IN THE COMMONWEALTH COURT OF CONCILIATION AND ARBITRATION.
I certify that by reason of urgency the following rules should come into immediate operation.
R. E. O’CONNOR,
President.
RULES OF COURT.
As of Tuesday, the 3rd day of October, a.d. 1905.
It is ordered as follows:—
PART I.—PRELIMINARY.
High Court Rules.
Where none of the rules now made is applicable, then the practice for the time being of the High Court of Australia shall, except where the President otherwise directs, regulate as far as is practicable the practice of the Court.
Division into Parts.
These rules are divided into parts, as follows:—
Part
I.—Preliminary.
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II.—Proceedings generally.
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III.—Industrial disputes.
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IV.—Applications other than submissions or references of industrial disputes.
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V.—Service of process.
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VI.—Awards and orders.
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VII.—Execution.
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VIII.—Writ of sequestration.
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IX.—Writ of attachment.
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X.—Witnesses and evidence.
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XI.—Costs.
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XII.—Appeal.
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XIII.—Proceedings before Registrar.
Schedule and Forms.
Interpretation.
In these rules, unless the contrary intention appears, the interpretation of terms shall be the same as the interpretation of, corresponding terms in the Act.
“The Act” means the Commonwealth Conciliation and Arbitration Act 1904.
PART II.—PROCEEDINGS GENERALLY.
Form of Proceedings.
Every proceeding in the Court shall be entitled as in Form 1 hereto.
Where Form not Prescribed.
Where no form of plaint, summons, application, order, or other document or instrument is prescribed in the Act or these rules, or where no adequate form is there prescribed, the form shall be such as the Court, or when the Court is not sitting, the President, shall direct or approve.
Transfer of Proceedings.
6. (1) Any party to a proceeding in the Court may, at any time, apply to the Court or the President for an order that the proceeding be transferred from the Registry in which it is pending to any other Registry, and the Court or President may make an order accordingly.
(2) Thereupon the proceeding and such original documents (if any) as are filed in the Registry in which the proceeding is pending, shall be transmitted by the Registrar of that Registry to the Registry to which the proceeding is ordered to be transferred, and the proceeding shall thenceforth proceed in that Registry in the same manner as if it had been there originally commenced, and may thereafter be again transferred in like manner to any other Registry.
Temporary Transfer.
7. (1) When proceedings are pending in any Registry, and any party desires to make an application therein to the Court or President, but is unable to do so by reason of the President not being present in the place where the Registry is situated, the party may lodge with the Registrar in the State in which proceedings are pending, a request that the proceedings be transferred, for the purpose of the application only, to any other Registry at which the President is present, or the Court is appointed to sit, and the proceedings shall thereupon, without further order, be transferred accordingly.
(2) The Registrar or Deputy-Registrar shall thereupon transmit the request to such other Registry, together with such documents as are necessary for the purpose of the application.
(3) The application may then be heard and disposed of at such other Registry, and as soon as it has been disposed of the proceeding shall, without further order, be retransferred to the Registry at which it was originally pending, and all documents relating to it shall be re-transmitted to that Registry.
(4) No fee shall be payable in respect of any such transfer or re-transfer.
(5) In any of the cases mentioned in this rule, if the application is to be made upon notice to any person, the notice may be given of the application to be made before the Court, or a Justice, at the Registry to which the proceeding is transferred on a day to be fixed by the Registrar of the first mentioned Registry.
Transmission of Documents by Telegraph.
8. (1) In any such case as mentioned in the last preceding rule, any party desiring to make an immediate application to the Court or President may, instead of requesting that the proceeding be transferred to such other Registry, require the Registrar of the Registry in which the proceeding is pending to transmit by telegraph to such other Registry the contents of all such documents filed in the first-mentioned Registry as are necessary for the purpose of the application, and such Registrar shall, on payment by such party of the expense of transmission, transmit them accordingly.
(2) The copy so received by telegraph shall be filed in such other Registry, 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 such other Registry.
(4) If any person to whom notice is given requires any other documents to be transmitted by telegraph to such other Registry, they shall be transmitted and shall be receivable in evidence in like manner.
(5) Evidence of service of the notice may also be so transmitted.
Orders May be Sent by Telegraph.
When in any of the cases mentioned in the two last preceding rules an order has been made by the Court or President at a Registry other than that at which the proceeding is pending, the Registrar of that Registry shall at the request and expense of either party and without payment of any further fee inform the Registrar of the Registry at which the proceeding is pending by telegraph of the effect of the order, and thereupon and without waiting for receipt of the order, full effect shall be given to the order.
Precis of document.
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 him to be complete and correct, and the summary may be received and acted upon by the Court or President as if it were a copy of the original document.
Form of Documents.
All documents filed in the Court and all copies thereof shall be on foolscap paper with a quarter margin, written, type-written or printed on one side only, and having not less than two folios nor more than five folios of 72 words on each page, and divided into convenient paragraphs with the number of the paragraphs generally written on the inner edge of the margin.
Affidavit to Accompany Documents.
12. (1) Except where otherwise expressly provided every summons and application under this Act shall be supported by an affidavit. But the President may, if he thinks fit, dispense with such affidavit. Provided that any person who by the law of a State of part of the Commonwealth in which the affidavit is to be made is entitled to make an affirmation instead of taking an oath, he may instead of making the affidavit herein prescribed, make an affirmation in lieu thereof in the form prescribed by that law.
(2) A copy of every affidavit and affirmation filed shall be forthwith served on the other parties (if any).
Affidavits.
The provisions of order 32 of the Rules in the Schedule to the High Court Procedure Act 1903 shall apply, as far as applicable, to all affidavits in the Court.
Indorsement of Documents.
Every document shall be indorsed with the name and address of the party filing the same, and such address shall be deemed to be the filing address for service of such party.
Representation of Associations, Persons, Unions, Etc.
Except where otherwise expressly provided by these rules, if any summons, application or other document is required by these rules to be taken out, made or signed, or any step is required to be taken by any person, organization, trade union, branch or company, such summons, application or document may be taken out, made or signed, and such step taken on behalf of such person, organization, trade union, branch or company by the following persons—
(a) In the case of any person by such person, or by any other person authorized by him in writing.
(b) In the case of an organization, or in the case of a trade union or branch by the officer or person duly authorized under the rules of such organization, trade union, or branch to represent such organization, trade union, or branch in proceedings in the Court or under the Act, or, in the absence of express provisions in the rules, by the person authorized by resolution of the union or branch to represent such union or branch generally in the Court or under the Act, or in the particular proceeding in which the summons, application, or other document is taken out, made, or signed or such step is taken; or, in the absence of express provisions in the rules or authorization by resolution, by the registered officer of the organization, or secretary of the trade union or branch.
(c) In the case of a company not being an organization, by the officer or person duly authorized under the seal of the company to represent it in the Court or under the Act, or in such proceedings as aforesaid, provided that in all cases the President may direct that such summons, application or document be taken out, made, or signed, or any such step be taken, by such person or body of persons as to the President may seem fit.
Withdrawal of Process.
A submission, reference, or any other application to the Court, or summons may be withdrawn by the claimant or applicant upon a consent in writing to that effect being signed by each of the parties or their representatives, and filed with the Registrar or Deputy-Registrar of the State where such proceedings are pending
Registrar to Deal with Process.
The Registrar or Deputy-Registrar shall either personally, or by such officer as he directs in his name, and in his behalf, receive and submit to the Court all applications made to the Court, issue all summonses, warrants, precepts, and writs, and register all orders and judgments of the Court, affix the seal of the Court, and keep a record of the proceedings of the Court.
Seal of Court.
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.” The seal shall be in the custody of the Industrial Registrar, and shall be affixed by him to awards and orders as hereinafter provided, and to such other documents as the President directs.
Stamp of Court.
There shall be a stamp of the Court, bearing the words, “The Stamp of the Commonwealth Court of Conciliation and Arbitration, Australia.” The stamp of the Court shall be used on all documents issued by the Registrar or any Deputy-Registrar.
Fees.
The fees to be demanded and paid in the Court shall be those set out in the Schedule one hereto.
Sittings of Court.
The Court may cause notice of the time and place at which its sittings will be holden to be published by the Registrar or a Deputy-Registrar in one or more of the daily newspapers published in the State in which such sittings are to be holden, and in any newspaper or newspapers in such other place as the Court may deem fit.
Chamber Business and Vacations.
Business other than the hearing of industrial disputes shall be taken at such times and places as the Court or the President may, by notice in one or more of the daily papers published in the State in which such business is to be transacted, appoint. The vacations and holidays of the Court shall be those of the High Court of Australia. Provided that if the Court shall deem it necessary, Court or Chamber business may be taken during vacation.
Exhibits.
No party to any proceeding shall be at liberty to take any exhibits out of Court without an order of the President.
Searches.
No person shall be at liberty to search the proceedings in any matter to which he is not a party, or by which he is not bound, without an order of the Registrar or Deputy-Registrar.
PART III.—INDUSTRIAL DISPUTES.
Claims by Organizations.
Application to Registrar for Certificate under Section 22.
25. (1) An application to the Registrar or any Deputy-Registrar for a certificate under section 22 of the Act may be in Form 2 hereto.
(2) The application shall be supported by such evidence as the Registrar or Deputy-Registrar may require.
(3) The certificate of the Registrar or Deputy-Registrar may be in Form 3 hereto.
Form of Plaint.
The submission of an industrial dispute to the Court by an organization shall be by plaint in Form 4 hereto, and shall be filed with the Registrar or Deputy-Registrar of the State in which such submission is made.
Copy Plaint to be Deposited.
Every plaint filed with the Registrar or a Deputy-Registrar shall be accompanied by a copy of such plaint.
Address for Service to be Indorsed.
The claimant organization shall indorse upon the plaint and copy thereof an address for service upon such organization within the State in which such plaint has been filed.
Indorsement by Registrar.
The Registrar or Deputy-Registrar shall indorse upon every original plaint and copy thereof a memorandum in Form 5 hereto, and shall deliver such copy to the claimant for service upon the other party to the dispute, and the claimant shall thereupon serve such copy upon such other party.
Respondent to file Answer.
The respondent shall within the time indorsed on the plaint or application file with the Registrar or Deputy-Registrar of the State in which the proceedings are pending and serve upon the claimant an answer to the claim in such application or plaint in Form 6 hereto as nearly as the circumstances will allow. Provided that the period within which an answer is required to be filed may be extended by the Registrar or such Deputy-Registrar. In any case where an extension is granted without the consent of the claimant, the respondent shall forthwith serve a copy of the order granting such extension upon the claimant who may, if he think fit, move the Court to set aside the order.
Failure to file Answer.
When a respondent has failed to file an answer within the prescribed time or any authorized extension thereof, the claimant may make application to the Court in Form 7 hereto for an award in terms of the claim.
Letting in Respondent to file Answer.
Notwithstanding that a respondent has failed to file an answer within the prescribed time or any authorized extension thereof, the President may let the respondent in to file an answer upon such terms as he may think fit.
Answers by added Respondents.
Where the Court directs other respondents to be joined, each of such respondents shall file an answer to the claimant’s claim with such time as the Court at the time of making the order or the Court or President thereafter directs.
Claims by Parties other than Organizations.
Application to Registrar for Certificate under Section 19 of the Act.
34. (1) An application to the Registrar or a Deputy-Registrar for a certificate under section 19 of the Act may be in Form 8 hereto; and the matters in respect of which the determination of the Court is sought shall be shortly set out in the application.
(2) The application shall be supported by such evidence as the Registrar or Deputy-Registrar may require.
Application to be in duplicate and verified.
Every application under section 19 of the Act shall be verified by affidavit, and shall be accompanied by a copy of such application.
Application to be filed.
Every application under section 19 of the Act, and all documents accompanying the application, shall be filed with the Registrar or Deputy-Registrar of the State in which the application is made.
Indorsement of Application.
The Registrar or Deputy-Registrar, on being satisfied that the dispute, in respect of which such application is made, is one proper to be dealt with by the Court in the public interest, shall indorse on every such application and the copy thereof a memorandum in Form 9 hereto, and shall deliver such copy to the claimant for service upon the other party to the dispute, and the claimant shall thereupon serve such copy together with a copy of all documents filed with such application on such other party.
Subsequent Proceedings.
Upon the filing of the claim together with a certificate of the Registrar or Deputy-Registrar that the industrial dispute is one proper to be dealt with by the Court in the public interest, the matter shall proceed as in the case of a submission by an organization.
Carriage of Proceedings.
The party who initiates proceedings shall have the carriage thereof, and all awards and orders made therein. Where the party so entitled to the carriage fails to take any step within the time limited in that behalf in these rules, or by the Court, President, Registrar, or Deputy-Registrar, the Registrar or Deputy-Registrar may, commit the carriage to any other party to the proceeding.
Issues for Trial.
After the filing by respondent of an answer to the claimant’s claim, the claimant may obtain an appointment from the Registrar or Deputy-Registrar within seven days, or such further time as the Registrar or Deputy-Registrar may allow, to settle the issues to be tried in the dispute.
Form of Issues.
The issues shall be briefly stated in writing in Form 10 hereto, and such issues shall be lodged with the Registrar or Deputy-Registrar of the State in which such proceedings are pending.
Settlement of Issues.
The Registrar or Deputy-Registrar shall settle the issues, but if any question as to the form of the issues be not determined upon such settlement, the same shall be referred to the President by the Registrar or Deputy-Registrar, or by a party, as such Registrar or Deputy-Registrar determines.
Filing of Issues.
The issues as settled shall be filed within three days from the time when the same shall have been settled.
Variation of Issues.
Either party may at any time after the settlement of the issues apply to the Registrar or Deputy-Registrar before whom such issues were settled for leave to vary the same, and the like procedure shall be taken as upon the original settlement of issues.
Amendment of Claim or Answer.
The Registrar or Deputy-Registrar of the State in which the proceedings are pending may, on the application of either party, direct the claimant or respondent to amend his plaint, application, or answer, by supplying further particulars of the matters claimed or disputed, and may adjourn the settlement of issues from time to time.
Hearing.
Order of Hearing.
All references or claims shall be heard and dealt with in the order in which they are filed, unless the President otherwise directs.
PART IV.—APPLICATIONS OTHER THAN SUBMISSIONS OR REFERENCES OF INDUSTRIAL DISPUTES.
General Form.
All applications to the Court or President for which no other method of procedure is provided by these rules shall, unless otherwise directed by the President, be made by summons in Form 11 hereto.
Applications under Section 32.
Every summons under section 32 of the Act shall be in the Form 12 hereto.
Common Rule.
Application for or in reference to a Common Rule or to Extend or Amend Award.
49. (1) When application is made to declare that any practice, regulation, rule, custom, term of agreement, condition of employment, or dealing in relation to any industrial matter shall be a common rule of an industry
or in any, respect to invoke the power of the Court in respect of a common rule, the applicant shall apply to the President for directions as to (a) the persons to whom notice of citation, other than the Gazette notice, of the application, shall be given (b) the times within, which such notice of citation is to be filed and served on such persons; and (c) the time within which any person desiring to oppose such application shall file and serve his notice of objections.
(2) Unless otherwise directed by the President, every such notice of citation shall be in Form 13 hereto.
(3) The applicant shall thereupon serve such notice of citation upon all persons ordered by the President to be served.
(4) The applicant shall also publish such notice in such manner as the President may direct.
Notice of Objections to Common Rule.
Unless the President otherwise directs, every person who desires to oppose any application of the nature mentioned in the last preceding rule shall, before the day fixed for the hearing, file with the Registrar or the Deputy-Registrar in the State in which such person resides, notice of: objections in the Form 14 hereto, and shall at the same time serve a copy of such notice of objections upon the applicant.
Recovery of Contributions.
Applications under section 69 of the Act shall be by summons in Forth 15 hereto, but it shall not be necessary to support such summons by affidavit.
Application under Section 56.
An application to the President under section 56 of the Act may be in Form 16 hereto, and shall be lodged with the Registrar or Deputy-Registrar in the State in which the applicant resides.
Time within which Rules may be Adopted.
Where power to adopt rules has been given under section 56 of the Act, the President may fix a time within which such rules shall be adopted.
Lodging of Adopted Rules.
Every association which has adopted rules in pursuance of power granted by the President shall within fourteen days after their adoption lodge with the Registrar or Deputy-Registrar in the State in which the application was made, three copies of the rules so adopted verified by statutory declaration, together with a copy of the President’s order.
Application for Leave, to Institute Proceedings under Part II. of the Act.
55. (1) An application for leave to institute proceedings for a contravention of Part II. of the Act may be in Form 17, and shall be lodged with the Registrar or Deputy-Registrar in the State in which such application was made.
(2) The application shall be accompanied by a statutory declaration verifying the facts stated therein.
(3) An order granting leave to institute proceedings for a contravention of Part II. of the Act may be in Form 18.
PART V.—SERVICE OF PROCESS.
Service to be effected by Parties.
Parties shall effect service of all documents and proceedings, unless the President otherwise directs, or unless it is otherwise herein provided.
Service upon Persons.
Service of process upon any person shall be effected by leaving such process with such person or by tendering such process to such person, or by leaving such process with any person apparently above the age of fourteen years at the residence or usual place of business of the person intended to be served, or, where such person has filed an address for service, at such address, or by posting such process in a prepaid registered letter addressed to such person at such address.
Service upon Corporations and Organizations.
Service of any process upon any corporation shall be effected by leaving such process with the secretary thereof, or by tendering such process to such secretary, or by posting such process in a prepaid registered letter to such secretary at the registered office of such corporation, or where such corporation has filed an address for service at such address; and service of any process upon an organization shall be effected by leaving such process with the registered officer of such organization, or by tendering such process to such registered officer, or by posting such process in a prepaid registered letter to such registered officer at the address notified to the Registrar or Deputy-Registrar under the Act, or where such organization has filed an address for service at such address.
Service by Marshal, etc.
The Marshal of the Court, or any Deputy-Marshal thereof, or any officer of such Marshal or Deputy-Marshal, shall, when requested by the Registrar or any Deputy-Registrar, serve any process or document required to be served by the Registrar or Deputy-Registrar, and the charge in respect of such service shall be paid in the first instance by the party having the carriage of the matter.
President may Direct Mode of Service.
When personal or other service of any proceeding is required, by these rules or otherwise, and it is made to appear to the President that prompt service cannot be effected, the President may make such order for substituted or other service, or the substitution of notice by letter, telegram, public advertisement, or otherwise, as may seem just.
Time for Service of Summonses.
Every summons to show cause shall be served upon the person, company, association, organization, or branch thereby summoned to appear or notified at least two clear days before the return day thereof, or the day on which it is proposed to move, unless the President gives leave for shorter service.
PART VI.—AWARDS AND ORDERS.
Filing and Settlement.
Lodging and Service of Minutes of Award.
The party who has the carriage of any award in an industrial dispute, or of any award founded on an industrial agreement, or of any award or order declaring any practice, regulation, rule, custom, term of agreement, condition of employment, or dealing in relation to an industrial matter to be a common rule of an industry shall, within ten clear days of the same being pronounced, or within such further time as the Court directs, lodge the minutes in duplicate of the same with the Registrar or Deputy-Registrar of the State in which the award or order was made, and take out an appointment to proceed. Two clear days’ notice of the appointment shall be given to the other party, and a copy of the draft minutes shall be served upon him at the time of the notice.
Settlement by Registrar.
The Registrar or Deputy-Registrar shall settle the minutes of award, provided that if any party be dissatisfied as to the form in which the minutes have been settled, he may, within two clear days of the settlement thereof, apply to the Court or President to vary the minutes as settled.
Registrar may dispense with appointment.
The Registrar or Deputy-Registrar may in any case in which it may be expedient so to do, settle and pass any award or order without making any appointment so to do, or upon an appointment returnable forthwith, or without notice to any party.
Award or Order to be signed and sealed.
Every award and order of the Court or President shall be signed by the President, and every order or award in an industrial dispute, or founded upon an industrial agreement, or declaring any common rule of an industry, shall also bear the seal of the Court.
Award or Order to be retained by Registrar.
The original of every award or order required to bear the seal of the Court shall be filed with the Registrar or Deputy-Registrar of the State in which such award or order was made. No award or order shall be enforced until drawn up and filed with the Registrar or Deputy-Registrar, and no award or order declaring any practice, regulation, rule, custom, term of agreement, condition of employment, or dealing in relation to an industrial matter to be a common rule of an industry, shall be in force, or shall be enforced, until the same has been drawn up and filed with the Registrar or Deputy-Registrar in the State in which such order or award has been made, and until after the expiration of thirty days from the date of its publication in the Gazette as hereinafter provided.
Common Rule—Publication.
Every award or order of the Court declaring that any practice, regulation, rule, custom, term of agreement, condition of employment, or dealing in relation to an industrial matter shall be a common rule of an Industry, shall when signed by the President and filed with the Registrar or a Deputy-Registrar, be published in the Gazette, and in such newspapers as the President directs.
Enforcement of Awards.
Rule to show cause.
Every application to the Court in any proceeding in an industrial dispute for an order under sub-section (d), (e), (f), or (g) of section 38 or under any of the sub-sections of section 40, and every application for a special order under sub-section (1), or (3) of section 60 or under section 70 of the Act, shall be by rule calling upon the parties to such proceeding to show cause why such order should not be made. Provided that nothing in this rule shall affect the procedure hereinafter provided for the recovery of penalties for the breach of any order.
Form of Rule.
The rule granted by the Court under the last preceding rule shall be in Form 19 hereto.
Applications for Enforcement of Award.
Every application by an organization for the enforcement of an order of the Court shall be in Form 20 hereto.
Proceeding for Penalty.
Every application for the recovery of a penalty for any breach of an award, order, or direction of the Court shall be by summons in Form 11 hereto.
PART VII.—EXECUTION.
Issue of Writ.
In any case where an order for the payment of money is made by the Court or the President, the party in whose favour such order has been made may issue execution in Form 21 hereto.
Affidavit of Amount Due.
Before suing out execution the creditor shall file with the Registrar or Deputy-Registrar, of the State in which such execution issued an account or statement of what is justly due to him under the order.
Every such account or statement shall be verified by an affidavit of the creditor, unless otherwise directed by the Registrar or Deputy-Registrar, and shall be filed with the Registrar or Deputy-Registrar before the issue of the writ of execution.
Filing of Order.
No writ of execution shall be issued until the order of the Court or President for or in respect of the enforcement of which execution is sought has been filed, together with a copy of the writ.
Date of Writ.
Every writ of execution shall bear date on the day on which the same is issued, and shall be tested in the name of the President for the time being, and may be made returnable immediately after the execution thereof.
Renewal of Writ.
A writ of execution, if unexecuted, shall remain in force for one year only from its issue, unless renewed in manner hereinafter provided; but such writ may, at any time before its expiration, by leave of the President, be renewed by the party issuing it for one year from the date of such renewal, and so on from time to time during the continuance of the renewed writ, either by being marked with the seal of the Court, bearing the date of such renewal, or by such party giving a written notice of such renewal to the Marshal, signed by the party or his solicitor, and bearing the seal of the Court; and a writ of execution so renewed shall have effect, and be entitled to priority, according to the time of the original delivery thereof.
Indorsement of Writ.
Every writ of execution shall be indorsed with the name and address or registered office of the party actually suing out the same, or of the solicitor of such party, and, when a solicitor sues out the same as agent for any other solicitor, with the name and registered office of such other solicitor.
To whom Writ Directed.
Every writ of execution shall be directed to the Marshal or a Deputy-Marshal or to such other person as may be duly authorized to levy the money really due and payable, and sought to be recovered under the order, stating the amount.
PART VIII.—WRIT OF SEQUESTRATION.
Writ may Issue.
A writ of sequestration may be issued on a special order to be obtained on motion upon an affidavit of the circumstances of the case. It shall not be necessary to serve the person against whom such writ is sought to be issued with notice of the motion unless the President so directs.
PART IX.—WRIT OF ATTACHMENT.
Writ may Issue.
The Court or President, on summons taken out by any person affected by such breach or non-payment as hereinafter mentioned, may order that a writ of attachment do issue:—
(a) Where the Court has granted an injunction against any person under section 38 (e) of the Act, and such person has committed an act in breach of such injunction; or
(b) Where a person fails to pay money ordered by the Court or President to be paid, and the Court or President, as the case may be, is satisfied that he has means to pay such money, or is evading or attempting to evade payment thereof.
Issue of Writ of Attachment.
All writs of attachment ordered by the Court or President to be issued shall be issued forthwith by the Registrar or Deputy-Registrar of the State in which such writ is to issue. Every such writ
shall be in Form 22 hereto, and shall be directed to the Marshal of the Court. The Marshal shall bring before the Court or President any person arrested upon such writ of attachment on the first day on which the Court or President shall sit next after such arrest or as soon afterwards as practicable; and such person shall thereupon be dealt with in such manner as the Court or President thinks fit. Provided that nothing in this rule shall prevent the Sheriff from taking bail for the appearance of the person arrested.
PART X.—WITNESSES AND EVIDENCE.
Witnesses.
A summons to a witness shall be in Form 23 or Form 24 hereto, as the case may require. Service shall be effected by delivering to the witness a copy of such summons, stamped with the stamp of the Court.
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.
Evidence on Summons.
Notice of Intention to give Oral Evidence.
In all proceedings before the Court, other than in industrial disputes, and in which oral evidence is to be called, the party intending to call such evidence shall indorse on the process notice of his intention to do so, or he may, subsequent to the filing of the process, file a notice of such intention, and in such latter case shall serve a copy of such notice upon the other party or parties.
PART XI.—COSTS.
Amounts Allowed.
Where the Court or President orders any costs of any proceedings to be paid to a party thereto, the Court or President may allow to such party (a) the amount of Court fees paid by such party, and (b) the amount of witnesses’ expenses not to exceed the rate in Schedule two hereto, and (c) a further sum, if it thinks fit, in respect of the trouble and loss of time of the party, not to exceed the rate in Schedule two hereto. The Court or President may in its order assess, either wholly or partly, the amount so to be paid.
Taxation of Costs.
85. (1) In all cases in which the Court or President, at the hearing of any cause or matter, orders any party to pay any other party the costs thereof, either party may forthwith obtain an appointment before the Registrar or Deputy-Registrar of the State in which such costs are to be taxed, for the taxation of the bill of costs as between party and party, and such bill may be taxed by the Registrar or Deputy-Registrar without any special order for that purpose.
(2) The party so obtaining the appointment shall give to each party entitled to be heard on the taxation, or his solicitor, such notice of the appointment as the Registrar or Deputy-Registrar shall direct, and shall, at the same time, serve a copy of the bill to be taxed on such party or solicitor.
PART XII.—APPEAL.
Appeal to President from Decision of Registrar.
86. (1) Unless otherwise directed by the President, an appeal under Section 17 of the Act shall be made within twenty-one days after the Act or decision appealed against. The appeal shall be made by notice in Form 23 hereto, and shall be lodged with the Registrar or Deputy-Registrar from whose act or decision the appeal is made, and a copy thereof shall be served by the appellant on the opposite party.
(2) The President shall fix a time and place for the hearing of the appeal and the Registrar or Deputy-Registrar shall give notice thereof to the appellant and to the opposite party.
(3) The Registrar or Deputy-Registrar may, if the President think fit be heard on the hearing of the appeal.
(4) The President’s order on the appeal shall be lodged with the Registrar or Deputy-Registrar in, the State in which the order is made who shall do all things necessary to be done on his part to carry the order into effect.
PART XIII.—PROCEEDINGS BEFORE REGISTRAR.
References to Registrar.
In every case where in pursuance of an order or award of the Court or President a reference or application has been made to the Registrar of Deputy-Registrar for the determination of any matter, such Registrar of Deputy-Registrar shall enter in a book, to be kept exclusively for the purpose, the title of the matter in which the reference or application is made and the date and description of every step taken before him.
Previous Documents may be used.
All affidavits and evidence which have previously been made or taken and read in the Court upon any proceedings in a dispute or matter may be used before the Registrar or a Deputy-Registrar in all references and applications to and proceedings before him.
Order of Registrar.
89. (1) Every order of the Registrar or a Deputy-Registrar shall be signed by him and stamped with the stamp of the Court.
(2) For the purpose of enforcement, and until varied or discharged by the Registrar or a Deputy-Registrar, or by the Court on appeal, every order of the Registrar or Deputy-Registrar shall be deemed to be an order of the Court.
SCHEDULE ONE.
Fees Payable at Registrar’s Office in Respect of Proceedings in the Court.
<table cellspacing="0" cellpadding="0" style="width:100%; margin-bottom:0pt; border-collapse:collapse"><tbody><tr style="height:1pt"><td style="width:86.8%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; text-align:justify; line-height:normal"><span style="font-family:'Times New Roman', serif"></span></p></td><td style="width:6.1%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; text-align:center; line-height:normal"><span style="font-family:'Times New Roman', serif">s.</span></p></td><td style="width:7.1%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; text-align:center; line-height:normal"><span style="font-family:'Times New Roman', serif">d.</span></p></td></tr><tr style="height:1pt"><td style="width:86.8%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; text-indent:21.6pt; text-align:justify; line-height:normal"><span style="font-family:'Times New Roman', serif">Filing any document</span><span style="width:274.35pt; text-indent:0pt; font-family:'Lucida Console', monospace; display:inline-block">.........................................</span></p></td><td style="width:6.1%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; text-align:center; line-height:normal"><span style="font-family:'Times New Roman', serif">1</span></p></td><td style="width:7.1%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; text-align:center; line-height:normal"><span style="font-family:'Times New Roman', serif">0</span></p></td></tr><tr style="height:1pt"><td style="width:86.8%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; text-indent:21.6pt; text-align:justify; line-height:normal"><span style="font-family:'Times New Roman', serif">Search</span><span style="width:335.47pt; text-indent:0pt; font-family:'Lucida Console', monospace; display:inline-block">..................................................</span></p></td><td style="width:6.1%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; text-align:center; line-height:normal"><span style="font-family:'Times New Roman', serif">1</span></p></td><td style="width:7.1%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; text-align:center; line-height:normal"><span style="font-family:'Times New Roman', serif">0</span></p></td></tr><tr style="height:1pt"><td style="width:86.8%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; text-indent:21.6pt; text-align:justify; line-height:normal"><span style="font-family:'Times New Roman', serif">Inspection</span><span style="width:319.58pt; text-indent:0pt; font-family:'Lucida Console', monospace; display:inline-block">................................................</span></p></td><td style="width:6.1%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; text-align:center; line-height:normal"><span style="font-family:'Times New Roman', serif">1</span></p></td><td style="width:7.1%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; text-align:center; line-height:normal"><span style="font-family:'Times New Roman', serif">0</span></p></td></tr><tr style="height:1pt"><td style="width:86.8%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; text-indent:21.6pt; text-align:justify; line-height:normal"><span style="font-family:'Times New Roman', serif">For every office copy, per folio of 72 words</span><span style="width:172.04pt; text-indent:0pt; font-family:'Lucida Console', monospace; display:inline-block">.........................</span></p></td><td style="width:6.1%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; text-align:center; line-height:normal"><span style="font-family:'Times New Roman', serif">0</span></p></td><td style="width:7.1%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; text-align:center; line-height:normal"><span style="font-family:'Times New Roman', serif">3</span></p></td></tr><tr style="height:1pt"><td style="width:86.8%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; text-indent:21.6pt; text-align:justify; line-height:normal"><span style="font-family:'Times New Roman', serif">On every summons or writ issued (including filing fee)</span><span style="width:122.84pt; text-indent:0pt; font-family:'Lucida Console', monospace; display:inline-block">..................</span></p></td><td style="width:6.1%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; text-align:center; line-height:normal"><span style="font-family:'Times New Roman', serif">1</span></p></td><td style="width:7.1%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; text-align:center; line-height:normal"><span style="font-family:'Times New Roman', serif">0</span></p></td></tr><tr style="height:1pt"><td style="width:86.8%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; text-indent:21.6pt; text-align:justify; line-height:normal"><span style="font-family:'Times New Roman', serif">On every order of Court or President (including filing fee)</span><span style="width:109.11pt; text-indent:0pt; font-family:'Lucida Console', monospace; display:inline-block">................</span></p></td><td style="width:6.1%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; text-align:center; line-height:normal"><span style="font-family:'Times New Roman', serif">1</span></p></td><td style="width:7.1%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; text-align:center; line-height:normal"><span style="font-family:'Times New Roman', serif">0</span></p></td></tr><tr style="height:1pt"><td style="width:86.8%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; text-indent:21.6pt; text-align:justify; line-height:normal"><span style="font-family:'Times New Roman', serif">On every order of Registrar (including filing fee)</span><span style="width:149.45pt; text-indent:0pt; font-family:'Lucida Console', monospace; display:inline-block">......................</span></p></td><td style="width:6.1%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; text-align:center; line-height:normal"><span style="font-family:'Times New Roman', serif">1</span></p></td><td style="width:7.1%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; text-align:center; line-height:normal"><span style="font-family:'Times New Roman', serif">0</span></p></td></tr><tr style="height:1pt"><td style="width:86.8%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; text-indent:21.6pt; text-align:justify; line-height:normal"><span style="font-family:'Times New Roman', serif">Affixing seal of Court to any document</span><span style="width:191.88pt; text-indent:0pt; font-family:'Lucida Console', monospace; display:inline-block">............................</span></p></td><td style="width:6.1%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; text-align:center; line-height:normal"><span style="font-family:'Times New Roman', serif">1</span></p></td><td style="width:7.1%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; text-align:center; line-height:normal"><span style="font-family:'Times New Roman', serif">0</span></p></td></tr><tr style="height:1pt"><td style="width:86.8%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; text-indent:21.6pt; text-align:justify; line-height:normal"><span style="font-family:'Times New Roman', serif">Filing every application for certificate under section 19 or section 22</span><span style="width:63pt; text-indent:0pt; font-family:'Lucida Console', monospace; display:inline-block">.........</span></p></td><td style="width:6.1%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; text-align:center; line-height:normal"><span style="font-family:'Times New Roman', serif">1</span></p></td><td style="width:7.1%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; text-align:center; line-height:normal"><span style="font-family:'Times New Roman', serif">0</span></p></td></tr><tr style="height:1pt"><td style="width:86.8%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; text-indent:21.6pt; text-align:justify; line-height:normal"><span style="font-family:'Times New Roman', serif">Filing plaint</span><span style="width:311.31pt; text-indent:0pt; font-family:'Lucida Console', monospace; display:inline-block">..............................................</span></p></td><td style="width:6.1%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; text-align:center; line-height:normal"><span style="font-family:'Times New Roman', serif">1</span></p></td><td style="width:7.1%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; text-align:center; line-height:normal"><span style="font-family:'Times New Roman', serif">0</span></p></td></tr><tr style="height:1pt"><td style="width:86.8%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; text-indent:21.6pt; text-align:justify; line-height:normal"><span style="font-family:'Times New Roman', serif">Filing answer to claim</span><span style="width:266.72pt; text-indent:0pt; font-family:'Lucida Console', monospace; display:inline-block">........................................</span></p></td><td style="width:6.1%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; text-align:center; line-height:normal"><span style="font-family:'Times New Roman', serif">1</span></p></td><td style="width:7.1%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; text-align:center; line-height:normal"><span style="font-family:'Times New Roman', serif">0</span></p></td></tr><tr style="height:1pt"><td style="width:86.8%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; text-indent:21.6pt; text-align:justify; line-height:normal"><span style="font-family:'Times New Roman', serif">Renewing writ of execution</span><span style="width:242.91pt; text-indent:0pt; font-family:'Lucida Console', monospace; display:inline-block">....................................</span></p></td><td style="width:6.1%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; text-align:center; line-height:normal"><span style="font-family:'Times New Roman', serif; font-variant:small-caps">1</span></p></td><td style="width:7.1%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; text-align:center; line-height:normal"><span style="font-family:'Times New Roman', serif">0</span></p></td></tr><tr style="height:1pt"><td style="width:86.8%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; text-indent:21.6pt; text-align:justify; line-height:normal"><span style="font-family:'Times New Roman', serif">For certificate of Registrar</span><span style="width:248.42pt; text-indent:0pt; font-family:'Lucida Console', monospace; display:inline-block">.....................................</span></p></td><td style="width:6.1%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; text-align:center; line-height:normal"><span style="font-family:'Times New Roman', serif; font-variant:small-caps">1</span></p></td><td style="width:7.1%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; text-align:center; line-height:normal"><span style="font-family:'Times New Roman', serif">0</span></p></td></tr><tr style="height:1pt"><td style="width:86.8%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; text-indent:21.6pt; text-align:justify; line-height:normal"><span style="font-family:'Times New Roman', serif">On every appointment before Registrar</span><span style="width:193.13pt; text-indent:0pt; font-family:'Lucida Console', monospace; display:inline-block">.............................</span></p></td><td style="width:6.1%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; text-align:center; line-height:normal"><span style="font-family:'Times New Roman', serif; font-variant:small-caps">1</span></p></td><td style="width:7.1%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; text-align:center; line-height:normal"><span style="font-family:'Times New Roman', serif">0</span></p></td></tr><tr style="height:1pt"><td style="width:86.8%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; text-indent:21.6pt; text-align:justify; line-height:normal"><span style="font-family:'Times New Roman', serif">Taxing costs</span><span style="width:309.49pt; text-indent:0pt; font-family:'Lucida Console', monospace; display:inline-block">..............................................</span></p></td><td style="width:6.1%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; text-align:center; line-height:normal"><span style="font-family:'Times New Roman', serif">5</span></p></td><td style="width:7.1%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; text-align:center; line-height:normal"><span style="font-family:'Times New Roman', serif">0</span></p></td></tr><tr style="height:1pt"><td style="width:86.8%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; text-indent:21.6pt; text-align:justify; line-height:normal"><span style="font-family:'Times New Roman', serif">Service of any document (in addition to mileage where chargeable)</span><span style="width:69.44pt; text-indent:0pt; font-family:'Lucida Console', monospace; display:inline-block">..........</span></p></td><td style="width:6.1%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; text-align:center; line-height:normal"><span style="font-family:'Times New Roman', serif">1</span></p></td><td style="width:7.1%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; text-align:center; line-height:normal"><span style="font-family:'Times New Roman', serif">0</span></p></td></tr><tr style="height:1pt"><td style="width:86.8%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; text-indent:21.6pt; text-align:justify; line-height:normal"><span style="font-family:'Times New Roman', serif">On every rule of Court (including filing fee)</span><span style="width:170.82pt; text-indent:0pt; font-family:'Lucida Console', monospace; display:inline-block">.........................</span></p></td><td style="width:6.1%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; text-align:center; line-height:normal"><span style="font-family:'Times New Roman', serif">1</span></p></td><td style="width:7.1%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; text-align:center; line-height:normal"><span style="font-family:'Times New Roman', serif">0</span></p></td></tr><tr style="height:1pt"><td style="width:86.8%; padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; text-indent:21.6pt; text-align:justify; line-height:normal"><span style="font-family:'Times New Roman', serif">Publication of advertisement</span><span style="width:238.93pt; text-indent:0pt; font-family:'Lucida Console', monospace; display:inline-block">....................................</span></p></td><td colspan="2" style="padding-right:2pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; text-align:justify; line-height:normal"><span style="font-family:'Times New Roman', serif">actual cost</span></p></td></tr></tbody></table>
SCHEDULE TWO.
Costs.
£
s.
d.
For preparing document (including bill of costs) per folio.................
Service of any document (in addition to mileage where chargeable)..........
0
2
0
Attendance of party at Court, per diem, not exceeding...................
1
1
0
Attendance on taxation of bill of costs.............................
0
10
6
Witnesses’ Expenses.
Allowances to Witnesses.
In all cases the allowances to witnesses shall be the same as in the Supreme Court of the State where such witnesses are in attendance. Provided that under special circumstances the President may make such order as to such allowances as may seem fit.
FORMS.
_____
Form 1 (Rule 4).
Title of Proceedings.
In the Commonwealth Court of Conciliation and Arbitration.
* Registry.
In the matter of †
* Here insert the word “Principal” if proceedings taken in Principal Registry. If taken in District Registry, insert name of State in which such District Registry is situate.
† Here state the matter in which the proceedings are taken.
Form 2 (Rule…).
Form of Application to Register for Certificate under Section 22 of the Act.
(Title of Proceedings as in Form 1.)
Application is hereby made by an organization called [here set out name of organization] for a certificate under Section 22 of the Act. The applicant alleges as follows:—
1. That an industrial dispute in connexion with the [here set out name of industry] has arisen between [here specify the parties to the dispute].
2. That the applicant organization desires to submit the said industrial dispute to the Court.
3. That [here set out any of the matters specified in Section 22 which would entitle the organization to the certificate].
Dated the day of 19 .
On behalf of the above Organization.
To the [state title of Registrar to whom application made].
Form 3.
Certificate of Registrar under Section 22.
Whereas an organization called [name of organization] has applied to me for a certificate under Section 22 of the Act, and alleges that an industrial dispute in connexion with the [here state name of industry] has arisen between [here specify the parties to dispute], and that it desires to submit the industrial dispute to the Commonwealth Court of Conciliation and Arbitration, and has satisfied me that the consent to the submission has been given as required by the Act: Now, therefore, I [set out name and title of Registrar], under the above Act, do hereby certify that [here set out terms of certificate in accordance with Section 22 of the Act].
Dated the day of 19 .
Registrar.
Form 4 (Rule 24).
Form of Plaint.
(Title of Proceedings as in Form 1.)
The [here state name of claimant organization] being in dispute with [here state name of respondent] in respect of the following matters [here state briefly the matters in dispute], claims as follows:—[here State in separate paragraphs, numbered consecutively, the substance of the award asked].
Dated the [date of filing].
On behalf of the Organization.
C.13474. b
Form 5 (Rule 27).
Form of Memorandum to be Indorsed on Plaint and Copy.
To the above-named Respondent (C.D.).
Take notice that the within-stated plaint was filed in this office on the day of, 19 , and that you are required to file in this office within days* of the service of this notice upon you, any answer you may have to the claimant’s claim; and that in default of your so doing, such order may be made against you in your absence as the Court may think fit.
Registrar.
* In fixing time for filing answer the practice of the High Court in respect of entering appearance shall be followed as far as possible.
Form 6.
Answer to Claimant’s Claim.
(Title of Proceedings as in Form 1.)
To the above-named Claimant (A.B.) Take notice that the Respondent makes answer to the Claimant’s claim as follows:—
1. The Respondent admits the claim in paragraph of the Claimant’s claim; or
1. The Respondent disputes the claim in paragraph of the Claimant’s claim, and says that [here state any matter of answer in respect of the claim in the particular paragraph].
2. The Respondent admits [or disputes], &c.
On behalf of the Respondent.
Form 7.
Application for award on failure to file answer.
(Title of Proceedings as in Form 1.)
I, A.B., or we A.B. and C.D., or the [name of organization] hereby make [or makes] application to the Court for an award in terms of the claim filed in the above matter, the Respondent having been duly served with a copy of the said claim, and having failed to file an answer thereto.
Dated the day of 19 .
[Signature of Applicant.]
Form 8.
Application to Registrar for certificate under Section 19.
(Title of Proceedings as in Form 1.)
[Fill in here the name of the association or person being the party applicant], being in dispute with in respect of the following matters, hereby applies to the Registrar for a certificate that such dispute is proper to be dealt with by the Court in the public interest.
Particulars of matters claimed and disputed.
To the [state title of Registrar to whom application made].
Form 9.
Indorsement on application under Section 19.
Take notice that the original of the within stated application for a reference to the Court, being in respect of a dispute which is proper to be dealt with by the Court in the public interest, was filed in this office on the day of 19 , and that you are required to file in this office within days of the service of this notice upon you, any answer you may have to the Claimant’s claim. In default of so doing, you may be subject to such order as the Court may make against you in your absence.
Registrar.
Form 10 (Rule 39).
Issues for trial.
Claimant’s Claim.
Respondent’s Answers and Counter-claim.
Claimant’ Reply,
Registrar.
Form ii (Rule 46).
Summons to show cause.
(Title of Proceedings as in Form 1.)
To the above-named [state name of party to whom summons directed] You are hereby summoned to appear before the Commonwealth Court of Conciliation and Arbitration, at on the day of 19 , at half-past ten o’clock in the forenoon, to show cause why you should not [state shortly the nature of the application to be made], upon the grounds set forth in the affidavit of , filed herewith.
Dated this day of 19 .
Registrar.
Form 12.
Summons under Section 32.
(Title of Proceedings as in Form 1.)
To the above-named [state name of person to whom summons directed].
You are hereby summoned to appear before the President of the Commonwealth Court of Conciliation and Arbitration at on the day of 19 , at half-past ten o’clock in the forenoon, or as soon thereafter as the President may hear the summons, to show cause why the following orders should not be made:—
Take notice that the above-named claimant will make application to the Commonwealth Court of Conciliation and Arbitration at on the day of 19 , for a declaration that [here set out the practice, regulation, rule, custom, term of agreement, condition of employment or dealing, which it is desired to make a common rule], determined by an award in the matter of [state dispute], dated the day of 19 , shall be a common rule of the [state industry].
A copy of the application and of the award may be inspected at the office of the Registrar, Registry, free of charge. Take notice also that if objections are not filed on your behalf on or before the day of 19 , you may be made subject to such order as the Court may make against you in your absence. Take notice further that any such order which the Court may make as the common rule may be in terms differing from those contained in the application for the common rule.
The following are the particulars of the matters proposed to be made a common rule as aforesaid:—
[Set out the matters proposed to be made a common rule.]
Registrar.
Form 14.
Notice of objections to common rule.
(Title of Proceedings as in Form 1.)
Take notice that at the hearing of the application for a common rule in the above matter, I, A.B., intend to object to the granting of the application in respect of my business (or trade) of , carried on by me at , on the following grounds:—[ State the matters to which it is proposed to object, and, shortly, the nature of the objection.]
To
On behalf of Respondent.
Form 15.
Form of summons under Section 69.
(Title of Proceedings as in Form 1.)
You are hereby summoned to appear before the President of the Court of Arbitration at on the day of 19 , at half-past ten o’clock in the forenoon, to show cause why you should not be ordered to pay to the said organization the sum of computed as in the particulars attached hereto, being the amount of fines, penalties, or subscriptions due and payable by you to the said organization in pursuance of the said rules.
To the above-named
Dated this day of 19 .
Registrar.
Particulars of claim referred to.
(Signed)
Form 16.
Application under Section 56.
(Title of Proceedings as in Form 1.)
The [set out name of association], which has applied to be registered as an organization, hereby applies to the President of the Commonwealth Court of Conciliation and Arbitration for power to adopt the following rules as part of its rules to enable it to comply with the prescribed conditions.
[Here set out text of proposed rules.]
Dated the day of 19 .
on behalf of the [name of Association].
To
The President of the Commonwealth Court of Conciliation and Arbitration.
Form 17.
Application for leave to institute proceedings under Part II. of the Act.
(Title of Proceedings as in Form 1.)
Application is hereby made by [here set out, name, address, and occupation of applicant] for leave to institute proceedings against [here set out name of person or organization against whom leave to proceed is sought] for a contravention of section [state number of section] of the Commonwealth Conciliation and Arbitration Act 1904. The contravention complained of is as follows:—
[Here set out facts alleged to constitute a contravention of the section.]
Signature of applicant.
To the [here state President of the Commonwealth Court of Conciliation and Arbitration, if the application is made to the President; if to a Registrar, state title of particular Registrar to whom made].
Form 18.
Order granting leave to institute proceedings under Part II of the Act.
(Title of Proceedings as in Form 1.)
Upon the application of [here set out name of a applicant] I [here set out name and title of President or Registrar as case requires] hereby order that the said [name of applicant] do have leave to institute proceedings against [here set out name and description of person or organization complained of] for a contravention of section of the Commonwealth Conciliation and Arbitration Act 1904, as follows, viz.:—
[Here set out alleged contravention.]
Dated the day of 19 .
President or Registrar, as case may be.
Form 19.
Rule to show cause against enforcement of order, &c.
(Title of Proceedings as in Form 1.)
It is hereby ordered that G.H. appear before the Court of Arbitration at , on the day of 19 , at o’clock in the noon, to show cause why [state nature of relief required], upon the grounds set forth in the affidavit of filed the day of 19 .
Dated the day of 19 .
President.
Form 20.
Applications for enforcement of award.
(Title of Proceedings as in Form 1.)
Whereas by an order of the Commonwealth Court of Conciliation and Arbitration dated the day of 19 , it was directed amongst other things that [set out terms of order so far as they are material to the application]: Now the [here state name of Association, if application by Association] or I A. B. or We A. B. and C. D. hereby apply to the Court for a rule calling upon to show cause why the said award should not be enforced against him in respect of the matters aforesaid.
Dated at the day of 19 .
(Signature of Applicant.)
Form 21.
Writ of Execution.
No..........
Before the Commonwealth Court of Conciliation and Arbitration.
Edward VII. by the Grace of God of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas, King, Defender of the Faith, &c.
To the Marshal of the High Court of Australia.
Greeting:
Whereas by an order of the Commonwealth Court of Conciliation and Arbitration, dated the day of , a.d. 19 , it was directed that A.B. should pay to C.D. the sum of £ , together with costs (if any) on the day of , 19 . This is to command you to levy of the lands and goods of A.B. the sum of £ to satisfy C.D. for the said amount so ordered to be paid to him by the said A.B., and after levy duly made thereof to have that money before us in our said Court at immediately after the execution hereof, to be rendered to the said C.D.
Witness , President of our said Court, at , this day of 19 .
Registrar.
Debt........................£
Costs........................£
Writ of Execution...............£
Levy........................£
£
Besides Marshal’s fees, poundage, and other expenses.
Form 22.
Writ of Attachment.
Before the Commonwealth Court of Conciliation and Arbitration.
Edward VII. by the Grace of God of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas, King, Defender of the Faith, &c.
To the Marshal of the High Court of Australia.
Greeting:
We direct you to attach the above-named A.B. of , so that you may have him before us in the Commonwealth Court of Conciliation and Arbitration on the first day on which the Court shall sit next after the arrest of the said A.B., or as soon thereafter as is practicable. And have you there this writ.
Witness , President of our said Court, at , this day of 19 . By the Court.
Registrar.
For [state nature of contempt].
Form 23.
Appeal to President under Section 17.
(Title of Proceedings as in Form 1.)
An appeal is hereby made by [set out name of appellant] against the following act [or decision] of [set out title of Registrar] at [set out Registry in charge of Registrar] done [or given] on the day of 19 , namely [set out particulars of act or decision appealed against].
The grounds of this appeal are as follow:—
[Set out grounds of appeal in numbered paragraphs.]
Dated the day of 19 .
Signature of Appellant.
To the President of
The Commonwealth Court of Conciliation and Arbitration.
(l.s.)
R. E. O’CONNOR,
President.
Gordon H. Castle,
Industrial Registrar.
Approved in Executive Council,
NORTHCOTE,
Governor- General.
By His Excellency’s Command,
ISAAC A. ISAACS,
Attorney-General.
By Authority: J. Kemp, Acting Government Printer, Melbourne.