3965Arbitration—setting aside or amending award

3965 Arbitration—setting aside or amending award (1) The court may, by order, set aside or amend an award made on arbitration if satisfied that— (a) the award was obtained by fraud or other improper means; or (b) a person included in the award as a dependant is not a dependant; or (c) a person who is a dependant is not included in the award. Note Pt 6.2 (Applications is proceedings) applies to an application for an order, directions or leave under this rule. (2) The court may give directions it considers appropriate about the conduct of a proceeding to set aside or amend an award. (3) The court may give the directions under subrule (2) on application by a party or on its own initiative. (4) In setting aside or amending an award, the court may make any order it considers just. (5) An application to set aside or amend an award must not be made more than 6 months after the date of the award without the court’s leave. (6) The court may give leave only if the failure to make the application not later than 6 months after the date of the award was because of mistake, absence of the party from the ACT, or other reasonable grounds.

Division 3.13.12 Workers compensation—registered agreements Rule 3966 Division 3.13.12 Workers compensation—registered agreements 3966 Registered agreement—application for registration (1) This rule applies to an agreement under the Workers Compensation Act, part 4.7 (Registration of agreements for compensation). (2) A person who is a party to the agreement may apply to the court for registration of the agreement by filing a copy of the agreement in the Note 1 See approved form 3.66 (Application for registration of agreement for compensation) AF2007-71. Note 2 The Legislation Act provides for things to be done as soon as possible if no time is fixed (see s 151B). (3) If the person is also a party to an arbitration about the matter in the agreement, the party may apply to the court for registration of the agreement by filing a copy of the agreement or handing it to the court at the arbitration. (4) The copy of the agreement filed or handed to the court must— (a) be signed by the injured worker, the injured worker’s representative and each other party or the party’s representative; and (b) include a statement by a lawyer that the lawyer— (i) has provided independent legal advice about the agreement to the injured worker; and (ii) based on the lawyer’s experience in worker’s compensation proceedings and knowledge of the injured worker’s claim, considers that the amount of compensation set out in the agreement is not manifestly inadequate. application to register the agreement.

Workers compensation—costs Division 3.13.13 Rule 3967 (6) Unless the court otherwise orders on its own initiative, the application to register must be dealt with without a hearing and in the absence of the parties. (7) However, at any time before registering an agreement, the court may require a party to provide additional information. (8) If the court registers the agreement, the registrar must give a sealed copy of the registered agreement, endorsed with the date of registration, to— (a) each party to the agreement; and (b) if applicable, any party to the arbitration who is not a party to the agreement.