7B Prescribed time — subsection 466 (5) of the Act
(1) For the purposes of subsection 466 (5) of the Act, the prescribed time is the period of 21 days after the day on which the Registrar has exercised any of the powers of the Court pursuant to subsection 466 (1) of the Act.
(2) Where a party to a proceeding referred to in subsection 466 (5) of the Act has not applied to the Court to review the exercise of a power of the Court under subsection 466 (1) of the Act within the time prescribed under subrule (1), further time for making such an application may be allowed by the Court or a Judge upon such terms as the Court or a Judge thinks fit.
(3) The Court or a Judge may allow further time for making an application referred to in subrule (2) whether or not, when a decision to allow that further time is made, the prescribed time referred to in subrule (1) has expired.
(4) In this Rule, Registrar has the same meaning as in subsection 466 (8) of the Act.
8 Temporary venue
(1) When any party to any proceeding desires to make an application therein to the Court or a Judge, and no Judge of the Court is available there to take the application, the party may lodge with the Registrar at the proper place a request that the application be heard and disposed of at another place.
(2) Where a party makes a request under subrule (1), the Registrar at the proper place shall thereupon transmit the request to the Registrar at such other place (in this rule referred to as the ‘temporary venue’) as that Registrar may determine together with such documents as are necessary for the purpose of hearing and disposing of the application.
(3) The application may then be heard and disposed of at that temporary venue and, as soon as it has been disposed of, all documents relating to it shall be re-transmitted to the Registry at the proper place.
(4) In any of the cases mentioned in this rule, if the application is to be made upon notice to any person, the notice shall specify that the application will be made before the Court or a Judge at the temporary venue on a day on which it is fixed to be heard.
9 Transmission of documents
(1) In any such case as is mentioned in rule 8, any party desiring to make an immediate application to the Court or a Judge may, instead of requesting that the application be heard and disposed of at another place require the Registrar at the proper place to transmit by telegraph to the Registry at another place the contents of all such documents filed in the Registry at the proper place as are necessary for the purpose of hearing and disposing of the application, and the Registrar at the proper place shall, on payment by such party of the expense of transmission, transmit them accordingly to such other place (in this rule referred to as the ‘temporary venue’) as that Registrar may determine.
Section 7B - Industrial Relations Court Rules - Prescribed time — subsection 466 (5) of the Act | Zoe
(2) The copy so received by telegraph shall be filed in the Registry at the temporary venue and shall be receivable in evidence for the purpose of the application to the same extent as the original documents would be admissible.
(3) If the application is to be made upon notice to any person, the notice shall state that the documents will be transmitted by telegraph to the Registry at the temporary venue.
(4) If any person to whom notice is given under subrule (3) requires any other documents to be transmitted by telegraph to the Registry at the temporary venue, they shall be transmitted accordingly and shall be receivable in evidence in like manner.
(5) Evidence of service of the notice may also be so transmitted.
10 Transmission of order
When in any of the cases mentioned in rules 8 and 9 an order has been made by the Court or a Judge at a temporary venue, the Registrar at the temporary venue shall at the request and expense of either party and without payment of any further fee inform the Registrar at the proper place by telegraph of the effect of the order, and thereupon and without waiting for the receipt of the order, full effect shall be given to the order.
11 Summary of order
In any of the cases aforesaid a Registrar may, by consent of the parties, instead of transmitting by telegraph the full contents of any document transmit a summary thereof certified by the Registrar to be complete and correct, and the summary may be received and acted upon by the Court or Judge as if it were a copy of the original document.
12 Facsimile
Documents transmitted by use of facsimile transmitting equipment shall be deemed documents transmitted by telegraph for the purposes of this Order.
Order 47 Sheriff
bill means bill of fees of the Sheriff.
fees includes charges and poundage.
person interested in relation to the fees of the Sheriff in respect of the service or execution of any process, means:
(a) a party who lodges the process with the Sheriff for service or execution;
(b) a solicitor or authorised representative who gives an undertaking to pay the fees or is otherwise liable to pay the fees; or
(c) in the case of a writ of execution authorising the Sheriff to levy the fees on any property, the person upon whose property the levy is authorised.
2 Suspension of execution
(1) The Sheriff shall not suspend the execution of any process, except upon an absolute instruction in writing to that effect lodged with him or her by the party by whom the process is lodged.
(2) A party who has lodged an instruction to suspend the execution of any process may withdraw the instruction by lodging with the Sheriff an instruction to execute the process.
3 Default
Where the Sheriff defaults by not executing any process according to its tenor, application may be made for an order directing him or her to execute the same.
4 Execution: motion for directions
The Sheriff may move the Court or a Judge ex parte or on notice for directions as to whether process should be executed, and the manner in which execution should be made.
Division 2 Fees
5 Security
(1) Where a party to any proceeding lodges any process with the Sheriff for service or execution, the Sheriff may, upon lodgment and from time to time after lodgment:
(a) require the party to deposit money in a specified amount to be applied in or towards satisfaction of Sheriff’s fees; or
(b) as to the whole or any part of the fees, take an undertaking by the party’s solicitor or authorised representative to pay them instead of requiring a deposit.
(2) Where a party required to make a deposit under subrule (1) objects to the amount specified by the Sheriff, the Court, on motion by the party, may, by order, fix the amount to be deposited.
(3) The Sheriff may defer service or execution of any process until a deposit is made or an undertaking is given in accordance with this rule.
(4) Where it appears that the amount deposited under this rule exceeds the fees of the Sheriff, the Sheriff shall repay the excess to the party depositing the money or to the party’s solicitor or authorised representative.
6 Liability of solicitor
Where a party, by a solicitor or authorised representative, lodges with the Sheriff any process for service or execution the solicitor or authorised representative shall be liable for the fees of the Sheriff, whether or not the solicitor or authorised representative has given an undertaking pursuant to paragraph 5 (1) (b).
7 Bill
(1) The Sheriff shall, on the request of a person interested, furnish him with a bill.
(2) The Sheriff may serve a bill on any person interested.
8 Taxation
(1) Subject to subrule (2), the Court may, on motion by a person interested, order that fees be taxed.
(2) Where the Court orders that fees be taxed, an application to proceed with the taxation shall be made by the Sheriff to a taxing officer by motion in the proceeding.
9 Determination
(1) Where a bill is served on or furnished to a person interested by the Sheriff, the amount of fees shown in the Bill shall, unless the Court otherwise orders, be binding as between the Sheriff and the person interested unless the person interested obtains an order for taxation under rule 8.
(2) Where the fees are taxed pursuant to an application by a person interested under rule 8, the amount fixed on taxation shall, subject to any alteration on reconsideration review or appeal, be binding as between the Sheriff and the person interested.
10 Default by solicitor
Where in any proceeding a solicitor has given an undertaking to pay, or is otherwise liable to pay, any fees of the Sheriff, and the solicitor does not pay the fees within 7 days after the amount has become binding under rule 9 as between the solicitor and the Sheriff, the Court may, on motion in the proceeding by the Sheriff, order the solicitor to pay the fees to the Sheriff.
Order 48 Inquiries under the Act 1988
In this order:
ballot means a ballot referred to in Division 7 of Part IX of the Act.
inquiry means an inquiry into the election for an office in an organisation or in a branch of an organisation, under section 218 of the Act or an inquiry into a ballot, under section 253M of the Act.
2 Commencement of a proceeding
(1) An application under section 218 of the Act for an inquiry into an election must be in accordance with the form prescribed by regulation 62 of the Industrial Relations Regulations and must be accompanied by a statutory declaration made by the applicant verifying the facts set out in the application.
(2) An application under section 253M of the Act for an inquiry into a ballot must be in accordance with the form prescribed by regulation 98 of the Industrial Relations Regulations and must be accompanied by a statutory declaration verifying the facts set out in the application.
(3) Upon the receipt of the application and the statutory declaration referred to in subrules (1) or (2), as the case may be, the District Registrar must:
(a) sign and seal the application with the seal of the Court; and
(b) forward a sealed copy of the application and the statutory declaration to the applicant with a note endorsed on the application of:
(i) the time and place on which the matter is listed for a directions hearing; and
(ii) the names and addresses of the persons (if any) to whom the Court or a Judge has directed that advice of the application be given.
3 Service
(1) Not later than two days before the date appointed for a directions hearing, the applicant must serve a sealed copy of the application and the statutory declaration on all other proper parties in the inquiry.
(2) The copy of the application for service under subrule (1) must bear a note:
(a) of the time and place for a directions hearing; and
(b) that if there is no appearance by the party served or his or her counsel or solicitor or authorised representative at the directions hearing, the proceeding may be heard and orders made in his or her absence.
4 Directions
At the directions hearing the Court shall give such directions as are required to be given by section 219 of the Act or regulation 98A of the Industrial Relations Regulations (as the case may be), and all other directions necessary for the further conduct of the inquiry.
5 Court directions to issue subpoenas
(1) Where the Court is conducting an inquiry and is of the opinion that the inquiry will be assisted by production of any document or thing or the calling of a witness the Court may direct the Registrar to issue subpoenas for production or attendance.
(2) The Registrar must arrange for service of such subpoenas and the payment of attendance money and witnesses’ expenses in connection therewith.
6 Application under section 221 of the Act
Where an inquiry has been instituted any person may make an application under section 221 of the Act or regulation 97 of the Industrial Relations Regulations (as the case may be) ex parte or on notice as the Court or a Judge may direct.
Order 49 Proceedings for an offence
1 Prosecutions
(1) A prosecution for an offence is commenced by summons upon information.
(2) The person bringing the prosecution is called a prosecutor, and the person against whom the prosecution is brought is called a defendant.
2 Form of summons, Forms 51, 52
(1) A summons must:
(a) state the offence with which the defendant is charged; and
(b) give particulars of the act or omission of the defendant to which the prosecution relates.
(2) A summons and an information must be in accordance with Forms 51 and 52 respectively.
3 Summons in paragraphs
(1) A summons must not be prolix and must be divided into paragraphs numbered consecutively.
(2) So far as convenient, each paragraph must deal only with one matter.
4 Appointment of date
(1) The summons must appoint a date on which the defendant is to appear before the Court to answer the charge.
(2) Except where the defendant enters a plea of guilty or the Court otherwise orders, on the day appointed under subrule (1), the charge shall not be heard, but the Court shall:
(a) give any necessary directions as to the conduct of the prosecution and defence; and
(b) fix a date for hearing or further directions.
Form 48
(3) If the defendant does not appear on the date appointed pursuant to subrule (1), the Court may issue a warrant for the defendant’s arrest.
(4) The warrant shall be in accordance with Form 48.
5 Affidavits as to fine or penalty
(1) Unless the Court otherwise directs, where the Court is empowered to impose a fine or penalty under any Act, the prosecutor must, and the defendant may, file such affidavit evidence as each considers necessary having regard to the terms of the relevant Act to assist the Court to determine the appropriate fine or penalty.
(2) The provisions of Order 14 relating to affidavits including requirement for cross-examination apply in relation to affidavits filed in accordance with subrule (1).
(3) This rule applies in a case where there has been a plea of guilty or where after a finding of guilty the matter has been adjourned to enable evidence as to the appropriate fine or penalty or where the defendant proposes to plead guilty or not to deny the charge alleged in the summons and has so advised the prosecutor at the directions hearing or within the time then appointed.
Order 50 Case stated and questions reserved
(1) A case stated, or a question referred for the consideration of the Court:
(a) under section 46, section 82, paragraph 416 (1) (a), subsection 423 (5) or section 424 of the Act;
(b) under any other Act;
must be in the form of a special case.
(2) The special case must:
(a) be divided into paragraphs numbered consecutively;
(b) state concisely such facts; and
(c) annex such documents as are necessary to enable the Court to decide the questions raised by the special case.
(3) The Court may draw from the facts stated and the documents annexed in the special case any inference, whether of fact or law, which might have been drawn from them if proved at a trial.
2 Special case to be prepared etc
Unless the person or body stating the case or referring the question otherwise directs, the special case must be:
(a) prepared in draft by the party having the carriage of the proceeding after consultation with the other parties concerned and shall contain an address for service of each of the parties concerned;
(b) settled by the person or body, stating the case or referring the question; and
(c) transmitted by that person or body with four additional copies, to the Registry at the proper place.
3 Setting down for hearing
Where a case has been stated or a question referred, the Registrar must:
(a) set down the proceeding for hearing; and
(b) notify each party of the date appointed for hearing.
4 Question referred under section 82 of the Act
Where a question is referred to the Court by the Industrial Registrar pursuant to section 82 of the Act, the District Registrar of the Court must:
(a) set down the proceeding for a directions hearing; and
(b) notify the parties interested in the question and the Industrial Registrar of the date so appointed.
Order 51 Judiciary Act 1903 — section 78B
1 Notice of a constitutional matter — Form 53
(1) Where a proceeding pending in the Court involves a matter arising under the Constitution or involving its interpretation, within the meaning of section 78B of the Judiciary Act 1903, the party whose case raises the matter must file a notice of a constitutional matter in the Registry at the proper place.
(2) Notice of a constitutional matter must state:
(a) specifically the nature of the matter; and
(b) the facts showing that the matter is one to which subrule (1) applies.
(3) The notice of a constitutional matter must be in accordance with Form 53.
2 Notices of a constitutional matter
The party whose case raises the constitutional matter, or such other party as the Court may direct, must file notice of a constitutional matter and serve a copy thereof on every other party and on the Attorney-General of the Commonwealth and of each State and Territory:
(a) if the matter arises before the directions hearing — not later than 2 days before the date of the directions hearing;
(b) if the matter arises at the directions hearing — within such time as the Court or a Judge directs; or
(c) otherwise if the matter arises before the date fixed for trial — not later than 10 days before that date.
3 Affidavit of service
The party whose case raises the constitutional matter must file an affidavit of service of the notice of a constitutional matter proving compliance with paragraph 2 (a), (b) or (c) not later than the day before:
(a) the date appointed for the directions hearing; or
(b) the date ordered by the Court or a Judge at the directions hearing; or
(c) the date fixed for trial.
Order 51A Matters remitted by the High Court of Australia
1 Remittal of matters by High Court to the Court
(1) A sealed copy of the order of the High Court, remitting a matter, or any part of a matter, to the Court must be filed in the District Registry named in the order of remittal.
(2) In the absence of a specification of a District Registry of the Court in a matter or part of a matter in the order referred to in subrule (1), the Chief Justice may direct that the order shall be filed in a particular District Registry.
2 Filing and service
(1) The Registrar shall affix a notice to the High Court’s order which shall be allotted a serial number as though the order was an application filed in the Registry.
(2) The notice must bear the date for a directions hearing in the matter.
(3) The notice must bear a note that before taking any step in the proceeding a party, other than the applicant, must enter an appearance in the Registry unless that party has already entered an appearance in the High Court.
(4) The notice must be in accordance with Form 53A.
(5) The Registrar must cause sealed copies of the notice with copies of the High Court’s order attached thereto to be served on all parties to the proceeding in the High Court and on any other person whom the Court or a Judge directs should be so served.
(6) Service may be effected by delivery to a party’s address for service in the proceeding before the High Court.
The Court may give any directions necessary for the further conduct of the proceeding having regard to the provisions of Order 10.
4 Directions of High Court
Rules 1 to 3 of this Order apply subject to any direction of the High Court in the matter.
Order 51B Mandamus, prohibition, injunction against an officer of the Commonwealth holding office under the Industrial Relations Act 1988 or the Coal Industry Act 1946
Judiciary Act 1903; section 44
Industrial Relations Act 1988; subsections 412 (2) and (3)
Subject to this Order, the Rules of Court prescribe the practice and procedure of an application for a writ of mandamus, prohibition or injunction, remitted to the Court under section 44 of the Judiciary Act 1903, and sought against an officer of the Commonwealth holding Office under the Industrial Relations Act 1988 or the Coal Industry Act 1946.
2 Form of Application
(1) An application must be in accordance with Form 53A.
(2) The application shall be entitled:
(name of the applicant(s)) Applicant(s)
(name and title of the officer or officers of the Commonwealth holding Office under the Industrial Relations Act 1988 or the Coal Industry Act 1946 against whom the order is sought and the name or names of any other person against whom orders are sought, together with the name of any other respondent party) Respondent(s)
3 Joinder of claims for relief
Any other claim for relief coming within the jurisdiction of the Court and which arises out of or is connected with the same subject matter may be joined in an application under this Order.
Order 52 Appeals
In this Order unless the contrary intention appears:
application means application for leave to appeal, and applicant has a corresponding meaning.
Court means the Court exercising its appellate or related jurisdiction under Part XIV Division 5 of the Act.
judgment means the judgment, decree, order, or sentence of a court or judge under appeal, or in respect of which leave to appeal is sought.
2 Service
Where in this Order service is required of a document it may be effected:
(a) in the case of a notice of appeal or an application for leave to appeal:
(i) by serving a signed and sealed copy of the document personally on the party to be served; or
(ii) by delivering a signed and sealed copy of the document to that party’s address for service in the proceeding in the court appealed from; and
(b) in the case of any other document:
(i) by serving it in the manner prescribed in paragraph (a) above; or
(ii) by serving it in the manner prescribed in Order 7, rule 4 for service of documents which need not be served personally.
Division 1 Leave to appeal
2A Application of division
This Division applies to an application for leave to appeal from a judgment.