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Division 1—Separate Decision of Questions

(Rules 1—4)

Division 2—Consolidation (Rule 5)

30. Setting Down

31. Juries

32. Trial

33. Evidence: General

34. Court Expert

35. Judgments and Orders

36. Judgments and Orders: Entry

37. Judgments and Orders: Enforcement

38. Assessment of Damages

39. Accounts and Inquires

40. Contempt—

Division 1—Contempt in the face or hearing of

the Court (Rules 1—3)

TABLE OF PROVISIONS—continued

Order

Division 2—Motion or proceedings for

punishment (Rules 4-10)

Division 3—General (Rules 11 and 12)

41. Documents

42. Partnerships and Business Names-

Division 1—Partnerships (Rules 1-10)

Division 2—Individuals trading under a Business

Name (Rules 1-20)

43. Disability

44. Interpleader—

Division 1—Preliminary (Rule 1)

Division 2—Stakeholder's Interpleader (Rules 2

and 3)

Division 3—Sheriff's Interpleader (Rules 4—7)

Division 3A—Payment pursuant to Statutory

Entitlement (Rule 7A)

Division 4—General (Rules 8-12)

45. Solicitors

46. Registries

47. Sheriff—

Division 1—General (Rules 1—4)

Division 2—Fees (Rules 5—10)

48. Inquiries under the Industrial Relations Act 1988

49. Proceedings for an Offence

50. Case Stated and Questions Reserved

51. Judiciary Act 1903—Section 78B

51A Matters remitted by the High Court of Australia

52. Appeals—

Division 1—Leave to Appeal (Rules 2A-10)

Division 2—Appeals (Rules 11-37)

NB: THERE ARE NO ORDERS 53 TO 61 INCLUSIVE

62. Costs

63. Moneys paid into Court

NB: THERE ARE NO ORDERS 64 TO 71 INCLUSIVE

TABLE OF PROVISIONS—continued

Order

72. Mediation and Arbitration-

Division 1—Preliminary (Rules 1—5)

Division 2—Mediation (Rules 6—8)

Division 3—Arbitration (Rules 9 and 10)

Division 4—Miscellaneous (Rule 11)

73. Representative Proceedings

74. Delegation of Powers to Judicial Registrars

75. Unlawful Termination Claims

NUMERICAL TABLE OF FORMS

SCHEDULE

Forms

Statutory Rules 1994 No. 1101

__________________

Industrial Relations Court Rules

WE, Judges of the Industrial Relations Court of Australia, make the following Rules of Court under the Industrial Relations Act 1988.

Dated 30 March 1994.

M. R. WILCOX C.J.

R. M. NORTHROP J

J. E. J. SPENDER J

P. R. A. GRAY J

D. M. RYAN J

M. C. LEE J

J. W. VON DOUSSA J

M. F. MOORE J

M. J. BEAZLEY J

Judges of the Industrial

Relations Court of Australia

A. DAWSON

Registrar

____________

ORDER 1

PRELIMINARY

Short title

1. These Rules may be cited as the Industrial Relations Court Rules.

Commencement

2. These Rules shall come into operation on 30 March 1994.

Interpretation

3. In these Rules, unless the contrary intention appears:

“the Act” means the Industrial Relations Act 1988;

“arbitration” means arbitration conducted under an arbitration order;

“arbitration order” means an order referring a matter to an arbitrator as mentioned in Order 72, rule 1;

“arbitrator” means an arbitrator to whom a matter is referred under an arbitration order;

“Australia” or “the Commonwealth” means the Commonwealth of Australia and when used in a geographical sense includes external territories;

“committee” includes a person entrusted under a law of the Commonwealth, or of a State or Territory, with the care or management of the person or estate of a mentally disabled person;

“Commonwealth” means the Commonwealth of Australia and includes a Territory;

“convention” means an agreement, arrangement, treaty or convention made between the Crown in right of the Commonwealth or, where appropriate, in right of a State, and a country other than Australia regarding legal proceedings in civil matters;

“convention country” means a country other than Australia to which a convention applies;

“corporation” includes any artificial person other than an organisation;

“cross-claim” includes a counter-claim, cross-action, set-off, and third party claim;

“directions hearing” means a directions hearing appointed in an application pursuant to Order 4, and except for the purposes of computation of time within which acts must be done, includes any other hearing on which the Court gives directions as to the conduct of the proceedings;

“document” includes any record of information which is a document within the definition contained in s.7A of the Evidence Act 1905 and any other material data or information stored or recorded by mechanical or electronic means;

“document exchange box” means a box in a document exchange approved by the Registrar;

“examination” includes where relevant an examination held pursuant to an order made under Order 24, and, in proceedings under Part IIIB of the Evidence Act 1905, includes any proceeding for the taking of evidence of a person conducted by the judicial authorities of a foreign country in relation to a letter of request issued as a result of an order made by the Court under that Part;

“examiner” includes an officer of the Court or any other person appointed under Order 24, or under paragraph 7V(1)(a) or (b) of the Evidence Act 1905, for the purpose of an examination before the examiner of any person;

“hearing” includes any hearing before the Court, whether final or interlocutory, and whether in open court or in chambers;

“Judge” means a Judge of the Court (including the Chief Judge) and in the expression “the Court or a

Judge” means a Judge sitting in chambers;

“Judicial Registrar” means a judicial registrar appointed under section 375 of the Act.

“mediation” means mediation conducted under a mediation order;

“mediation or arbitration order” means a mediation order or an arbitration order;

“mediation order” means an order referring a matter to a mediator as mentioned in Order 72, rule 1;

“mediator” means a mediator to whom a matter is referred under a mediation order;

“mentally disabled person” means a person who, owing to mental illness, is incapable of managing his or her affairs in respect of the proceedings;

“oath” includes affirmation;

“organisation” has the same meaning as in the Industrial Relations Act 1988;

“person under disability” means an infant, minor or mentally disabled person;

“pleading” includes a statement of claim and a cross-claim to which Order 5 applies and subsequent pleadings, but does not include an application, notice of motion or affidavit;

“proper place” in relation to any proceeding:

(a) where there has been no transfer means the place at which the proceeding was commenced;

(b) where there has been a transfer means the place to which the proceeding was transferred;

“Registrar” means the Registrar or a District Registrar of the Court, and includes a Deputy Registrar or a Deputy District Registrar of the Court or other officer for the time being discharging the duties of any one of them, and when used in relation to any proceeding means the Registrar or District Registrar at the proper place;

“Registry” includes the Principal Registry and a District Registry;

“Rules” means Industrial Relations Court Rules;

“Sheriff” includes a Deputy Sheriff or any person for the time being discharging the duties of Sheriff or Deputy Sheriff;

“the Court” means the Industrial Relations Court of Australia constituted under Part XIV of the Act;

“trial” includes any hearing other than an interlocutory hearing; and

“tutor” means a next friend, guardian ad litem or committee of a person or estate of a person under disability.

Order on terms

4. Unless the contrary intention appears, where under these Rules the Court has the power to make an order or do any other act or thing, it may make that order or do that other act or thing on terms.

Alternative method of filing

5. (1) This rule applies to any document, other than an originating process, which is required or permitted by the Rules to be filed.

(2) A document to which this rule refers may be filed at any Registry.

(3) (a) A document to which this rule refers may be:

(i) posted to a Registry; or

(ii) left, addressed to the Industrial Relations Court of Australia at its box at the Australian Document Exchange;

with a written request that the document be filed.

(4) A document is filed under this rule when it is accepted in the Registry to which it is sent.

(5) An officer of the Court shall mark on the document the date of its acceptance.

(6) Whenever copies of a filed document are required by the Rules to be returned to the filing party, such copies are to be made available for collection but need not be posted to that party.

Serial Number

6. (1) The first document filed in any proceeding shall have a serial number assigned to it for the Registry in which it is filed, and that and each other document in the proceeding shall bear that number preceded by a reference to the appropriate Registry together with a reference to the calendar year in which the first document is filed.

(2) A new series of numbers shall be commenced at the beginning of each calendar year.

Forms

7. (1) Subject to subrule (2), the forms in the First Schedule shall be used where applicable notwithstanding the absence of any specific provision in the Rules in respect of the use of any particular form.

(2) A reference in these Rules to a Form by number is a reference to the Form so numbered in the Schedule.

(3) It shall be sufficient compliance with these Rules as to the form of any document if the document is substantially in accordance with the requirement or has only such variations as the nature of the case requires.

Relief from Rules

8. The Court may dispense with compliance with any of the requirements of the Rules, either before or after the occasion for compliance arises.

Proceedings wanting or in doubt

9. (1) Where a person desires to commence a proceeding or take any step in a proceeding, and the manner or form of procedure is not prescribed by the Act or the Rules or by or under any other Act, or that person is in doubt as to the manner or form of procedure, the Court may, on application by that person, give directions.

(2) A proceeding commenced in accordance with the directions of the Court shall be well commenced.

(3) A step taken in accordance with the directions of the Court shall be regular and sufficient.

Industrial Relations Regulations

10. In any case where the Regulations made under the Act prevail over the provisions of these Rules, it shall, to the extent that duplication would otherwise be involved, be unnecessary to comply with these Rules.

ORDER 2

SITTINGS AND VACATION

Sittings

1. The sittings of the Full Court in the Court’s appellate jurisdiction shall be held in each year at such times and places as the Chief Justice directs.

Vacations

2. (1) There shall be a fixed vacation in each year during the period from the beginning of the Monday before 24 December until the first Monday in February together with such other variable vacation or vacations as the Chief Justice shall determine.

(2) A hearing shall not be held in the fixed vacation, unless the Court otherwise orders.

Court holiday

3. The day after Easter Monday in each year is a holiday to be observed by the Court and the Registry.

ORDER 3

TIME

Month

1. In any judgment or order and in any document in any proceeding, unless the context or subject matter otherwise indicates or requires, “month” means calendar month.

Reckoning

2. (1) Any period of time fixed by rules or by any judgment or order or by any document in any proceeding, shall be reckoned in accordance with this rule.

(2) Where a time of one day or a longer time is to be reckoned by reference to a given day or event, the given day or the day of the given event shall not be counted.

(3) Where, apart from this subrule, the period in question, being a period of 5 days or less, would include a day on which the Registry is closed, that day shall be excluded.

(4) Where the last day for doing a thing is a day on which the Registry is closed, the thing may be done on the next day on which the Registry is open.

(5) Subsection 36(2) of the Acts Interpretation Act 1901 does not apply to these Rules.

Extension and abridgment

3. (1) The Court or a Judge may by order extend or abridge any time fixed by the Rules or by any judgment or order.

(2) The Court or a Judge may extend time under subrule (1) either before or after the time expires and whether or not an application for the extension is made before the time expires.

(3) The period within which a person is required by rules or by any order to serve, file or amend any pleading or other document may be extended by consent without an order for extension.

Fixing times

4. Where no time is fixed by the Rules or by any judgment or order of the Court or a Judge for the doing of any thing in or in connection with any proceeding, the Court may, by order, fix the time within which the thing is to be done.

Vacation

5. In the period from the beginning of the day on which the fixed vacation begins until the end of 14 January next following, time shall not, unless the Court otherwise orders, run so as to put any party in default in respect of any act for the doing of which a time is fixed by the Rules or by any judgment or order of the Court but business may be done during that period.

Registry hours

6. (1) The District Registries of New South Wales and Victoria shall be open to the public for business between 10 in the morning and 4 in the afternoon, except on Saturdays, Sundays and other holidays.

(2) The Principal Registry and the District Registries of the States other than New South Wales and Victoria and of the Territories, shall be open to the public for business from 10 in the morning until 1 in the afternoon and from 2 until 4 in the afternoon, except on Saturdays, Sundays and other holidays.

(3) A Registry may in the discretion of the Registrar, and shall on the direction of a Judge, be opened at other times for urgent business.

ORDER 4

COMMENCEMENT OF PROCEEDINGS

Commencement by application-Form 5

1. (1) Except as otherwise provided in these Rules all proceedings in the Court’s original jurisdiction shall be commenced by filing an application.

(2) An application shall be in or substantially in the form numbered 5 in the First Schedule.

Parties

2. (1) A party claiming relief shall be called an applicant.

(2) A party against whom relief is claimed shall be called a respondent.

Relief claimed

3. (1) An application must specify:

(a) the relief claimed by the applicant; and

(b) if the relief depends on a provision of an Act-the Act and the provision.

(2) Where the claim for relief includes a

This is an opening excerpt, not the complete document.