 23.02, 23.09, 23.11 and 23.12\nand sch.\n","sortOrder":9},{"sectionNumber":"4","sectionType":"section","heading":"LIST OF AMENDMENTS","content":"4 LIST OF AMENDMENTS\nr 1.08 amd Act No. 17, 2001, s 20; Act No. 18, 2002, s 8; Act No. 1, 2007, s 82; Act\nNo. 30, 2007, s 59; Act No. 9, 2015, s 31\nr 1.15 amd No. 41, 2000, r 1\nr 2.04 amd Act No. 30, 2007, s 59\nr 4.04 amd Act No. 17, 2001, s 20\nr 4.05 amd Act No. 17, 2001, s 20; Act No. 1, 2007, s 83\nr 5.02 amd Act No. 30, 2007, s 59; Act No. 9, 2015, s 31\nr 6.06 amd Act No. 40, 2010, s 186\nr 8.08 amd No. 41, 2000, r 2\nr 12.03 amd Act No. 40, 2010, s 187\nr 15.07 amd Act No. 40, 2010, s 188\nr 17.01 amd Act No. 40, 2010, s 189\nr 17.02 amd Act No. 40, 2010, s 190\nr 17.03 amd Act No. 40, 2010, s 191\nr 17.04 amd Act No. 40, 2010, s 192\n\nWork Health Court Rules 1999 134\nr 17.05 amd Act No. 40, 2010, s 193\nr 17.07 amd Act No. 40, 2010, s 194\nr 17.09 amd Act No. 40, 2010, s 195\nr 17.11 amd Act No. 40, 2010, s 196\nr 17.12 amd Act No. 40, 2010, s 197\nr 19.01 amd Act No. 32, 2006, s 26\nr 19.08 amd Act No. 32, 2006, s 27; Act No. 40, 2010, s 198; No. 55, 2012, r 4\nr 23.09 amd Act No. 9, 2024, s 42\nsch amd Act No. 30, 2007, s 59; Act No. 40, 2010, s 199; Act No. 41, 2014, s 53;\nAct No. 9, 2015, s 31","sortOrder":10}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[{"type":"retroactive_impossibility","section":"rules 18.02(1) and 18.02(2)","severity":"high","reasoning":"Rule 18.02(1) requires service of a medical report as soon as practicable after it comes into a party’s possession, but ‘not later than 28 days before’ the hearing starts. Rule 18.02(2) applies the same outer deadline to written notice of an oral report received from a medical expert. For either separately stated branch, receipt less than 28 days before the hearing leaves its mandatory deadline already past.","confidence":0.96,"description":"Both medical-report disclosure branches can require disclosure before the report is received.","source_quotes":["as soon as practicable after it comes into his or her possession","(except by service) and not later than 28 days before the","practicable after receiving the report and not later than 28 days"]},{"type":"retroactive_impossibility","section":"rule 18.03, read with rule 18.02","severity":"medium","reasoning":"Rule 18.03 applies to a party served with a report under rule 18.02 who intends to rely on it, and requires notice ‘not later than 28 days before’ the hearing. If that service first occurs after that point, the notice deadline precedes the event giving the recipient this report. Rule 18.02 does not exclude late-received reports from its service requirement.","confidence":0.9,"description":"A party first served with another party’s medical report inside the 28-day period cannot meet the deadline for notifying an intention to rely on it.","source_quotes":["is served with a medical report under rule 18.02;","must, as soon as practicable and not later than 28 days before the","as soon as practicable after it comes into his or her possession"]},{"type":"other","section":"rules 22.01(b), 22.02(1) and 22.04(1)(b)","severity":"medium","reasoning":"Rule 22.01(b) requires filing and, ‘without delay’, service of the draft; it does not make them simultaneous. Rule 22.02(1) permits an amendment request within 14 days after service. Rule 22.04(1)(b) instead requires the Registrar to settle the draft after 14 days from filing if no request has been filed. If service follows filing, that settlement trigger can arise while the served party’s express request period remains open.","confidence":0.91,"description":"The draft-order settlement trigger can occur before the period for requesting an amendment expires.","source_quotes":["file the draft final order and, subject to rule 22.03, without\ndelay serve a copy on each other party.","Not later than 14 days after being served with a draft final order","the expiry of 14 days after it is filed under rule 22.01(b),"]}],"contradictions":[{"severity":"medium","section_a":"rule 17.03(1)(c)","section_b":"rule 17.04(1)(c)","confidence":0.87,"description":"For a deponent who cannot read and is physically unable to sign or make a mark, the witness is required to certify both that the deponent signed or marked the affidavit and that the affidavit was made without either act. The evidentiary exception in rule 17.03(2) does not remove either stated certification requirement.","source_quotes":["the deponent signed his or her name or made a mark in the\nperson's presence.","If it appears to the person witnessing an affidavit that the deponent\nis physically unable to sign his or her name or make a mark, the","the affidavit was made by the deponent without the deponent\nsigning his or her name or making a mark because the\ndeponent was physically unable to do so."]},{"severity":"medium","section_a":"rule 17.04(1)(c)","section_b":"rule 17.05(1)(d)","confidence":0.87,"description":"For a deponent who cannot understand English and is physically unable to sign or make a mark, the witness is required to certify both that the affidavit was made without a signature or mark and that the deponent signed or marked it. The evidentiary exception in rule 17.05(2) does not remove either stated certification requirement.","source_quotes":["the affidavit was made by the deponent without the deponent\nsigning his or her name or making a mark because the\ndeponent was physically unable to do so.","If it appears to the person witnessing an affidavit that the deponent\nis unable to understand the English language, the person must","the deponent signed his or her name or made a mark in the\nperson's presence."]}]},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"These Rules are procedural. They apply to proceedings commenced on or after the commencement date and, with necessary changes, to pending proceedings (r 1.04). They expressly do not reduce the Court's pre‑existing jurisdiction (r 1.05) and preserve cost treatment for work done before commencement (r 1.07). The instrument therefore alters procedure and transitional arrangements but does not expand or curtail substantive jurisdictional scope."},"complexity_factors":["Breadth and granularity: 25 Parts and a large Schedule of numbered Forms govern nearly every procedural step (Parts 1–25; Schedule Forms).","Court discretion and case management: broad powers to direct conduct, settle issues, control timetables and impose sanctions (r 3.04; r 7.04; r 7.13).","Discovery and evidence regimes: detailed discovery, inspection, continuing disclosure, interrogatories and affidavit rules with strict time limits (rr 12.01–12.09; Part 13; rr 17.01–17.12).","Expert evidence and medical reporting: prescribed service times, notices and cross‑examination rules for medical and non‑medical experts (rr 18.02–18.06; rr 18.07–18.10).","Costs architecture and taxation linkage: costs discretion, percentage scaling to Supreme Court Appendix and taxation procedure referencing external rules (rr 23.03–23.09; r 23.04).","Multiple timelines and service rules: precise rules for calculating time, service windows, substituted service and confirmations (rr 2.01–2.04; rr 4.01–4.14).","Interaction with other legislation and transitional arrangements: cross‑references to the Return to Work Act, Workplace Health and Safety Act, Corporations Act and Evidence Acts, and transitional treatment of pending proceedings (r 1.04; r 1.08; r 1.07).","Operational costs and burdens on parties: explicit cost allocations for communication links, copying and expert attendance that parties must fund (r 6.07(6); r 16.03(8); r 12.07(4))."],"plain_english_summary":"The Work Health Court Rules 1999 set out the step‑by‑step court procedure for workplace injury and safety cases in the Northern Territory — filing, service, pleadings, discovery, evidence, conferences, hearings, orders and standard forms. They regulate how workers, employers, insurers and their lawyers must behave in court processes. The Court (magistrates, Registrar) decides timetables and may order costs; parties pay filing, discovery, expert and communication‑link costs and face sanctions for non‑compliance, so the Rules shape litigation incentives and compliance burdens."},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available information, the scope appears consistent with the original intent of establishing procedural rules for the Work Health Court. The 2024 reprint likely reflects updated procedural requirements rather than a fundamental change in scope. No evidence of scope expansion or contraction is apparent from the metadata provided."},"complexity_factors":["Limited substantive content is visible in the provided text — mostly metadata and structural headers, making full analysis difficult","Procedural court rules generally involve technical legal process requirements that laypeople may find difficult to navigate without legal assistance","The rules have been in existence since 1999 and reprinted multiple times, meaning there may be accumulated layers of amendments and changes","Specialist jurisdiction (Work Health Court) means the rules interact with broader workers' compensation and work health legislation, requiring cross-referencing","Northern Territory-specific legislation, limiting the availability of general guidance or commentary for those unfamiliar with NT law"],"plain_english_summary":"## Work Health Court Rules 1999\n\nThis legislation sets out the **procedural rules** for how cases are conducted in the Work Health Court — a specialist court (a court dedicated to handling work-related legal disputes) in the Northern Territory.\n\n**Who does this affect?**\n- Workers who have been injured at work and are pursuing a legal claim\n- Employers and their insurers who are defending claims\n- Lawyers and legal representatives appearing in work health matters\n- Anyone involved in a dispute about workers' compensation or work health entitlements in the NT\n\n**What does it do?**\nThese rules govern the *how* of court proceedings — things like:\n- How to file documents and start a case\n- Timelines and deadlines parties must follow\n- How hearings are conducted\n- What forms need to be used\n\n**Why does it matter?**\nIf you're involved in a workers' compensation or work health dispute in the Northern Territory, these rules determine the practical steps you must follow. Getting the procedure wrong — even if you have a strong case — can seriously damage your claim or defence.\n\n⚠️ **Note:** The rules date from 1999 but have been updated, with the most recent reprint coming into effect on **25 May 2024**, meaning there may be important procedural changes to be aware of."},"kimi_summary":{"_metrics":{"completionTokens":778},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original purpose as procedural rules for the Work Health Court. The 2024 version shows amendments updating references (e.g., to the Oaths, Affidavits and Declarations Act 2010 and Local Court Regulations 2016) but no substantive expansion beyond the core workers' compensation dispute resolution framework established in 1999."},"complexity_factors":["25 Parts with 80+ rules covering distinct procedural stages","Extensive cross-referencing between Parts (e.g., Part 6 interlocutory applications referenced throughout)","Multiple defined terms in rule 1.08 including technical concepts like 'communication link', 'document exchange facility', 'medical report'","Conditional timelines with exceptions (e.g., rule 2.03 allowing time expansion by consent or court order)","Nested procedures for case management: directions conference → conciliation conference → prehearing conference → hearing","Detailed affidavit requirements in Part 17 with 12 sub-rules covering special circumstances (illiterate deponents, non-English speakers, etc.)","Schedule of 23 prescribed forms with specific completion instructions","Costs taxation system linked to Supreme Court Rules 1987 with percentage-based calculations"],"plain_english_summary":"These are the **Work Health Court Rules 1999** — the procedural rules that govern how workers' compensation disputes are handled in the Northern Territory's Work Health Court.\n\n**What this legislation does:**\n\nIt sets out the step-by-step process for resolving disputes between injured workers and their employers (or insurers) about workers' compensation claims. Think of it as the \"rulebook\" for how these cases move through the court system.\n\n**Key things covered:**\n\n- **Starting a case** — how workers file applications and how employers respond (Part 5)\n- **Where cases are heard** — rules about which court location (venue) handles which cases, based on where the worker lives, where the injury happened, or where the employer is based (Part 3, Division 1)\n- **Serving documents** — how legal papers must be delivered to the other party, including special rules for companies, government bodies, and people who are hard to find (Part 4)\n- **Case management** — the court's system of conferences (directions, conciliation, and pre-hearing) designed to narrow issues and encourage settlement before a full hearing (Part 7)\n- **Evidence and experts** — rules about medical reports, expert witnesses, affidavits (sworn written statements), and how documents are disclosed between parties (Parts 12, 13, 16–18)\n- **Agreements and settlements** — how parties can record agreements for court approval, including lump-sum payouts (\"commutation\") of future weekly payments (Part 15)\n- **Costs** — how legal fees are calculated, taxed (reviewed), and who pays them, with costs typically set as a percentage of Supreme Court rates (Part 23)\n\n**Who it affects:**\n\n- **Injured workers** seeking compensation or disputing decisions\n- **Employers** and their **insurers** defending claims\n- **Dependants** of deceased workers claiming death benefits\n- **Legal practitioners** representing either side\n\n**Why it matters:**\n\nThese rules aim to make workers' compensation disputes **fair, efficient, and accessible**. The system prioritises early settlement through conciliation conferences, keeps costs controlled, and allows for remote attendance (by phone or video) where needed. The rules also protect vulnerable parties — for example, requiring litigation guardians for people with disabilities and ensuring money awarded to them is managed by the Public Trustee."}},"importantCases":[],"_links":{"self":"/api/acts/work-health-court-rules-1999","history":"/api/acts/work-health-court-rules-1999/history","analysis":"/api/acts/work-health-court-rules-1999/analysis","conflicts":"/api/acts/work-health-court-rules-1999/conflicts","importantCases":"/api/acts/work-health-court-rules-1999/important-cases","documents":"/api/acts/work-health-court-rules-1999/documents"}}