Division 5.—Execution and Attachment (Regulations 96-105).
Part IV.—Organizations (Regulations 106-136).
Part V.—Inspectors (Regulations 137-444).
Part VI.—Miscellaneous (Regulations 145-163).
Definitions.
5.—(1.) In these Regulations, unless the contrary intention appears —
" Commissioner for Affidavits " means a person authorized under the law of the Commonwealth or of a State or Territory of the Commonwealth to take affidavits or declarations ;
" Justice of the Peace " means a Justice of the Peace of a State or part of a State or of a Territory of the Commonwealth ;
" the Act " means the Commonwealth Conciliation and Arbitration Act 1904-1947 ; and
" the Registrar " means the Industrial Registrar, and includes a Deputy Industrial Registrar and, for the purposes of Part IV. of these Regulations, means, in relation to an organization or branch of an organization —
(a) where the organization is registered at the Principal Registry—the Industrial Registrar or a Deputy Industrial Registrar stationed at the Principal Registry ; or
(b) in any other case—the Deputy Industrial Registrar in charge of the Registry in which the organization is registered.
(2.) Any reference in these Regulations to the Registry or Registrar in a Territory of the Commonwealth shall, in relation to the Australian Capital Territory, be read as a reference to the Registry or Registrar in the State of New South Wales.
References to forms.
6.—(1.) Any reference in these Regulations to a form shall be read as a reference to a form in the First Schedule to these Regulations.
(2.) Strict compliance with any form shall not be necessary and substantial compliance shall be sufficient.
PART II—PROCEDURE OF CONCILIATION COMMISSIONERS.
Division 1.—General.
Award or order to be signed.
7.—(1.) Every determination, decision, finding or direction made by a Conciliation Commissioner in or for the purpose of the prevention or settlement of an industrial dispute shall be forthwith reduced to writing and embodied by the Conciliation Commissioner making the
determination, decision, finding or direction in an order or award, and that order or award shall bear the date of the making thereof and shall be signed by the Conciliation Commissioner.
(2.) If a Conciliation Commissioner dies, or if a Conciliation Commissioner ceases to be a Conciliation Commissioner, after a determination, decision, finding or direction has been made by him and the order or award has not been reduced to writing or has not been signed by him, an order or award, recording the determination, decision, finding or direction so made, signed by the. Registrar, and stamped with the stamp of the Conciliation Commissioners, shall have effect as if the order or award had been signed by the Conciliation Commissioner.
Division Div 5 - Conciliation and Arbitration Regulations - Execution and Attachment (Regulations 96-105). | Zoe
Order or award to be retained by Registrar.
The original of every order or award made by a Conciliation Commissioner shall be retained by the Registrar with all other documents relating to the proceeding in which the order or award was made.
Stamp of Conciliation Commissioners.
9.—(1.) There shall be a stamp bearing the words " Commonwealth Conciliation and Arbitration Act—Conciliation Commissioners ".
(2.) The stamp shall be in the control of the Registrar and shall be affixed by him to orders and awards made by a Conciliation Commissioner.
Service to be effected by parties.
Except as otherwise prescribed, or unless a Conciliation Commissioner otherwise directs, parties shall effect service of all documents.
Directions as to service.
Where personal or other service of any document is required by the Act or these Regulations or otherwise, and it appears to a Conciliation Commissioner that prompt service cannot be effected, the Conciliation Commissioner may make such order for substituted or
other service, or for the substitution for the service otherwise required of notice by letter, telegram, public advertisement or otherwise, as he thinks just.
Withdrawal of proceeding.
A proceeding before a Conciliation Commissioner may be withdrawn by the party who initiated the proceeding by leave of the Conciliation Commissioner or upon a consent in writing to the withdrawal being signed by each of the parties, filed with the Registrar and approved by the Conciliation Commissioner.
Exhibits.
A person shall not take away, without the permission of the Conciliation Commissioner, any exhibit lodged in connexion with a proceeding before a Conciliation Commissioner.
Amounts allowable for costs.
14.—(1.) Where a Conciliation Commissioner orders any costs to be paid by a person, the Conciliation Commissioner shall, in the order or by a later order, assess the amount of the costs to be paid.
(2.) In assessing the amount of any costs, a Conciliation Commissioner shall have regard to the provisions of the Second Schedule to these Regulations as well as to the provisions, of paragraph (e) of section 40 of the Act.
(3.) An order of a Conciliation Commissioner for the payment of costs may be filed in the Court and shall thereupon have effect in all respects and be enforceable as if it were an order of the Court.
Division 2.—Procedure in Particular Matters.
Notification under section 14 of the ACT.
15.—(1.) A notification to a Conciliation Commissioner or to the Registrar under section 14 of the Act may be given orally, by telegraph or in writing, and no particular form need be used, but the person giving the notification shall state therein the parties to the industrial dispute and the industrial matter the subject of the dispute.
(2.) Any such notification may be in accordance with Form 1.
(3.) Where any such notification is made to the Registrar, he shall forthwith bring it under the notice of the Chief Conciliation Commissioner and of such Conciliation Commissioner as is appropriate having regard to any assignment, allocation or direction made or given wider section 11 or 12 of the Act.
(4.) Where any such notification is given directly to a Conciliation Commissioner, he shall forthwith bring it to the notice of the Chief Conciliation Commissioner and the Registrar.
Application under section 15 of Act
16.—(1.) An application for a conference under section 15 of the Act may be in accordance with Form 2 and shall specify the parties to the industrial dispute and the industrial matter the subject of the dispute.
(2.) Any such application may be made by filing the application in writing with the Registrar, who shall forthwith bring the matter under the notice of the Chief Conciliation Commissioner and of such Conciliation Commissioner as is appropriate having regard to ally assignment, allocation or direction made or given under section 11 or 12 of the Act.
Record of findings under section 14.
17.—(1.) Where—
(a) for the purposes of sub-section (2.) of section 14 of the Act, it appears to a Conciliation Commissioner that an industrial dispute has occurred or is likely to occur, or, in pursuance of sub-section (5.) of that section, a Conciliation Commissioner has ascertained whether or not an industrial dispute exists or is threatened, impending or probable; or
(b) a Conciliation Commissioner has ascertained, in pursuance of either of those sub-sections, the parties to any such industrial dispute and the matters which form the subject of that dispute, he shall make and sign a record of the matters so appearing or ascertained, and the Registrar shall keep that record with any other documents relating to the matter.
(2.) Where, after a Conciliation Commissioner has made any record under this regulation, he is of opinion that that record should be varied by the addition of further parties or otherwise, he shall make and sign a varied record accordingly.
(3.) The record or varied record, or a copy thereof certified by the Registrar to be a true copy, shall be prima facie evidence of the facts mentioned therein as appearing to, or ascertained by, the Conciliation Commissioner.
Notice to parties of hearing of dispute
18.—(1.) Where a Conciliation Commissioner has been unable to settle a dispute by conciliation, that Conciliation Commissioner or another Conciliation Commissioner may, either of his own motion or
upon the application of a party to the dispute, fix a time and place for hearing the parties to the dispute, and persons alleged to be parties, with a view to settlement of the dispute by arbitration.
(2.) Thereupon the Registrar may on behalf of the Conciliation Commissioner, either at the direction of the Conciliation Commissioner or on the application of a party, issue a notice in accordance with Form 3 to any person appearing to be, or alleged to be, a party to the dispute.
(3.) A notice under the last preceding sub-regulation shall be served—
(a) if it is issued on the application of a party—by that party; or
(b) if it is issued at the direction of the Conciliation Commissioner—by the Registrar or any other person there unto authorized by the Registrar.
Procedure on date fixed for hearing.
19.—(1.) On the date fixed for the hearing, the Conciliation Commissioner shall —
(a) after hearing all persons who attend before him as parties, or alleged parties, to the dispute as to the matters mentioned in sub-regulation (1.) of regulation 17 of these Regulations, review his previous conclusions as to those matters and make any necessary alterations to the record of his previous conclusions or, if he has not previously done so, ascertain and record his conclusions on those matters as provided in regulation 17 of these Regulations;
(b) determine whether the whole or any part of the evidence or argument is to be presented in writing;
(c) after giving to the parties appearing before him an opportunity of presenting their -views as to the periods which are reasonably necessary for the fair and adequate presentation of the cases of the parties, determine the periods which are so necessary and inform the parties of their obligation to present their cases within the periods respectively determined; and
(d) proceed to hear the parties and settle the dispute by arbitration.
(2.) If it appears to the Conciliation Commissioner that any person who has not been notified under the last preceding regulation is or may be a party to the dispute, he may adjourn the proceedings for the purpose of enabling a notification in a similar form to be given to that person, requiring that person to appear at the time and place to which the proceedings are adjourned, and shall not make an award expressed to bind any such person unless that person—
(a) has been so notified and has had an opportunity of being heard in relation to the dispute; or
(b) is a party to the dispute and has appeared or has been represented. before the Conciliation Commissioner on the hearing of the dispute.
Reference of certain matters to Court.
Where a Conciliation Commissioner has formed the opinion that—
(a) an industrial dispute has occurred or is likely to occur or is threatened, impending or probable;
(b) the matters which form the subject of the industrial dispute are or include any matter specified in section 13 of the Act; and
(c) the settlement or prevention of the dispute cannot be effected without the making of an order or award altering that matter,
he shall, by writing signed by him and filed with the Registrar, refer so much of the industrial dispute as relates to that matter to the Court.
Reference of questions of law to Court.
21.—(1.) A reference by a Conciliation Commissioner to the Court of a question of law, or a question as to whether he has jurisdiction under the Act in any matter, shall be in writing signed by the Conciliation Commissioner and filed with the Registrar, and shall set out—
(a) full particulars of the matter in relation to which the question has arisen;
(b) any findings of fact made by the Conciliation Commissioner in relation to the matter which may be relevant to the question;
(c) a short statement of the contentions of the parties on the question ;
(d) if relevant to the question, the terms of any order or award made or proposed to be made by the Conciliation Commissioner in the matter; and
(e) a precise statement of the question on which the opinion of the Court is sought,
and shall be accompanied by a copy of the notes (if any) of the evidence and argument before the Conciliation Commissioner relevant to the question.
(2.) Before referring any such question to the Court, a Conciliation Commissioner shall, unless it is impracticable so to do, consult the Chief Conciliation Commissioner as to the terms in which the question is to be so referred.
Application for a common rule.
22.—(1.) An application to a Conciliation Commissioner for a declaration that any term of an order or award shall be a common rule of any industry shall be made by filing with the Registrar a form of application in accordance with Form 4 or, with the consent of the Conciliation Commissioner, by oral application to him.
(2.) Forthwith upon the making of any such application, the Registrar or Conciliation Commissioner shall bring the matter under the notice of the Chief Conciliation Commissioner.
(3.) When such an application is made the applicant shall apply to a Conciliation Commissioner for directions as to—
(a) the persons (if any) to whom notice, other than the Gazette notice, of the application shall be given;
(b) the times within which that notice is to be served on those persons and the form of the notice;
(c) the publications (if any), other than the Gazette, in which notice of the application shall be published;
(d) the time, manner and form in which the notice in the Gazette and in any such other publication shall be given; and
(e) the time and place for hearing the application.
(4.) The notification to be published in the Gazette and in the other publications (if any), and (with any necessary modifications) the notice of the application directed to be served on any person, shall, subject to any directions of the Conciliation Commissioner, be in accordance with Form 5.
Service and publication.
23.—(1.) The applicant shall, in accordance with the directions given under the last preceding regulation and with these Regulations, serve the notices (if any) directed to be served.
(2.) The Registrar shall, on behalf of the Conciliation Commissioner, cause the notice to be published in the Gazette and the other publications (if any).
Notice or objections, &e., to application for common rule.
Unless a Conciliation Commissioner otherwise directs, a person claiming to be interested in, and desiring to be heard on, an application of the nature mentioned in regulation 22 of these Regulations shall, before the day fixed for the hearing, file with the Registrar a notice in accordance with Form 6 and shall at the same time serve a copy of the notice upon the applicant.
Application for variation or setting aside of award or variation of agreement.
25.—(1.) For the purposes of section 49 of the Act—
(a) an application for the setting aside of an award or any of the terms of an award shall be made by filing with the Registrar a notice in accordance with Form 7;
(b) and an application for variation of the terms of an award shall be made by filing with the Registrar a notice in accordance with Form 8.
(2.) An application to a Conciliation Commissioner under section 104 of the Act for variation of an industrial agreement shall be made by filing with the Registrar a notice in accordance with Form 9.
(3.) Forthwith upon the making of any application referred to in this regulation, the Registrar shall bring the matter under the notice of the Chief Conciliation Commissioner and of such Conciliation Commissioner as is appropriate having regard to any assignment, allocation or direction made or given under section 11 or 12 of the Act.
(4.) When a Conciliation Commissioner has fixed a time and place for hearing the application, the Registrar shall complete the form of notice filed and furnish a copy thereof to the applicant for the purpose of service.
Prescribed time, and services under s. 50.
26.—(1.) The time prescribed for the purposes of paragraph (c) of section 50 of the Act in relation to awards of Conciliation Commissioners shall be fourteen days after the service on the person concerned of the notification referred to in that paragraph.
(2.) A summons or notification for the purposes of paragraph (b) or (c) of section 50 of the Act, in relation to an industrial dispute which is dealt with by a Conciliation Commissioner, may be served or given—
(a) in the manner authorized by regulation 148, 149 or 150 of these Regulations, as the case may require, for the service of documents; or
(b) in accordance with an order made by a Conciliation Commissioner under regulation 11 of these Regulations.
Summons to witness.
27.—(1.) A summons to a witness may be in accordance with Form 10.
(2.) Service shall be effected by serving on the witness a copy of the Summons signed by the Conciliation Commissioner or by the Registrar.
(3.) Any number of witnesses may be included in one summons, but the copy served need contain only the name of the witness upon whom it is served.
Where procedure not prescribed.
Where no procedure is prescribed by the Act or these Regulations in relation to any matter to be dealt with by a Conciliation Commissioner, the Conciliation Commissioner may, in relation to that matter, direct the procedure to be followed.
PART III.—PROCEDURE OF THE COURT.
Division I.—General.
Seal of Court.
29.—(1.) There shall be a seal of the Court, bearing the Royal Arms, with the words " The Seal of the Commonwealth Court of Conciliation and Arbitration, Australia ".
(2.) The seal shall be in the custody of the Industrial Registrar, and shall be affixed by him to orders and awards of the Court, and to such other documents as the Court or a Judge directs.
Stamp of Court.
30.—,(1.) There shall be a stamp of the Court, bearing the words, " The Stamp of the Commonwealth Court of Conciliation and Arbitration, Australia ".
(2.) The stamp of the Court shall be used on all documents issued by the Registrar.
Vacations.
31.—(1.) The vacations and holidays of the Court shall be the same as those of the High Court.
(2.) If the Court or a Judge considers it necessary, Court or Chamber business may be taken during vacation.
High Court practice.
Where none of these Regulations is applicable, the practice for the time being of the High Court of Australia shall, except, in any particular case, where the Court or a Judge otherwise directs, regulate as far as is practicable the practice of the Court.
Jurisdiction of a single.
33.—(1.) For the purposes of section 24 of the Act, the matters of practice or procedure with respect to which the jurisdiction of the Court may be exercised by a single Judge shall be those matters in relation to which these Regulations provide that a power or function may be exercised by a Judge.
(2.) A Judge may exercise the powers and functions of the Court in relation to any matter of practice or procedure—
(a) which, under the High Court Rules, would, if it arose in the High Court, be exercisable by a single Justice of the High Court; or
(b) included in the powers conferred by paragraph (j), (is), (1), (in) or (p) of section 40 of the Act.
Judge may extend prescribed tune.
A Judge may, in relation to any matter before the Court (whether constituted by one judge or by more judges than one) extend any prescribed time, whether or not the prescribed time has already expired.
Form of documents.
35. All documents filed in the Court and all copies thereof shall be on foolscap paper with a quarter margin, written, typewritten or printed on one side only, and having not Jess than two folios nor more than five folios of 72 words on each page, and divided into convenient paragraphs with the number of the paragraph written on the inner edge of the margin.
Documents for use of Court.
36.—(1.) Not less than two days before the date fixed for the hearing of any matter by the Court (except when the jurisdiction of the Court is exercised by a single Judge) every party who has filed any document in the matter shall (if he has not already done so) lodge in the Registry in the State or Territory of the Commonwealth in which the matter is to be heard four copies of each such document.
(2.) A Judge may, on the application of any party, exempt that party from compliance with the requirements of the last 'preceding sub-regulation.
(3.) An application under the last preceding sub-regulation shall be supported by affidavit and may, in the discretion of the Judge, be made ex parte.
Affidavit to accompany documents.
37.—(1.) Except where otherwise provided, every summons and application in the Court shall be supported by an affidavit or affirmation.
(2.) A copy of every affidavit and affirmation filed shall be served on the other parties (if any) with the summons or application to which it relates.
Affidavits.
The provisions of the Rules of the High Court relating to affidavits shall apply, as far as applicable, to all affidavits and affirmations in the Court.
Notice of intention to give oral evidence.
In any proceeding before the Court, other than the hearing of an industrial dispute, in which oral evidence is to be, called, the party intending to call that evidence shall—
(a) indorse an the process notice of his intention to do so; or
(b) not less than two clear days before the hearing, file a notice of that intention, and serve a copy of the notice upon the other party or parties.
Carriage of proceedings.
40.—(1.) The party who initiates proceedings shall have the carriage thereof and of all orders and awards made therein.
(2.) Where the party so entitled to the carriage fails to take any step within the time fixed by these Regulations, or by the Court, a Judge or the Registrar, the Registrar may commit the carriage to any other party to the proceeding.
Registrar to deal with process.
The Registrar shall either personally, or by such officer as he directs acting in his name and in his behalf—
(a) receive and submit to the Court all applications made to the Court;
(b) issue all summonses, warrants and writs;
(c) register all awards, orders and judgments of the Court;
(d) affix the seal of the Court to all orders, awards and other appropriate documents; and
(e) keep a record of the proceedings of the Court.
Transfer of proceedings.
—(1.) Where, in a proceeding before the Court, it is necessary or desirable for the preceeding to be transferred from one Registry to another, the Court or a Judge may direct the transfer of the proceeding and of any necessary documents.
(2.) Upon the giving of such a direction, the Registrar of the Registry from which the proceeding is transferred shall forthwith transmit to the other Registry the documents referred to in the direction. In a case of urgency, in lieu of so transmitting the documents, the Registrar of the former Registry may transmit to the latter Registry, by telegraph, the contents of the documents or a summary thereof.
(3.) Upon any direction under this regulation, the proceeding shall continue in the Registry to which it has been transferred until the Court or a Judge directs the further transfer or re-transfer of the proceeding.
(4.) No fees shall be payable by any party in connexion with any such transfer.
Service to be effected by parties.
Except as otherwise prescribed, or unless the Court or a Judge otherwise directs, parties shall effect service of all documents.
Direction as service.
Where personal or other service of any document is required by the Act or these Regulations or otherwise, and it appears to the Court to or a Judge that prompt service cannot be effected, the Court or the Judge may make such order for substituted or other service, or for the substitution of notice by letter, telegram, public advertisement or otherwise, as it or he thinks just.
Time for service of summons.
Every summons, and every rule to show cause, shall be served at least two clear days before the return day thereof, unless the Court or a Judge gives leave for shorter service.
Exhibits.
46.A person shall not take any exhibits out of court without an order of a Judge.
Settlement by Registrar.
47.—(1.) The Registrar shall, if the Court or a Judge so directs, settle the minutes of an order or award of the Court or a Judge.
(2.) If any party is dissatisfied as to the form in which the minutes have been settled, he may, within two clear days after the settlement thereof, apply to the Court or Judge to vary the minutes as settled.
Appointment to settle order or award.
The Registrar shall give to the parties such notice of his intention to settle an order or award as he thinks proper but may, in any case in which he thinks it expedient so to do, settle and pass any order or award without notice to any party.
Order or award to be signed and sealed
49.—(1.) Every order or award of the Court or a Judge shall be signed by one or more of the members of the Court who took part in the decision, or by the Judge, as the case may be, !and shall also bear the seal of the Court.
(2.) If a Judge dies or ceases to hold office after an order has been made by that Judge and the order has not been signed by him, an order in terms of the order so made signed by the Registrar and sealed with the seal of the Court shall have effect as if the order had been signed by the Judge.
Order or award to retained by Registrar.
The original of every order or award made by the Court or a Judge shall be retained by the Registrar with all other documents relating to the proceeding in which the order or award was made.
Withdrawal of process.
A proceeding before the Court or a Judge may be withdrawn by the party who initiated the proceeding by leave of the Court or Judge, as the case may be, or upon a consent in writing to the withdrawal being signed by each of the parties, filed with the Registrar and approved by the Court or a Judge.
Division 2.—Procedure in Particular Matters.
Dispute within jurisdiction of Court.
52.—(1.) Where, in accordance with regulation 20 of these Regulations, an industrial dispute is referred, in whole or in part, by a Conciliation Commissioner to the Court, or where the Court becomes aware of the existence of an industrial dispute involving any of the matters referred to in section 25 of the Act, the Court or a Judge may, either of its or his own motion or upon the application of a party, fix a time and place for hearing by the Court of the parties to the dispute.
(2.) Thereupon the Registrar may, at the direction of the Court or a Judge or at the request of a party, issue a summons in accordance with Form 11, directed to a party or person alleged to be a party to the dispute.
(3.) A summons under the last preceding sub-regulations shall be served—
(a) if it is issued at the request of a party—by that party; or
(b) if it is issued at the direction of the Court or a Judge—by the Registrar or any person thereunto authorized by the Registrar.
(4.) On the day fixed for the hearing, the Court shall make such preliminary determinations and give such directions as are necessary (including determinations and directions under sub-sections (3.) and (4.) of section 36 of the Act) and may adjourn the proceedings for the purpose of enabling the parties to present their cases in accordance with those directions.
Matters referred to Court by Registrar.
Where, in pursuance of section 30 of the Act, the Registrar refers a matter before him to the Court for decision, the Court or a Judge shall fix a time and place for hearing the matter, and shall give such directions to the Registrar as to it or him seem proper for notifying any parties interested in the matter of the time and place so fixed.
Application for suspension or Cancellation of award.
An application under section 33 of the Act shall be by summons in accordance with Form 12, and shall be supported by an affidavit setting out the grounds on which the suspension or cancellation is sought.
Application for a common rule.
55.—(1.) An application to the Court for a declaration that any term of an order or award shall be a common rule in any industry shall be made by filing with the Registrar a notice in accordance with Form 13 or, with the consent of the Court, by application in open court.
(2.) When such an application is made the applicant shall apply to a Judge for directions as to—
(a) the persons (if any) to whom notice, other than the Gazette notice, of the application, shall be given;
(b) the times within which that notice is to be served on those persons and the form of the notice;
(c) the publications (if any), other than the Gazette, in which notice of the application shall be published;
(d) the time, manner and form in which the notice in the Gazette and in any such other publication shall be given; and
(e) the time and place for hearing the application.
(3.) The notification to be published in the Gazette and in the other publications (if any), and (with any necessary modifications) the notice of the application directed to be served on any person, shall, subject to any directions of the Court or a Judge, be in accordance with Form 14.
Service and publication.
56.—(1.) The applicant shall, in accordance with the directions given under the last preceding regulation and with these Regulations, serve the notices (if any) directed to be served.
(2.) The Registrar shall, on behalf of the Court, cause the notice to be published in the Gazette and the other publications (if any).
Notice of objections &c., to application for common rule.
Unless the Court or a Judge otherwise directs, a person claiming to be interested in, and desiring to be heard on, an application of the nature mentioned in regulation 55 of these Regulations shall, before the day fixed for the hearing, file with the Registrar a notice in accordance with Form 15, and shall at the same time serve a copy of the notice upon the applicant.
Setting aside and variation of awards.
58.For the purposes of section 49 of the Act, an application for the setting aside or variation of the terms of an award shall be by summons in accordance with Form 16 or 17, as the case requires, and shall be supported by an affidavit setting out the grounds on which the setting aside or variation is sought.
Prescribed time, an service, under s. 50.
59.—(1.) The time prescribed for the purposes of paragraph (c) of section 50 of the Act in relation to awards of the Court shall be fourteen days after service on the person concerned of the notification referred to in that paragraph.
(2.) A summons or notification for the purposes of paragraph (b) or (c) of section 50 of the Act, in relation to an industrial dispute which is dealt with by the Court, may be served or given—
(a) in the manner authorized by regulation 148, 149 or 150 of these Regulations, as the case may require, for the service of documents; or
(b) in accordance with an order made by the Court or a Judge under regulation 44 of these Regulations.
Proceeding for penalty or offence.
60.—(1.) Every application for the recovery of a penalty for any breach or non-observance of an order or award shall be by summons in accordance with Form 18.
(2.) Proceedings before the Court in respect of an offence against the Act (including these Regulations) shall be instituted by summons in accordance with Form 19.
(3.) The affidavit or affirmation in support of a summons under the last preceding sub-section shall charge the defendant with the offence alleged.
Adoption of rules.
— (1.) An application to a Judge under section 71 of the Act shall be in accordance with Form 20.
(2.) Where power to adopt rules has been given under section 71 of the Act, the Judge may fix a time within which the rules shall be adopted.
(3.) Every association which has adopted rules in pursuance of power granted by a Judge shall, within fourteen days after their adoption, lodge with the. Registrar three copies of the rules so adopted, verified by statutory declaration, together with a copy of the Judge's order.
Recovery of contribution.
An application under section 88 of the Act shall be by summons in accordance with Form 21, but it shall not be necessary to support the summons by affidavit.
Procedure under ss. 29 (b) and (c), 80, 81, 83 (1.) and 89.
63.—(1.) Proceedings under paragraph (b) or (c) of section 29, under section 80 or 81, or under sub-section (1.) of section 83, or under section 89, of the Act shall be by rule in accordance with Form 22 calling upon the person or organization concerned to show cause why the order should not be made.
(2.) An application for a rule specified in the last preceding subregulation may be made to the Court or a Judge ex parte upon the filing of an affidavit verifying the facts upon which the application is based.
(3). The affidavit in support of an application under section 80 of the Act shall set forth—
(a) the rule or rules sought to be disallowed;
(b) the ground specified in that section upon which the application is founded; and
(c) a short statement of the reasons relied on by the applicant.
(4.) The affidavit in support of a complaint under section 81 of the Act shall set Forth-
(a) the rule or rules the performance or observance. of which is in question;
(b) the nature of the order sought; and
(c) a short statement of the grounds relied on by the applicant, including the facts relied on by the applicant as establishing the obligation of the person against whom the order is sought to perform or observe the rule or rules in question.
General method of procedure.
All applications to the Court or a Judge for which no other method of procedure is provided by these Regulations shall, unless otherwise directed by a Judge, be made by summons in accordance with Form 23.
Summons to witness.
65.—(1.) A summons to a witness shall be in accordance with a form approved by the Registrar.
(2.) Service shall be effected by serving on the witness a copy of the summons signed by the Registrar and stamped with the stamp of the Court.
(3.) Any number of witnesses may be included in one summons, but the copy served need contain only the name of the witness upon whom it is served.
Where form not prescribed.
Where a form is not prescribed for any document, or where a prescribed form is not suitable to the circumstances of a particular case, the form shall be such as the Court or a Judge directs or approves for the purposes of a particular case.
Division 3.—Appeals.
SUB-DIVISION A.—APPEALS FROM ACTS OR DECISION OF REGISTRAR.
Appeals from Registrar.
67.—(1.) An application under paragraph (e) of section 29 of the Act for leave to appeal to the Court shall be made within twenty-one days after the act or decision sought to be appealed against by—
(a) lodging with the Registrar from whose act or decision the appeal is sought to be brought an application in accordance with Form 24; and
(b) serving a copy of the application on all parties directly affected by the act or decision.
(2.) The Court shall fix a time and place for the hearing of the application and the Registrar shall give notice thereof to the appellant and to the other parties directly affected by the act or decision.
(3.) The Registrar may, if the Court thinks fit, be heard on the application for leave to appeal.
(4.) If leave to appeal is granted by the Court, the appeal shall be instituted within fourteen days after the granting of leave.
(5.) The appeal shall be instituted by—
(a) lodging with the Registrar from whose act or decision the appeal is brought a notice in accordance with Form 25; and
(b) serving a copy of the notice on all parties directly affected by the act or decision.
(6.) The Court shall fix a time and place for the hearing of the appeal and the Registrar shall give notice thereof to the appellant and to the other parties directly affected by the act or decision.
(7.) The Registrar may, if the Court thinks fit, be heard on the hearing of the appeal.
(8.) The Court's order on the appeal shall be lodged with the Registrar whose decision has been appealed against, and that Registrar shall do all things necessary to be done on his part to carry the order into effect.
SUB-DIVISION B.—APPEALS UNDER THE RE-ESTABLISHMENT AND EMPLOYMENT ACT 1945.
References to the Court.
In this Sub-division, "the Court" means a single Judge exercising the jurisdiction of the Court.
Application for special leave to appeal
69.—(1.) An application under section 29 of the Re-establishment and Employment Act 1945 for special leave to appeal shall be made in court before a single Judge upon a day to be fixed by him.
(2.) Before applying to the Court, the applicant shall file in the Registry of the Court in the State or Territory of the Commonwealth in which the order in question was made an affidavit in accordance with Form 26 setting forth the relevant facts and the grounds relied upon in support of the application.
(3.) A copy of that order and of the depositions, written transcript or official notes of evidence, if any, in the Court against whose order it is desired to appeal shall be exhibited to the affidavit.
(4.) When any such affidavit is filed in a District Registry, the Deputy Registrar shall forthwith advise the Industrial Registrar of the filing of the affidavit and the nature of the proceedings.
(5.) Where the evidence given in the court from which the appeal is brought is material for the purposes of the appeal and no depositions, written transcript or official notes of that evidence are available, the affidavit shall set forth an account of the evidence given in that court, but that affidavit may be answered on affidavit by any respondent.
(6.) Any such answering affidavit shall be filed with the Registrar within ten days after service of the notice of appeal, or of notice of the appeal, on the respondent filing the affidavit or within ten days after service on him of notice of the setting down of the appeal, whichever is the later.
Hearing of application.
70.—(1.) Upon the filing of the affidavit, the Court shall fix a date for the hearing of the application.
(2.) The Court may decide to hear the application either ex parte or upon notice to the respondent, and the applicant shall be advised accordingly.
(3.) If the application is to be heard upon notice, a copy of the affidavit and exhibits referred to in the last preceding regulation shall, not less than two clear days or such longer period as the Judge directs before the date fixed for hearing, be served by the applicant upon the respondent, together with notice in accordance with Form 27 of the date upon which the application will be heard.
Hearing of the appeal.
71.—(1.) When the Court grants special leave to appeal, it may—
(a) if the case is one in which notice of the application for leave was given to the respondent—proceed to hear the appeal forthwith; or
(b) in any case—fix a date for hearing the appeal and give such directions as it considers necessary.
(2.) Where the Court fixes a date for hearing the appeal, the applicant shall give notice to the respondent in accordance with Form 28.
Powers of Court
72.—(1.) The Court shall have full discretionary power to receive further evidence upon questions of fact, which evidence may be taken either by oral examination in Court, by affidavit, or by deposition taken before an examiner or commissioner.
(2.) The Court, upon the hearing of an appeal, shall have power to draw inferences of fact, and to give any judgment and make any order which ought to have been given or made in the first instance, and to make such further or other order as the case requires.
(3.) The powers specified by the last preceding sub-regulation may be exercised by the Court notwithstanding that the appellant asks that part only of the decision may be reversed or varied, and may be exercised in favour of all or any of the respondents or parties, including respondents or parties who have not appealed from or complained of the decision.
SUB-DIVISION C.—APPEALS FROM COURTS GENERALLY.
Certain appeals not affected
This Sub-division shall not apply to any appeal to which Subdivision B of this Division applies.
Mode of instituting appeals.
74.— (1.) An appeal to the Court from a judgment or order of any other Court shall be instituted by notice of appeal.
(2.) The appellant may, by the notice of appeal, appeal from the whole or any part of the judgment or order, and the notice of appeal shall state whether the whole or part only of the judgment or order is complained of, and in the latter case shall specify the part complained of.
(3.) The notice of appeal shall state shortly the grounds on which the appellant intends to rely.
Place for hearing appeals.
Unless otherwise directed by the Court or a Judge, an appeal shall be heard at the Capital City of the State, or the principal city or town of the Territory, from a court of which the appeal is brought.
To whom notice to be given.
76.—(1.) The notice of appeal shall be served upon all parties directly affected by the appeal.
(2.) It shall not be necessary to serve parties not so affected, but the Court may direct notice of the appeal to be served on all or any parties to the cause or matter, or upon any person not a party, and in the meantime may postpone or adjourn the hearing of the appeal upon such terms as are just, and may give such judgment and make such order as might have been given or made if the persons served with such notice had been originally parties. A person on whom notice of an appeal is so directed to be served shall, for the purposes of this Subdivision, be deemed to be a respondent.
(3.) Any notice of appeal may be amended at any time as the Court thinks fit.
(4.) The appellant shall, before setting down the appeal, file an affidavit of service in the Registry of the Court in the State or Territory of the Commonwealth in which the decision appealed from was given.
Time.
The notice of appeal shall be served within twenty-one days after the date on which the judgment or order appealed from was pronounced.
Title for appeals.
A notice of appeal and all subsequent proceedings on appeals shall be entitled " In the Commonwealth Court of Conciliation and Arbitration, on appeal from" (naming the court from which the appeal is brought) and shall also be entitled as between the party appellant and the party respondent.
Notice to Registrar.
The appellant shall, within the time prescribed for serving the notice of appeal, file a copy of the notice of appeal in the court from which the appeal is brought and also in the Registry of the Court in the State or Territory of the Commonwealth in which the decision appealed from was given.
Appealable nature of judgement to be shown by affidavit
80.—(1.) The appellant shall file with the copy of the notice of appeal filed in the court from which the appeal is brought an affidavit setting out sufficient facts to show that the judgment or order is one from which an appeal lies to the Court, and shall file a copy of the affidavit with the copy of the notice of appeal in the Registry of the Court.
(2.) Where the evidence given in the court from which the appeal is brought is material for the purposes of the appeal and no depositions, written transcript or official notes of that evidence are available, the affidavit shall set forth an account of the evidence given in that court, but that affidavit may be answered on affidavit by any respondent.
(3.) Any such answering affidavit shall be filed with the Registrar within ten days after service of the notice of appeal, or of notice of the appeal, on the respondent filing the affidavit or within ten days after service on him of notice of the setting down of the appeal, whichever is the later.
(4.) Where notice of appeal to the Court is given in any case in which an appeal cannot be brought to the Court, the Court or a Judge may set aside the notice.