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Queensland regulation
What these rules do (mechanics)
Set the detailed courtroom and tribunal practice for industrial matters covered by the Industrial Relations Act and a range of related laws (for example, Work Health and Safety, Workers’ Compensation, Anti‑Discrimination and others). They tell people exactly how to start proceedings, serve papers, run hearings, produce evidence and comply with directions. (See generally parts 1–5 and many individual rules such as r 8, r 12, r 41, r 50.)
Require use of approved forms and set content and formatting rules for pleadings, affidavits, exhibits and bargaining instruments. (See r 8, r 10, r 13, r 52, r 173.)
Prescribe filing and service processes (how and when documents are filed; acceptable methods of service, including email and fax; when a document is treated as served). They also permit substituted or informal service where normal service is impracticable. (See r 14–r 35, r 38A–r 40, r 32–r 33.)
Define who is responsible for “carriage” of a matter (the applicant unless otherwise ordered) and require the carriage party to progress the case until final disposition or discontinuance. (r 9.)
Give the court, commission, magistrate and the registrar broad case‑management powers: directions orders, disclosure obligations, attendance notices (compulsory production), inspection rules, and the power to refuse to file frivolous or abusive documents. (See r 41, r 46, r 58–r 64, r 100.)
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Direct links to the current provisions in Industrial Relations (Tribunals) Rules 2011.
These rules may be cited as the Industrial Relations (Tribunals) Rules 2011 .
These rules commence on 1 January 2012. From 1 March 2017, these rules continue to have effect as if they were made under section 551 of the Act —see section 1025 of the Act . r 2 amd 2017 SL No. 26 s 4
The dictionary in schedule 2 defines particular words used in these rules.
A reference in part 2 , other than rule 8 , and in rules 229 to 231 — to an application includes a reference to— a notice of appeal under an appeal Act; and a complaint referral; and to an applicant includes a reference to an appellant to an appeal under an appeal Act. A reference in part 5 to an application to appeal includes a reference to a notice of appeal under an appeal Act. r 4 amd 2017 SL No. 26 s 5 (sec.4-ssec.1) A reference in part 2 , other than rule 8 , and in rules 229 to 231 — to an application includes a reference to— a notice of appeal under an appeal Act; and a complaint referral; and to an applicant includes a reference to an appellant to an appeal under an appeal Act. (sec.4-ssec.2) A reference in part 5 to an application to appeal includes a reference to a notice of appeal under an appeal Act.
These rules apply to a proceeding before the court, the commission, a magistrate or the registrar. For the meaning of magistrate , see the Act , schedule 5 .
The purpose of these rules is to provide for the just and expeditious disposition of the business of the court, the commission, a magistrate and the registrar at a minimum of expense.
This part applies to a proceeding before the court, commission or registrar.
A proceeding must be started by an application in the approved form. See rule 4 . However, subrule (1) does not apply— to a proceeding started by a notice of appeal under an appeal Act; or if the court, commission, registrar or these rules require otherwise; or to a proceeding started on the initiative of the commission or registrar; or For proceedings started on the initiative of the commission, see rule 99 . to a proceeding started as directed by the Minister under the Act ; or to a proceeding arising out of the giving of a notice of industrial dispute under section 261 of the Act ; or to a proceeding started by a complaint referral. For these rules, each of the following is a document starting a proceeding— an application to appeal; a notice of appeal under an appeal Act; a complaint referral. A notice of appeal under an appeal Act must— for an appeal to the commission under the Workers’ Compensation and Rehabilitation Act 2003 —be in the WCR approved form; or otherwise—be in the approved form. A complaint referral must be in the approved form. A proceeding, other than a proceeding started by a notice of appeal under an appeal Act or an application for a WHS review, starts when the document starting the proceeding— is filed or otherwise received under the Act or these rules; or for a document issued by the court, commission or registrar—is issued. A proceeding started by a notice of appeal under an appeal Act, or an application for a WHS review under the Work Health and Safety Act 2011 , starts as provided under that Act. In this rule— WCR approved form means an approved form for use for notices of appeal to the commission under the Workers’ Compensation and Rehabilitation Act 2003 . r 8 amd 2013 SL No. 73 s 4 ; 2017 SL No. 26 s 6 (sec.8-ssec.1) A proceeding must be started by an application in the approved form. See rule 4 . (sec.8-ssec.2) However, subrule (1) does not apply— to a proceeding started by a notice of appeal under an appeal Act; or if the court, commission, registrar or these rules require otherwise; or to a proceeding started on the initiative of the commission or registrar; or For proceedings started on the initiative of the commission, see rule 99 . to a proceeding started as directed by the Minister under the Act ; or to a proceeding arising out of the giving of a notice of industrial dispute under section 261 of the Act ; or to a proceeding started by a complaint referral. (sec.8-ssec.3) For these rules, each of the following is a document starting a proceeding— an application to appeal; a notice of appeal under an appeal Act; a complaint referral. (sec.8-ssec.4) A notice of appeal under an appeal Act must— for an appeal to the commission under the Workers’ Compensation and Rehabilitation Act 2003 —be in the WCR approved form; or otherwise—be in the approved form. (sec.8-ssec.5) A complaint referral must be in the approved form. (sec.8-ssec.6) A proceeding, other than a proceeding started by a notice of appeal under an appeal Act or an application for a WHS review, starts when the document starting the proceeding— is filed or otherwise received under the Act or these rules; or for a document issued by the court, commission or registrar—is issued. A proceeding started by a notice of appeal under an appeal Act, or an application for a WHS review under the Work Health and Safety Act 2011 , starts as provided under that Act. (sec.8-ssec.7) In this rule— WCR approved form means an approved form for use for notices of appeal to the commission under the Workers’ Compensation and Rehabilitation Act 2003 .
An applicant has carriage of a proceeding unless— the court, commission or registrar orders another person to have the carriage; or the court or commission orders the registrar to have the carriage. The person who has carriage of a proceeding must take all necessary steps in the proceeding until the proceeding is— discontinued by leave of the court, commission or registrar; or finally determined by the court, commission or registrar. (sec.9-ssec.1) An applicant has carriage of a proceeding unless— the court, commission or registrar orders another person to have the carriage; or the court or commission orders the registrar to have the carriage. (sec.9-ssec.2) The person who has carriage of a proceeding must take all necessary steps in the proceeding until the proceeding is— discontinued by leave of the court, commission or registrar; or finally determined by the court, commission or registrar.
An application must— be divided into consecutively numbered paragraphs, each detailing, as far as is convenient, a separate matter; and name the relevant provisions of any legislation or industrial instrument that relates to the application; and state the relief or orders sought; and state any directions required to expedite the proceeding. r 10 amd 2017 SL No. 26 s 7 ; 2021 SL No. 10 s 4
r 11 om 2021 SL No. 10 s 5
Unless otherwise provided by these rules, a document starting a proceeding, or an application in an existing proceeding, must not be filed unless it states— the applicant’s residential or business address; and the applicant’s telephone number (if any); and if the applicant has no telephone number—a way of contacting the applicant by telephone; and the applicant’s fax number (if any); and the applicant’s email address (if any). If a lawyer or agent acts for the applicant, a document starting a proceeding, or an application in an existing proceeding, must not be filed unless it states— the name of— the lawyer, and if the lawyer practises in a firm of lawyers, the name of the firm; or the agent, and if the agent is employed by a business or corporation or operates under a business name, the name of the business or corporation or the business name; and the address of— the lawyer’s place of business; or the agent’s— if the agent has a place of business—place of business; or otherwise—place of residence; and if the address under paragraph (b) is not the applicant’s address for service or is not a Queensland address—an address for service in Queensland; and the lawyer’s or agent’s telephone number, email address and fax number (if any). Under rule 125 , a notice of appointment of agent must be filed and served on all parties to the proceeding. Under rule 126 , a lawyer representing a party or person in the proceeding must file and serve a notice of address for service on all parties to the proceeding. r 12 amd 2021 SL No. 10 s 6 ; 2023 SL No. 157 s 3 (sec.12-ssec.1) Unless otherwise provided by these rules, a document starting a proceeding, or an application in an existing proceeding, must not be filed unless it states— the applicant’s residential or business address; and the applicant’s telephone number (if any); and if the applicant has no telephone number—a way of contacting the applicant by telephone; and the applicant’s fax number (if any); and the applicant’s email address (if any). (sec.12-ssec.2) If a lawyer or agent acts for the applicant, a document starting a proceeding, or an application in an existing proceeding, must not be filed unless it states— the name of— the lawyer, and if the lawyer practises in a firm of lawyers, the name of the firm; or the agent, and if the agent is employed by a business or corporation or operates under a business name, the name of the business or corporation or the business name; and the address of— the lawyer’s place of business; or the agent’s— if the agent has a place of business—place of business; or otherwise—place of residence; and if the address under paragraph (b) is not the applicant’s address for service or is not a Queensland address—an address for service in Queensland; and the lawyer’s or agent’s telephone number, email address and fax number (if any). Under rule 125 , a notice of appointment of agent must be filed and served on all parties to the proceeding. Under rule 126 , a lawyer representing a party or person in the proceeding must file and serve a notice of address for service on all parties to the proceeding.
Unless these rules provide otherwise, a document for filing must— be on A4 (210mm x 297mm) paper; and be on 1 side of the page only; and if typewritten— be in Times New Roman font; and be in 11 point font size; and have only fully justified text; and if not typewritten—be printed in upper case letters; and be clearly legible; and be well spaced and divided into convenient paragraphs; and have paragraphs numbered on the inner edge of the margin for each new topic; and have a 2cm margin on each side; and be numbered consecutively on each page; and not contain a logo or other embellishment; and state a short description of the nature of the document; and if the party or person ordered or permitted to appear or to be represented in the proceeding is represented by an agent—be accompanied by a notice of appointment of agent under rule 125 ; and contain the information, including the applicant’s address for service, required under rule 12 . However, if the address for service is changed under these rules, a document filed after the change must state the new address for service instead of the original address. If an imaged document is to be electronically filed— the paper form of the document from which the imaged document is created must comply with subrule (1) ; and the imaged document must be formatted in a way that would result in the document complying with subrule (1) if a paper copy were made of the imaged document. If a document, other than an imaged document, is to be electronically filed, the document must be formatted in a way that would result in the document complying with subrule (1) if a paper copy were made of the document. In this rule— imaged document means a document in electronic form created by scanning or otherwise imaging the document in its paper form. r 13 amd 2021 SL No. 10 s 7 (sec.13-ssec.1) Unless these rules provide otherwise, a document for filing must— be on A4 (210mm x 297mm) paper; and be on 1 side of the page only; and if typewritten— be in Times New Roman font; and be in 11 point font size; and have only fully justified text; and if not typewritten—be printed in upper case letters; and be clearly legible; and be well spaced and divided into convenient paragraphs; and have paragraphs numbered on the inner edge of the margin for each new topic; and have a 2cm margin on each side; and be numbered consecutively on each page; and not contain a logo or other embellishment; and state a short description of the nature of the document; and if the party or person ordered or permitted to appear or to be represented in the proceeding is represented by an agent—be accompanied by a notice of appointment of agent under rule 125 ; and contain the information, including the applicant’s address for service, required under rule 12 . (sec.13-ssec.2) However, if the address for service is changed under these rules, a document filed after the change must state the new address for service instead of the original address. (sec.13-ssec.3) If an imaged document is to be electronically filed— the paper form of the document from which the imaged document is created must comply with subrule (1) ; and the imaged document must be formatted in a way that would result in the document complying with subrule (1) if a paper copy were made of the imaged document. (sec.13-ssec.4) If a document, other than an imaged document, is to be electronically filed, the document must be formatted in a way that would result in the document complying with subrule (1) if a paper copy were made of the document. (sec.13-ssec.5) In this rule— imaged document means a document in electronic form created by scanning or otherwise imaging the document in its paper form.
Unless these rules or a directions order of the court, commission or registrar otherwise requires, a document, other than a written submission or an affidavit or exhibit attached to another document, for filing by a party must be dated and signed by— the party; or if the party has a lawyer or agent—the lawyer or agent. A requirement under these rules to sign a document may be satisfied for a document, other than a statutory declaration, in electronic form— if the document is an approved form—by signing in the way required by the approved form; or otherwise—by attaching the person’s signature to the document by electronic means by, or at the direction of, the person required to sign the document. r 13A ins 2021 SL No. 10 s 8 (sec.13A-ssec.1) Unless these rules or a directions order of the court, commission or registrar otherwise requires, a document, other than a written submission or an affidavit or exhibit attached to another document, for filing by a party must be dated and signed by— the party; or if the party has a lawyer or agent—the lawyer or agent. (sec.13A-ssec.2) A requirement under these rules to sign a document may be satisfied for a document, other than a statutory declaration, in electronic form— if the document is an approved form—by signing in the way required by the approved form; or otherwise—by attaching the person’s signature to the document by electronic means by, or at the direction of, the person required to sign the document.
A document is filed when the appropriate fee (if any) is paid and the document is stamped in the registry. The registrar may refuse to accept a document for filing, or refuse to accept another document otherwise given to the registrar, if the document does not comply with— the Act ; or an enabling Act; or these rules; or a practice direction issued under these rules. See, for example, sections 261 , 644 and 676 of the Act for when the registrar may be given a document other than for filing. r 14 amd 2017 SL No. 26 s 8 ; 2021 SL No. 10 s 9 (sec.14-ssec.1) A document is filed when the appropriate fee (if any) is paid and the document is stamped in the registry. (sec.14-ssec.2) The registrar may refuse to accept a document for filing, or refuse to accept another document otherwise given to the registrar, if the document does not comply with— the Act ; or an enabling Act; or these rules; or a practice direction issued under these rules. See, for example, sections 261 , 644 and 676 of the Act for when the registrar may be given a document other than for filing.
Except as otherwise provided under these rules, a document may be filed— by delivering it to the registry; or by posting it to the registry with a written request that the document be filed; or by transmitting it to the registry by fax, email or another method, subject to the fee, if any, being paid; or for an appeal from a decision of a magistrate—as required under rule 144 . r 15 amd 2021 SL No. 10 s 10
A document becomes a record of the court or commission, and may be used before the court, commission or registrar, only if it has been filed. Subrule (1) applies unless the court, commission or registrar otherwise allows. (sec.16-ssec.1) A document becomes a record of the court or commission, and may be used before the court, commission or registrar, only if it has been filed. (sec.16-ssec.2) Subrule (1) applies unless the court, commission or registrar otherwise allows.
Notice of any change in a party’s address for service must be filed and served on all other parties to the proceeding immediately after the change.
An application may be amended, before the hearing of the application, by the applicant filing an amended application that incorporates the amendments. The amended application must replace the whole of the application. The registrar may make a directions order if the registrar considers it necessary because of the amended application. (sec.18-ssec.1) An application may be amended, before the hearing of the application, by the applicant filing an amended application that incorporates the amendments. (sec.18-ssec.2) The amended application must replace the whole of the application. (sec.18-ssec.3) The registrar may make a directions order if the registrar considers it necessary because of the amended application.
An amendment must be distinguished from the original text by— if text is being added—underlining or shading the added text; or if text is being deleted—crossing out the deleted text. An amended application must be in the approved form. (sec.19-ssec.1) An amendment must be distinguished from the original text by— if text is being added—underlining or shading the added text; or if text is being deleted—crossing out the deleted text. (sec.19-ssec.2) An amended application must be in the approved form.
After the hearing of an application has started, an applicant may apply to the court, commission or registrar hearing the application for leave to amend the application. If the proposed amendments substantially alter the scope and nature of the claim, the applicant must file an amended application that incorporates the proposed amendments. An amendment may be allowed or disallowed on the terms the court, commission or registrar considers appropriate. (sec.20-ssec.1) After the hearing of an application has started, an applicant may apply to the court, commission or registrar hearing the application for leave to amend the application. (sec.20-ssec.2) If the proposed amendments substantially alter the scope and nature of the claim, the applicant must file an amended application that incorporates the proposed amendments. (sec.20-ssec.3) An amendment may be allowed or disallowed on the terms the court, commission or registrar considers appropriate.
The applicant must serve an amended application on each other party to the proceeding as soon as practicable after the amended application is filed, but at least 7 clear days before the hearing. If, when the amended application is filed, the original application has not been served on a party to the proceeding or a party required to be served under a directions order of the court, commission or registrar, the party must also be served with the original application. The court, commission or registrar may dispense with service of an amended application or give directions about service. (sec.21-ssec.1) The applicant must serve an amended application on each other party to the proceeding as soon as practicable after the amended application is filed, but at least 7 clear days before the hearing. (sec.21-ssec.2) If, when the amended application is filed, the original application has not been served on a party to the proceeding or a party required to be served under a directions order of the court, commission or registrar, the party must also be served with the original application. (sec.21-ssec.3) The court, commission or registrar may dispense with service of an amended application or give directions about service.
A party served with an amended application may object to the amendment— by filing a response in the approved form within 7 clear days after being served; or if the application is scheduled for hearing within the 7 days—at the hearing. The response must state— whether the objection is to all or part of the proposed amended application; and if the objection is to part of the proposed amended application—which part; and concise reasons for the objection. The party must immediately serve the response on all other parties to the proceeding. (sec.22-ssec.1) A party served with an amended application may object to the amendment— by filing a response in the approved form within 7 clear days after being served; or if the application is scheduled for hearing within the 7 days—at the hearing. (sec.22-ssec.2) The response must state— whether the objection is to all or part of the proposed amended application; and if the objection is to part of the proposed amended application—which part; and concise reasons for the objection. (sec.22-ssec.3) The party must immediately serve the response on all other parties to the proceeding.
If a party objects to all or part of an amended application, the court, commission or registrar may, after hearing the objecting party, allow or disallow the proposed amendment. The court, commission or registrar may make the decision on the terms the court, commission or registrar considers appropriate. r 23 amd 2021 SL No. 10 s 11 (sec.23-ssec.1) If a party objects to all or part of an amended application, the court, commission or registrar may, after hearing the objecting party, allow or disallow the proposed amendment. (sec.23-ssec.2) The court, commission or registrar may make the decision on the terms the court, commission or registrar considers appropriate.
The party by or for whom a document is filed or issued in a proceeding must serve the document on each other party to the proceeding. Subrule (1) does not apply if— the court, commission, or registrar otherwise directs; or the Act or these rules provide otherwise. (sec.24-ssec.1) The party by or for whom a document is filed or issued in a proceeding must serve the document on each other party to the proceeding. (sec.24-ssec.2) Subrule (1) does not apply if— the court, commission, or registrar otherwise directs; or the Act or these rules provide otherwise.
Unless these rules otherwise provide, a document required under these rules to be served must be served as soon as practicable, but at least 3 business days, before— the return day stated in the document; or the day on which it is proposed to apply. Despite subrule (1) , the court, commission or registrar may direct that a document be served in a shorter time. (sec.25-ssec.1) Unless these rules otherwise provide, a document required under these rules to be served must be served as soon as practicable, but at least 3 business days, before— the return day stated in the document; or the day on which it is proposed to apply. (sec.25-ssec.2) Despite subrule (1) , the court, commission or registrar may direct that a document be served in a shorter time.
A person can not serve a document on Good Friday or Christmas Day unless the court, commission or registrar otherwise orders.
If a document is served on a person after 4p.m., the document is taken to have been served on the next day.
The following are the ways by which a document may be served on the person to be served— personal service under rule 29 ; for an industrial organisation—giving the document to the secretary of the industrial organisation; leaving the document with someone who is apparently an adult living at the relevant address; if there is no-one at the relevant address—leaving the document at the relevant address in a position where it is reasonably likely to come to the person’s attention; if the relevant address is within a building or area to which the person serving the document has been denied access—leaving the document at the building or area in a position where it is reasonably likely to come to the person’s attention; posting the document to the relevant address; For the meaning of service by post see the Acts Interpretation Act 1954 , section 39A . if the person has given— a fax number under these rules—faxing the document to the person; or an email address for service of documents in the proceeding—emailing the document to the person; if a proceeding is brought against the person in relation to a business carried on by the person under a name other than the person’s name—leaving the document at the person’s place of business with a person who appears to have control or management of the business at the place. The charge for service under this rule must be paid by the party required to serve the document. In this rule— relevant address , of a person to be served, means— the person’s address for service; or for an individual who does not have an address for service— the individual’s last known place of business or residence; or if the proceeding is brought by or against an individual in the name of a partnership—the principal or last known place of business of the partnership; or for a corporation or industrial organisation that does not have an address for service—its head office or its principal or registered office. r 28 amd 2013 SL No. 73 s 5 ; 2017 SL No. 26 s 9 ; 2021 SL No. 10 s 12 ; 2023 SL No. 157 s 4 (sec.28-ssec.1) The following are the ways by which a document may be served on the person to be served— personal service under rule 29 ; for an industrial organisation—giving the document to the secretary of the industrial organisation; leaving the document with someone who is apparently an adult living at the relevant address; if there is no-one at the relevant address—leaving the document at the relevant address in a position where it is reasonably likely to come to the person’s attention; if the relevant address is within a building or area to which the person serving the document has been denied access—leaving the document at the building or area in a position where it is reasonably likely to come to the person’s attention; posting the document to the relevant address; For the meaning of service by post see the Acts Interpretation Act 1954 , section 39A . if the person has given— a fax number under these rules—faxing the document to the person; or an email address for service of documents in the proceeding—emailing the document to the person; if a proceeding is brought against the person in relation to a business carried on by the person under a name other than the person’s name—leaving the document at the person’s place of business with a person who appears to have control or management of the business at the place. (sec.28-ssec.2) The charge for service under this rule must be paid by the party required to serve the document. (sec.28-ssec.3) In this rule— relevant address , of a person to be served, means— the person’s address for service; or for an individual who does not have an address for service— the individual’s last known place of business or residence; or if the proceeding is brought by or against an individual in the name of a partnership—the principal or last known place of business of the partnership; or for a corporation or industrial organisation that does not have an address for service—its head office or its principal or registered office.
To serve a document personally, the person serving it must give the document, or a copy of the document, to the person intended to be served. However, if the person does not accept the document or copy, the party serving it may serve it by putting it down in the person’s presence and telling the person what it is. It is not necessary to show the original of the document to the person served. (sec.29-ssec.1) To serve a document personally, the person serving it must give the document, or a copy of the document, to the person intended to be served. (sec.29-ssec.2) However, if the person does not accept the document or copy, the party serving it may serve it by putting it down in the person’s presence and telling the person what it is. (sec.29-ssec.3) It is not necessary to show the original of the document to the person served.
The registrar may serve a copy of a directions order on the party who applied for the directions order by any of the following means— if the party has given an email address under these rules—emailing the order to the party; if the party has given a fax number under these rules—faxing the order to the party; posting the order to— the party’s address for service; or for a party who is an individual who does not have an address for service— the party’s last known place of business or residence; or if the proceeding is brought by or against the party in the name of a partnership—the principal or last known place of business of the partnership; or for a party that is a corporation or industrial organisation that does not have an address for service—its head office or its principal or registered office; giving the order to the party by an electronic means stated in a practice direction issued under these rules. r 30 amd 2021 SL No. 10 s 13 ; 2023 SL No. 157 s 5
A document required under these rules to be served by the registrar may be served by the registrar or an officer of the court.
An application for an order under section 528 (2) of the Act must be in the approved form. The court, commission or registrar may state in an order made under section 528 (2) (b) of the Act the steps to be taken, instead of service, for bringing the document to the attention of the person to be served. r 32 sub 2017 SL No. 26 s 10 (sec.32-ssec.1) An application for an order under section 528 (2) of the Act must be in the approved form. (sec.32-ssec.2) The court, commission or registrar may state in an order made under section 528 (2) (b) of the Act the steps to be taken, instead of service, for bringing the document to the attention of the person to be served.
This rule applies if— for any reason, a document is not served under section 528 of the Act or this subdivision, but the person to be served has otherwise come into possession of the document or a copy of it; and the court, commission or registrar is satisfied on evidence before it that the document came into the person’s possession. The court, commission or registrar may, by order, decide that the possession of the document is service for these rules on the day it came into the person’s possession or another day stated in the order. r 33 sub 2017 SL No. 26 s 10 (sec.33-ssec.1) This rule applies if— for any reason, a document is not served under section 528 of the Act or this subdivision, but the person to be served has otherwise come into possession of the document or a copy of it; and the court, commission or registrar is satisfied on evidence before it that the document came into the person’s possession. (sec.33-ssec.2) The court, commission or registrar may, by order, decide that the possession of the document is service for these rules on the day it came into the person’s possession or another day stated in the order.
This rule applies if— a person living or carrying on business outside Queensland (the principal ) enters into a contract in Queensland through an agent living or carrying on business in Queensland; and a proceeding arises out of the contract. The court, commission or registrar may, without deciding the agent’s authority or business relationship with the principal, give leave for the document starting the proceeding to be served on the agent. The party serving the document on the agent must immediately send the principal a copy of the order and the document starting the proceeding. The documents required to be sent under subrule (3) must be sent to the principal’s address outside Queensland by post. (sec.34-ssec.1) This rule applies if— a person living or carrying on business outside Queensland (the principal ) enters into a contract in Queensland through an agent living or carrying on business in Queensland; and a proceeding arises out of the contract. (sec.34-ssec.2) The court, commission or registrar may, without deciding the agent’s authority or business relationship with the principal, give leave for the document starting the proceeding to be served on the agent. (sec.34-ssec.3) The party serving the document on the agent must immediately send the principal a copy of the order and the document starting the proceeding. (sec.34-ssec.4) The documents required to be sent under subrule (3) must be sent to the principal’s address outside Queensland by post.
This rule applies if, before or after a proceeding starts, the parties to the proceeding agree that a document relating to the proceeding may be served on a party, or someone else for the party, in a way or at a place, in Queensland or elsewhere, stated in the agreement. The document may be served in accordance with the agreement. (sec.35-ssec.1) This rule applies if, before or after a proceeding starts, the parties to the proceeding agree that a document relating to the proceeding may be served on a party, or someone else for the party, in a way or at a place, in Queensland or elsewhere, stated in the agreement. (sec.35-ssec.2) The document may be served in accordance with the agreement.
r 36 om 2021 SL No. 10 s 14
r 37 om 2021 SL No. 10 s 14
For proving service, a statement by a person of his or her identity or that he or she holds a particular office or position is evidence of the identity or that the person holds the office or position.
A document served by email must state the following in the body of the email— the sender’s name and address; the name of the person to be served; the date and time of transmission; the total number of pages of the document transmitted, including any cover page attached to the document; the email address from which the document is transmitted; the name and telephone number of a person to contact if there is a problem with the transmission; that the transmission is for service under a stated rule or directions order. r 38A ins 2021 SL No. 10 s 15
A document served by fax must include a cover page stating the following— the sender’s name and address; the name of the person to be served; the date and time of transmission; the total number of pages, including the cover page, transmitted; the telephone number from which the document is transmitted; the name and telephone number of a person to contact if there is a problem with the transmission; that the transmission is for service under a stated rule or directions order. r 39 amd 2021 SL No. 10 s 16
This rule applies to service of a document outside Queensland but within Australia. The document must be served under the Service and Execution of Process Act 1992 (Cwlth) . (sec.40-ssec.1) This rule applies to service of a document outside Queensland but within Australia. (sec.40-ssec.2) The document must be served under the Service and Execution of Process Act 1992 (Cwlth) .
The court, commission or registrar may make an order (a directions order ) about the conduct of a proceeding on the application of a party or on the initiative of the court, commission or registrar. A directions order may, for example, relate to the following— the parties who are to be served with applications, related material or other documents; requiring evidence of the service; another matter relating to service of an application; scheduling of conferences, mediation conferences, preliminary hearings and hearings before the court, commission or registrar; requiring further and better particulars of an application; requiring the applicant to file and serve all material to be relied on in support of the application by affidavit or another form; requiring a party to respond to a notice to admit facts or documents; requiring the respondent to file and serve material in reply; requiring the applicant to file and serve material in reply; requiring the parties— to confer to agree on matters that can be agreed on; and to identify points in issue; and to report back to the court, commission or registrar; requiring the parties to file— a written outline of submissions; or submissions about the subject matter of the application; requiring— evidence to be given by affidavit; or statements to be filed and served, in affidavit form, of the primary evidence of a witness; requiring— the identification of the provisions of relevant legislation or industrial instruments; and a list of cases to be relied on to be provided; requiring submissions in writing to justify the necessity to carry out inspections or hearings at other locations; requiring disclosure of documents; requiring inspection of documents. An application for a directions order about a matter mentioned in subrule (2) (b) to (p) must be in the approved form unless the application was made in a document starting a proceeding. A draft of the directions order sought must be filed with the application. (sec.41-ssec.1) The court, commission or registrar may make an order (a directions order ) about the conduct of a proceeding on the application of a party or on the initiative of the court, commission or registrar. (sec.41-ssec.2) A directions order may, for example, relate to the following— the parties who are to be served with applications, related material or other documents; requiring evidence of the service; another matter relating to service of an application; scheduling of conferences, mediation conferences, preliminary hearings and hearings before the court, commission or registrar; requiring further and better particulars of an application; requiring the applicant to file and serve all material to be relied on in support of the application by affidavit or another form; requiring a party to respond to a notice to admit facts or documents; requiring the respondent to file and serve material in reply; requiring the applicant to file and serve material in reply; requiring the parties— to confer to agree on matters that can be agreed on; and to identify points in issue; and to report back to the court, commission or registrar; requiring the parties to file— a written outline of submissions; or submissions about the subject matter of the application; requiring— evidence to be given by affidavit; or statements to be filed and served, in affidavit form, of the primary evidence of a witness; requiring— the identification of the provisions of relevant legislation or industrial instruments; and a list of cases to be relied on to be provided; requiring submissions in writing to justify the necessity to carry out inspections or hearings at other locations; requiring disclosure of documents; requiring inspection of documents. (sec.41-ssec.3) An application for a directions order about a matter mentioned in subrule (2) (b) to (p) must be in the approved form unless the application was made in a document starting a proceeding. (sec.41-ssec.4) A draft of the directions order sought must be filed with the application.
The court, commission or registrar may hear parties to a proceeding before making a directions order if it is considered necessary or appropriate.
At any time after a directions order has been made, the court, commission or registrar may make a further directions order if it is considered necessary or appropriate.
If the parties agree, the court, commission or registrar may hear and decide a proceeding on an application for directions.
This rule applies if— a party to a proceeding receives notice of a directions order made by the court, commission or registrar stating a time, date and place for a hearing or conference for the proceeding; and the party fails to attend the hearing or conference. This rule also applies if— a party to a proceeding receives notice of a directions order made by the court, commission or registrar; and the party fails to comply with the order. The court, commission or registrar may— dismiss the proceeding; or make a further directions order; or make another order dealing with the proceeding that the court, commission or registrar considers appropriate, including, for example, a final order; or make orders under paragraphs (b) and (c) . (sec.45-ssec.1) This rule applies if— a party to a proceeding receives notice of a directions order made by the court, commission or registrar stating a time, date and place for a hearing or conference for the proceeding; and the party fails to attend the hearing or conference. (sec.45-ssec.2) This rule also applies if— a party to a proceeding receives notice of a directions order made by the court, commission or registrar; and the party fails to comply with the order. (sec.45-ssec.3) The court, commission or registrar may— dismiss the proceeding; or make a further directions order; or make another order dealing with the proceeding that the court, commission or registrar considers appropriate, including, for example, a final order; or make orders under paragraphs (b) and (c) .
If a directions order requiring disclosure of documents is made, a party must disclose any document that— is directly relevant to the proceeding or a matter in issue in the proceeding; and is in, or comes into, the possession of the party. A party must act under subrule (1) until the proceeding is concluded or the matter in issue is admitted, withdrawn, struck out or otherwise disposed of. Subrule (1) does not apply to a document in relation to which there is a valid claim to privilege from disclosure. r 46 amd 2021 SL No. 10 s 17 (sec.46-ssec.1) If a directions order requiring disclosure of documents is made, a party must disclose any document that— is directly relevant to the proceeding or a matter in issue in the proceeding; and is in, or comes into, the possession of the party. (sec.46-ssec.2) A party must act under subrule (1) until the proceeding is concluded or the matter in issue is admitted, withdrawn, struck out or otherwise disposed of. (sec.46-ssec.3) Subrule (1) does not apply to a document in relation to which there is a valid claim to privilege from disclosure.
If the court, commission or registrar considers it appropriate to help effectively dispose of an application, the court, commission or registrar may direct a party to file a response to the application by a stated time. A response must be in the approved form and— admit or deny, with or without qualification, each statement of fact made in the application; and state whether the relief claimed is agreed to or opposed. A response may contain a counterclaim in response to the matters raised in the application. If the response contains a counterclaim, the counterclaim must be set out in enough detail to clearly identify the nature of the relief sought. The party must file the response and immediately serve a copy of it on the applicant and any other parties. If the party fails to file a response within the time allowed under subrule (1) , the court, commission or registrar may impose terms on the party about the party’s participation in the proceeding. r 47 amd 2017 SL No. 26 s 11 (sec.47-ssec.1) If the court, commission or registrar considers it appropriate to help effectively dispose of an application, the court, commission or registrar may direct a party to file a response to the application by a stated time. (sec.47-ssec.2) A response must be in the approved form and— admit or deny, with or without qualification, each statement of fact made in the application; and state whether the relief claimed is agreed to or opposed. (sec.47-ssec.3) A response may contain a counterclaim in response to the matters raised in the application. (sec.47-ssec.4) If the response contains a counterclaim, the counterclaim must be set out in enough detail to clearly identify the nature of the relief sought. (sec.47-ssec.5) The party must file the response and immediately serve a copy of it on the applicant and any other parties. (sec.47-ssec.6) If the party fails to file a response within the time allowed under subrule (1) , the court, commission or registrar may impose terms on the party about the party’s participation in the proceeding.
The court, commission or registrar may dispense with evidence on any matter— on which all parties have agreed in writing; or for which the court, commission or registrar considers evidence is unnecessary.
A party to a proceeding (the first party ) may, by notice in the approved form served on another party, ask the other party to admit, for the proceeding only, the facts or documents stated in the notice. If the other party does not, within 14 days after receiving a notice under subrule (1) , serve a notice on the first party disputing the facts or the authenticity of the documents, the other party is taken to admit, for the proceeding only, the stated facts or the authenticity of the stated documents. The other party may, with the leave of the court, commission or registrar, withdraw an admission taken to have been made under subrule (2) . (sec.49-ssec.1) A party to a proceeding (the first party ) may, by notice in the approved form served on another party, ask the other party to admit, for the proceeding only, the facts or documents stated in the notice. (sec.49-ssec.2) If the other party does not, within 14 days after receiving a notice under subrule (1) , serve a notice on the first party disputing the facts or the authenticity of the documents, the other party is taken to admit, for the proceeding only, the stated facts or the authenticity of the stated documents. (sec.49-ssec.3) The other party may, with the leave of the court, commission or registrar, withdraw an admission taken to have been made under subrule (2) .
Evidence may be given by affidavit under a direction of the court, commission or registrar. However, if required by the court, commission or registrar, the person making the affidavit must appear to give evidence or for cross-examination. If the person making the affidavit does not appear as required, the affidavit can not be used in evidence without the leave of the court, commission or registrar. Unless the court, commission or registrar gives leave, an affidavit may be used in a proceeding only if it has been filed. The party filing an affidavit must immediately serve a copy of the affidavit on each other party to the proceeding. (sec.50-ssec.1) Evidence may be given by affidavit under a direction of the court, commission or registrar. (sec.50-ssec.2) However, if required by the court, commission or registrar, the person making the affidavit must appear to give evidence or for cross-examination. (sec.50-ssec.3) If the person making the affidavit does not appear as required, the affidavit can not be used in evidence without the leave of the court, commission or registrar. (sec.50-ssec.4) Unless the court, commission or registrar gives leave, an affidavit may be used in a proceeding only if it has been filed. (sec.50-ssec.5) The party filing an affidavit must immediately serve a copy of the affidavit on each other party to the proceeding.
In an affidavit, a person may only make— for an affidavit supporting an application—statements to the best of the person’s own knowledge, information or belief; or otherwise—statements of facts of the person’s own knowledge.
An affidavit must— be in the approved form; and be in the first person; and identify the person making it; and state the residential or business address or place of employment of the person making it; and be divided into consecutively numbered paragraphs, with each paragraph, as far as practical, confined to a distinct part of the subject matter; and state whether the affidavit is sworn or affirmed; and if the person swears the affidavit for another person or entity—state that the person is authorised to swear it; and state the day on which, and place where, it was sworn; and be signed by the person making the affidavit in the presence of the person authorised to take the affidavit; and be signed on each page by the person making the affidavit and the person taking the affidavit.
A document mentioned in an affidavit and used with the affidavit (an exhibit ) must be an original document unless it is impractical to use the original. A document attached to an affidavit as an exhibit must— be titled in the same way as the affidavit; and contain the file number of the proceeding; and have a certificate, in the approved form, attached to it, signed by the persons swearing and taking the affidavit, to the effect of the following— ‘This is the (document, object, thing etc.) marked ‘A’ mentioned in the affidavit of A.B. sworn before C.D. this .... day of .... 20..’. r 53 amd 2021 SL No. 10 s 18 (sec.53-ssec.1) A document mentioned in an affidavit and used with the affidavit (an exhibit ) must be an original document unless it is impractical to use the original. (sec.53-ssec.2) A document attached to an affidavit as an exhibit must— be titled in the same way as the affidavit; and contain the file number of the proceeding; and have a certificate, in the approved form, attached to it, signed by the persons swearing and taking the affidavit, to the effect of the following— ‘This is the (document, object, thing etc.) marked ‘A’ mentioned in the affidavit of A.B. sworn before C.D. this .... day of .... 20..’.
Any interlineation, erasure or other alteration in an affidavit must be initialled by— the person making the affidavit; and the person taking the affidavit.
If an affidavit is sworn by a person who is incapable of reading the affidavit or physically incapable of signing it, the person taking the affidavit must certify— that fact; and that the affidavit was read or otherwise communicated in the presence of the person making the affidavit; and that the person seemed to understand the affidavit; and that the person signified that the person made the affidavit. The affidavit can not be used in evidence without the certificate unless the court, commission or registrar decides otherwise. (sec.55-ssec.1) If an affidavit is sworn by a person who is incapable of reading the affidavit or physically incapable of signing it, the person taking the affidavit must certify— that fact; and that the affidavit was read or otherwise communicated in the presence of the person making the affidavit; and that the person seemed to understand the affidavit; and that the person signified that the person made the affidavit. (sec.55-ssec.2) The affidavit can not be used in evidence without the certificate unless the court, commission or registrar decides otherwise.
If an affidavit must be filed within a particular time, an affidavit filed after that time can not be used in evidence unless the court, commission or registrar otherwise decides, with or without conditions.
If there is scandalous or oppressive matter in an affidavit, the court, commission or registrar may order that— the affidavit be removed from the file; or the affidavit be removed from the file and destroyed; or the scandalous or oppressive matter be struck out.
On the request of a party, a member of the commission or the registrar may issue an attendance notice to a person. A member of the commission or the registrar may refuse a request of a party to issue an attendance notice requiring a person, who is a non-party to the proceeding, to produce a stated document if satisfied— the party could require the production of the document under subdivision 7A ; and the party has not made reasonable attempts, under subdivision 7A , to obtain the document. On the direction of a member of the commission, the registrar must issue an attendance notice to a person. For subrule (1) , a request for an attendance notice must— be in the approved form; and state the name or designation by office or position of the person to whom the attendance notice is directed, unless the court, commission or registrar otherwise directs; and be filed; and be accompanied by a draft of the attendance notice, in the approved form, that is requested. An attendance notice, other than an attendance notice for a compulsory conference, may only be directed to a single person. The name or designation by office or position of the person to whom an attendance notice is directed must be stated in the notice before it is issued. r 58 amd 2014 SL No. 143 s 11 ; 2017 SL No. 26 s 12 (sec.58-ssec.1) On the request of a party, a member of the commission or the registrar may issue an attendance notice to a person. (sec.58-ssec.2) A member of the commission or the registrar may refuse a request of a party to issue an attendance notice requiring a person, who is a non-party to the proceeding, to produce a stated document if satisfied— the party could require the production of the document under subdivision 7A ; and the party has not made reasonable attempts, under subdivision 7A , to obtain the document. (sec.58-ssec.3) On the direction of a member of the commission, the registrar must issue an attendance notice to a person. (sec.58-ssec.4) For subrule (1) , a request for an attendance notice must— be in the approved form; and state the name or designation by office or position of the person to whom the attendance notice is directed, unless the court, commission or registrar otherwise directs; and be filed; and be accompanied by a draft of the attendance notice, in the approved form, that is requested. (sec.58-ssec.5) An attendance notice, other than an attendance notice for a compulsory conference, may only be directed to a single person. (sec.58-ssec.6) The name or designation by office or position of the person to whom an attendance notice is directed must be stated in the notice before it is issued.
An attendance notice requiring a person to produce a stated document or thing must— adequately describe the document or thing; and contain a notice, in the approved form, telling the person that the person has the right to apply to the court or commission to have the attendance notice set aside on any sufficient grounds, including, for example— the document or thing is not directly relevant to the proceedings; or privilege; or oppressiveness, including oppressiveness because substantial expense may be incurred that may not be reimbursed; or noncompliance with these rules. r 59 amd 2021 SL No. 10 s 19
This rule applies in relation to a document or thing produced to the court, commission or registrar, whether produced voluntarily or under an attendance notice. The document or thing may be inspected by the court, commission or registrar. The registrar may allow a party to the proceeding to inspect the document or thing unless 1 or more of the following persons objects to the inspection under rule 60A — the person who produced the document or thing; another party to the proceeding; another person with a sufficient interest in the document or thing. A person other than a party may inspect the document or thing only if— the court or commission gives leave for the inspection; and the inspection is in accordance with the leave. Subrule (4) applies subject to rule 60A . Information obtained from the document or thing must not be made public without the permission of the court, commission or registrar. If the court, commission or registrar considers that part of a document does not relate to a matter in issue, the court, commission or registrar may order that the part be closed. r 60 sub 2021 SL No. 10 s 20 (sec.60-ssec.1) This rule applies in relation to a document or thing produced to the court, commission or registrar, whether produced voluntarily or under an attendance notice. (sec.60-ssec.2) The document or thing may be inspected by the court, commission or registrar. (sec.60-ssec.3) The registrar may allow a party to the proceeding to inspect the document or thing unless 1 or more of the following persons objects to the inspection under rule 60A — the person who produced the document or thing; another party to the proceeding; another person with a sufficient interest in the document or thing. (sec.60-ssec.4) A person other than a party may inspect the document or thing only if— the court or commission gives leave for the inspection; and the inspection is in accordance with the leave. (sec.60-ssec.5) Subrule (4) applies subject to rule 60A . (sec.60-ssec.6) Information obtained from the document or thing must not be made public without the permission of the court, commission or registrar. (sec.60-ssec.7) If the court, commission or registrar considers that part of a document does not relate to a matter in issue, the court, commission or registrar may order that the part be closed.
This rule applies in relation to a document or thing produced to the court, commission or registrar, whether produced voluntarily or under an attendance notice. If the person producing the document or thing objects to it being inspected by a party to the proceeding, the person must, when producing the document or thing, give the registrar written notice of the objection and the grounds of the objection. If a party to the proceeding, or a person having a sufficient interest in the document or thing, objects to the document or thing being inspected by another person, the party or person may give the registrar written notice of the objection and the grounds of the objection. On receiving a notice of objection under subrule (2) or (3) , the registrar— must give written notice of the objection to the party on whose behalf the attendance notice was issued; and must not allow any person to inspect, or further inspect, the document or thing. The party on whose behalf the attendance notice was issued may, on reasonable notice to the person who gave the notice of objection, apply to the court or commission for a decision about the objection. r 60A ins 2021 SL No. 10 s 20 (sec.60A-ssec.1) This rule applies in relation to a document or thing produced to the court, commission or registrar, whether produced voluntarily or under an attendance notice. (sec.60A-ssec.2) If the person producing the document or thing objects to it being inspected by a party to the proceeding, the person must, when producing the document or thing, give the registrar written notice of the objection and the grounds of the objection. (sec.60A-ssec.3) If a party to the proceeding, or a person having a sufficient interest in the document or thing, objects to the document or thing being inspected by another person, the party or person may give the registrar written notice of the objection and the grounds of the objection. (sec.60A-ssec.4) On receiving a notice of objection under subrule (2) or (3) , the registrar— must give written notice of the objection to the party on whose behalf the attendance notice was issued; and must not allow any person to inspect, or further inspect, the document or thing. (sec.60A-ssec.5) The party on whose behalf the attendance notice was issued may, on reasonable notice to the person who gave the notice of objection, apply to the court or commission for a decision about the objection.
The court, commission or registrar may, by order, set aside part or all of an attendance notice.
A person who attends before the court, commission or registrar under an attendance notice is entitled to— the person’s reasonable expenses of travelling to attend; and the allowance payable to a witness in a civil action in the Supreme Court. If a party requested the person’s attendance, the party must pay the expenses and allowance to the person a reasonable period before the day the person is required to attend. The court, commission or registrar may treat the failure of a party to pay the person’s expenses or allowance under subrule (2) as a lawful excuse for failure to comply with the attendance notice. r 62 amd 2021 SL No. 10 s 21 (sec.62-ssec.1) A person who attends before the court, commission or registrar under an attendance notice is entitled to— the person’s reasonable expenses of travelling to attend; and the allowance payable to a witness in a civil action in the Supreme Court. (sec.62-ssec.2) If a party requested the person’s attendance, the party must pay the expenses and allowance to the person a reasonable period before the day the person is required to attend. (sec.62-ssec.3) The court, commission or registrar may treat the failure of a party to pay the person’s expenses or allowance under subrule (2) as a lawful excuse for failure to comply with the attendance notice.
This rule applies if the person named in an attendance notice requiring the production of a document or thing is not a party to the proceeding. Unless the court, commission or registrar otherwise directs, the attendance notice must permit the person to produce, not less than 2 business days before the day production is required, the document or thing at the registry. If a document or thing is produced at the registry under subrule (2) , the appropriate officer of the court or commission must— issue a receipt; and notify the party who requested production of the document or thing that it has been produced at the registry; and deal with the document or thing as the court or commission directs. An attendance notice that only requires production of a document or thing may be satisfied by an agent of the person named in the notice producing the document or thing to the court or commission. r 63 amd 2021 SL No. 10 s 22 (sec.63-ssec.1) This rule applies if the person named in an attendance notice requiring the production of a document or thing is not a party to the proceeding. (sec.63-ssec.2) Unless the court, commission or registrar otherwise directs, the attendance notice must permit the person to produce, not less than 2 business days before the day production is required, the document or thing at the registry. (sec.63-ssec.3) If a document or thing is produced at the registry under subrule (2) , the appropriate officer of the court or commission must— issue a receipt; and notify the party who requested production of the document or thing that it has been produced at the registry; and deal with the document or thing as the court or commission directs. (sec.63-ssec.4) An attendance notice that only requires production of a document or thing may be satisfied by an agent of the person named in the notice producing the document or thing to the court or commission.
An attendance notice must be served on the person to whom it is directed. For the ways in which an attendance notice may be served, see section 528 of the Act and rule 28 . r 64 sub 2017 SL No. 26 s 13
In this subdivision— hearing , for a proceeding, means the hearing of the originating application for the proceeding. industrial tribunal means— for a proceeding before the court—the court; or for a proceeding before the commission—the commission; or for a proceeding before the registrar—the registrar. non-party see rule 64B (1) . notice means a notice of non-party production under rule 64B . objector ... r 64A def objector om 2017 SL No. 26 s 14 originating application , for a proceeding, means the application starting the proceeding. For references to applications under this part, see rule 4 . r 64A ins 2014 SL No. 143 s 12
A party to a proceeding may, by notice of non-party production, require a person who is not party to the proceeding (the non-party ) to produce to the party, within 14 days after service of the notice on the non-party, a document— directly relevant to a matter in issue in the proceeding; and in the possession or under the control of the non-party; and that is a document the non-party could be required to produce at the hearing for the proceeding. The party may not require production of a document if there is available to the party another reasonably simple and inexpensive way of proving the matter sought to be proved by the document. The non-party must comply with the notice but not before the end of 7 days after service of the notice on the non-party. The requirement, under this rule, for a non-party to produce a document is not an ongoing duty. r 64B ins 2014 SL No. 143 s 12 (sec.64B-ssec.1) A party to a proceeding may, by notice of non-party production, require a person who is not party to the proceeding (the non-party ) to produce to the party, within 14 days after service of the notice on the non-party, a document— directly relevant to a matter in issue in the proceeding; and in the possession or under the control of the non-party; and that is a document the non-party could be required to produce at the hearing for the proceeding. (sec.64B-ssec.2) The party may not require production of a document if there is available to the party another reasonably simple and inexpensive way of proving the matter sought to be proved by the document. (sec.64B-ssec.3) The non-party must comply with the notice but not before the end of 7 days after service of the notice on the non-party. (sec.64B-ssec.4) The requirement, under this rule, for a non-party to produce a document is not an ongoing duty.
A notice must— state the matter in issue in the proceeding about which the document sought is directly relevant; and be in the approved form; and be served on the non-party. However, the party may serve the non-party only after the party has served all other persons who are required to be served under rule 64D . r 64C ins 2014 SL No. 143 s 12 (sec.64C-ssec.1) A notice must— state the matter in issue in the proceeding about which the document sought is directly relevant; and be in the approved form; and be served on the non-party. (sec.64C-ssec.2) However, the party may serve the non-party only after the party has served all other persons who are required to be served under rule 64D .
The party must serve a copy of the notice on— a person, other than a party and the non-party, about whom information is sought by the notice; and if the party knows the non-party does not own a document required to be produced—the owner of the document. Subrule (1) does not apply if the party’s lawyer— believes, on reasonable grounds, that a person who would otherwise be required to be served under subrule (1) is likely to fabricate evidence or perpetrate fraud if the person becomes aware of the notice; and has completed a certificate in the approved form stating that the lawyer has that belief and that the interests of justice are likely to be jeopardised if the person were served with the notice. A certificate by the party’s lawyer under subrule (2) must be tendered to the industrial tribunal at the hearing for the proceeding. Further, subrule (1) (b) does not apply if, after reasonable inquiries, the party can not identify the owner of the document. The party must write the name and address of anyone who must be served under this rule on the notice and on all copies of the notice. r 64D ins 2014 SL No. 143 s 12 (sec.64D-ssec.1) The party must serve a copy of the notice on— a person, other than a party and the non-party, about whom information is sought by the notice; and if the party knows the non-party does not own a document required to be produced—the owner of the document. (sec.64D-ssec.2) Subrule (1) does not apply if the party’s lawyer— believes, on reasonable grounds, that a person who would otherwise be required to be served under subrule (1) is likely to fabricate evidence or perpetrate fraud if the person becomes aware of the notice; and has completed a certificate in the approved form stating that the lawyer has that belief and that the interests of justice are likely to be jeopardised if the person were served with the notice. (sec.64D-ssec.3) A certificate by the party’s lawyer under subrule (2) must be tendered to the industrial tribunal at the hearing for the proceeding. (sec.64D-ssec.4) Further, subrule (1) (b) does not apply if, after reasonable inquiries, the party can not identify the owner of the document. (sec.64D-ssec.5) The party must write the name and address of anyone who must be served under this rule on the notice and on all copies of the notice.
The non-party, or a person who has been served with a copy of the notice under rule 64D , may object to the production of some or all of the documents mentioned in the notice within 7 days after its service or, with the leave of the industrial tribunal, a later time. Also, another person who would be affected by the notice and who has not been served may object to the production of some or all of the documents mentioned in the notice at any time with the leave of the industrial tribunal. The objection must— be written; and be served on the party; and if the person objecting (the objector ) is not the non-party—be served on the non-party; and clearly state the reasons for the objection. The reasons may include, but are not limited to, the following— if the objector is the non-party—the expense and inconvenience likely to be incurred by the non-party in complying with the notice; the lack of relevance to the proceeding of the documents mentioned in the notice; the lack of particularity with which the documents are described; a claim of privilege; the confidential nature of the documents or their contents; the effect production would have on any person; if the objector was not served with the notice—the fact that the objector should have been served. r 64E ins 2014 SL No. 143 s 12 (sec.64E-ssec.1) The non-party, or a person who has been served with a copy of the notice under rule 64D , may object to the production of some or all of the documents mentioned in the notice within 7 days after its service or, with the leave of the industrial tribunal, a later time. (sec.64E-ssec.2) Also, another person who would be affected by the notice and who has not been served may object to the production of some or all of the documents mentioned in the notice at any time with the leave of the industrial tribunal. (sec.64E-ssec.3) The objection must— be written; and be served on the party; and if the person objecting (the objector ) is not the non-party—be served on the non-party; and clearly state the reasons for the objection. (sec.64E-ssec.4) The reasons may include, but are not limited to, the following— if the objector is the non-party—the expense and inconvenience likely to be incurred by the non-party in complying with the notice; the lack of relevance to the proceeding of the documents mentioned in the notice; the lack of particularity with which the documents are described; a claim of privilege; the confidential nature of the documents or their contents; the effect production would have on any person; if the objector was not served with the notice—the fact that the objector should have been served.
Service of an objection under rule 64E operates as a stay of the notice. r 64F ins 2014 SL No. 143 s 12
Within 7 days after service of an objection under rule 64E , the party may apply to the industrial tribunal for a decision about the objection. The industrial tribunal may make any order it considers appropriate including, but not limited to, an order— lifting the stay; or varying the notice; or setting aside the notice. Unless the industrial tribunal otherwise orders, each party to an application to decide an objection must bear the party’s own costs of the application. r 64G ins 2014 SL No. 143 s 12 (sec.64G-ssec.1) Within 7 days after service of an objection under rule 64E , the party may apply to the industrial tribunal for a decision about the objection. (sec.64G-ssec.2) The industrial tribunal may make any order it considers appropriate including, but not limited to, an order— lifting the stay; or varying the notice; or setting aside the notice. (sec.64G-ssec.3) Unless the industrial tribunal otherwise orders, each party to an application to decide an objection must bear the party’s own costs of the application.
Unless the operation of a notice is stayed, and subject to any order under rule 64G (2) , the non-party must produce the document specified in the notice for inspection by the party at the place of business of the non-party, or the non-party’s lawyer, within ordinary business hours or at another place or time agreed by the party and the non-party. If the non-party does not comply with subrule (1) , the party may apply to the industrial tribunal who may order compliance and make another order the industrial tribunal considers appropriate. The party may copy a document produced under this subdivision. r 64H ins 2014 SL No. 143 s 12 (sec.64H-ssec.1) Unless the operation of a notice is stayed, and subject to any order under rule 64G (2) , the non-party must produce the document specified in the notice for inspection by the party at the place of business of the non-party, or the non-party’s lawyer, within ordinary business hours or at another place or time agreed by the party and the non-party. (sec.64H-ssec.2) If the non-party does not comply with subrule (1) , the party may apply to the industrial tribunal who may order compliance and make another order the industrial tribunal considers appropriate. (sec.64H-ssec.3) The party may copy a document produced under this subdivision.
Subject to rule 64G (3) , the party must pay the non-party’s reasonable expenses of producing a document. Within 1 month after producing a document, the non-party must give to the party written notice of the non-party’s reasonable expenses of producing it. Unless the industrial tribunal otherwise orders, the party may apply to the registrar within 1 month after receiving written notice under subrule (2) for assessment of the expenses. r 64I ins 2014 SL No. 143 s 12 amd 2022 SL No. 100 s 5 (sec.64I-ssec.1) Subject to rule 64G (3) , the party must pay the non-party’s reasonable expenses of producing a document. (sec.64I-ssec.2) Within 1 month after producing a document, the non-party must give to the party written notice of the non-party’s reasonable expenses of producing it. (sec.64I-ssec.3) Unless the industrial tribunal otherwise orders, the party may apply to the registrar within 1 month after receiving written notice under subrule (2) for assessment of the expenses.
An applicant in a proceeding before the court or commission may at any time request the court or commission in writing to fix a time, date and place for the hearing of the application. The court or commission may fix a time, date and place if the court or commission— is satisfied all necessary procedures have been completed; or otherwise considers it appropriate. The registrar must give the applicant and other parties to the proceeding notice of the time, date and place as soon as practicable after they are fixed. The notice may be given orally or in writing. (sec.65-ssec.1) An applicant in a proceeding before the court or commission may at any time request the court or commission in writing to fix a time, date and place for the hearing of the application. (sec.65-ssec.2) The court or commission may fix a time, date and place if the court or commission— is satisfied all necessary procedures have been completed; or otherwise considers it appropriate. (sec.65-ssec.3) The registrar must give the applicant and other parties to the proceeding notice of the time, date and place as soon as practicable after they are fixed. (sec.65-ssec.4) The notice may be given orally or in writing.
The commission may hear and decide an application made under section 476 of the Act in the respondent’s absence if the commission is satisfied— the application contained a warning that the application may be dealt with in the respondent’s absence; and the applicant has proved service of the application on the respondent; and the application contains sufficient particulars relied on in support of the application. r 66 amd 2017 SL No. 26 s 15
This rule applies if the commission makes an order under section 475 of the Act in the respondent’s absence. The respondent may apply to the commission to rehear the application. The application to rehear may only be made within 30 days of the decision or order in the proceeding being made or released, whichever is the later. If the commission is satisfied it is necessary in the interests of justice for the application to be reheard, the commission may rehear the application. r 67 amd 2017 SL No. 26 s 16 (sec.67-ssec.1) This rule applies if the commission makes an order under section 475 of the Act in the respondent’s absence. (sec.67-ssec.2) The respondent may apply to the commission to rehear the application. (sec.67-ssec.3) The application to rehear may only be made within 30 days of the decision or order in the proceeding being made or released, whichever is the later. (sec.67-ssec.4) If the commission is satisfied it is necessary in the interests of justice for the application to be reheard, the commission may rehear the application.
An applicant for a proceeding may ask to be allowed to discontinue the proceeding by filing a written request in the approved form. When filing the request, the applicant must serve a copy of the request on each of the other parties to the proceeding. A party may object to the discontinuance by notice to the registrar within 14 days after being served with the request to discontinue. If no party objects within the 14 days, the court, commission or registrar may allow the proceeding to be discontinued. If a proceeding is allowed to be discontinued, the court, commission or registrar must note the file to that effect. If a party objects to the discontinuance under subrule (3) , the court, commission or registrar may allow or disallow the request for discontinuance on the terms the court, commission or registrar considers appropriate. r 68 amd 2017 SL No. 26 s 17 ; 2021 SL No. 10 s 24 ; 2022 SL No. 100 s 6 (sec.68-ssec.1) An applicant for a proceeding may ask to be allowed to discontinue the proceeding by filing a written request in the approved form. (sec.68-ssec.2) When filing the request, the applicant must serve a copy of the request on each of the other parties to the proceeding. (sec.68-ssec.3) A party may object to the discontinuance by notice to the registrar within 14 days after being served with the request to discontinue. (sec.68-ssec.4) If no party objects within the 14 days, the court, commission or registrar may allow the proceeding to be discontinued. (sec.68-ssec.5) If a proceeding is allowed to be discontinued, the court, commission or registrar must note the file to that effect. (sec.68-ssec.6) If a party objects to the discontinuance under subrule (3) , the court, commission or registrar may allow or disallow the request for discontinuance on the terms the court, commission or registrar considers appropriate.
An applicant in a proceeding may, at any time, ask to be allowed to discontinue the proceeding by oral application. The court, commission or registrar may allow the applicant to discontinue the proceeding on the terms the court, commission or registrar considers appropriate. r 69 amd 2021 SL No. 10 s 25 sub 2022 SL No. 100 s 7 (sec.69-ssec.1) An applicant in a proceeding may, at any time, ask to be allowed to discontinue the proceeding by oral application. (sec.69-ssec.2) The court, commission or registrar may allow the applicant to discontinue the proceeding on the terms the court, commission or registrar considers appropriate.
This rule applies if the court or commission makes an order for costs under section 545 of the Act or the Work Health and Safety Act 2011 , section 229EA . The court or commission, in making the order, may have regard to— for a proceeding before the commission—the costs payable on the scale of costs for Magistrates Courts under the Uniform Civil Procedure Rules 1999 , schedule 2 ; or for a proceeding before the court or the full bench—the costs payable on the scale of costs for the Supreme Court and District Court under the Uniform Civil Procedure Rules 1999 , schedule 1 ; or any other relevant factor. The court may order that costs be assessed by the registrar and, in assessing costs, the registrar may have regard to the Uniform Civil Procedure Rules 1999 , chapter 17A . r 70 amd 2017 SL No. 26 s 18 ; 2018 SL No. 127 s 40 ; 2024 SL No. 128 s 4 (sec.70-ssec.1) This rule applies if the court or commission makes an order for costs under section 545 of the Act or the Work Health and Safety Act 2011 , section 229EA . (sec.70-ssec.2) The court or commission, in making the order, may have regard to— for a proceeding before the commission—the costs payable on the scale of costs for Magistrates Courts under the Uniform Civil Procedure Rules 1999 , schedule 2 ; or for a proceeding before the court or the full bench—the costs payable on the scale of costs for the Supreme Court and District Court under the Uniform Civil Procedure Rules 1999 , schedule 1 ; or any other relevant factor. (sec.70-ssec.3) The court may order that costs be assessed by the registrar and, in assessing costs, the registrar may have regard to the Uniform Civil Procedure Rules 1999 , chapter 17A .
A certificate under section 546 of the Act must be in the approved form. r 71 amd 2017 SL No. 26 s 19
An application for a declaration about an industrial matter under section 463 of the Act must be in the approved form and state— the declaration sought; and the industrial matter about which the declaration is sought; and the facts relied on; and any consequential relief claimed if the declaration is made. r 72 amd 2017 SL No. 26 s 20 ; 2021 SL No. 10 s 55
An application for an order under section 465 of the Act must be in the approved form and state— the class of persons to be declared employees; and the work performed by the persons; and the industry in which the work is performed; and the nature and effect of the contract for services under which the work is performed; and the person to be declared an employer of the employees. r 73 amd 2017 SL No. 26 s 21 ; 2021 SL No. 10 s 55
An application to amend or declare void a contract under section 471 must be in the approved form and state how the contract to which the application relates— is a contract of service not covered by an industrial instrument; or is a contract for services. The application must also state— how the contract conditions are harsh, unconscionable or unfair; or how the contract is against the public interest; or how the contract provides, or has provided, a total remuneration of less than that which a person performing the work as an employee would receive under an industrial instrument or the Act ; or how the contract is designed to, or does, avoid the provisions of an industrial instrument. An affidavit contained in or accompanying the application must state that the applicant— has not made an application under section 317 of the Act for the same matter; and is not a person mentioned in section 472 (2) (b) of the Act . If the contract for services or contract of service is written or partly written, it must be attached as an exhibit to the affidavit. r 74 amd 2017 SL No. 26 s 22 ; 2021 SL No. 10 s 55 (sec.74-ssec.1) An application to amend or declare void a contract under section 471 must be in the approved form and state how the contract to which the application relates— is a contract of service not covered by an industrial instrument; or is a contract for services. (sec.74-ssec.2) The application must also state— how the contract conditions are harsh, unconscionable or unfair; or how the contract is against the public interest; or how the contract provides, or has provided, a total remuneration of less than that which a person performing the work as an employee would receive under an industrial instrument or the Act ; or how the contract is designed to, or does, avoid the provisions of an industrial instrument. (sec.74-ssec.3) An affidavit contained in or accompanying the application must state that the applicant— has not made an application under section 317 of the Act for the same matter; and is not a person mentioned in section 472 (2) (b) of the Act . (sec.74-ssec.4) If the contract for services or contract of service is written or partly written, it must be attached as an exhibit to the affidavit.
An application for an injunction under section 473 of the Act must— be in the approved form; and state the facts relied on. r 75 amd 2017 SL No. 26 s 23 ; 2021 SL No. 10 s 55
An application for an order for the payment of an amount under section 475 of the Act must be in the approved form and— state the industrial instrument involved or other basis for the claim; and state the nature of the work undertaken by the employee the subject of the claim; and state that the applicant, and any other person eligible to make an application section 476 (2) of the Act in relation to the employee, has not made an application under section 379 , 386 or 396 of the Act for the same matter; and state details, in itemised form, of the claim; and state the dates the amounts claimed became payable; and state the total amount claimed; and Under section 476 (1) of the Act , a claim can not be made for more than $50,000. show how each calculation was made; and provide the following information— the employer’s name, address and telephone and fax number (if any); if the employer is a business—a contact name for the employer; if the employer has no telephone—a way the employer may be contacted by telephone. If the application is by a trainee or apprentice, that fact must be stated in the application or affidavit accompanying it. r 76 amd 2013 SL No. 73 s 6 ; 2017 SL No. 26 s 24 (sec.76-ssec.1) An application for an order for the payment of an amount under section 475 of the Act must be in the approved form and— state the industrial instrument involved or other basis for the claim; and state the nature of the work undertaken by the employee the subject of the claim; and state that the applicant, and any other person eligible to make an application section 476 (2) of the Act in relation to the employee, has not made an application under section 379 , 386 or 396 of the Act for the same matter; and state details, in itemised form, of the claim; and state the dates the amounts claimed became payable; and state the total amount claimed; and Under section 476 (1) of the Act , a claim can not be made for more than $50,000. show how each calculation was made; and provide the following information— the employer’s name, address and telephone and fax number (if any); if the employer is a business—a contact name for the employer; if the employer has no telephone—a way the employer may be contacted by telephone. (sec.76-ssec.2) If the application is by a trainee or apprentice, that fact must be stated in the application or affidavit accompanying it.
An application for an order about a demarcation dispute under section 479 of the Act must be in the approved form. r 77 amd 2017 SL No. 26 s 25 ; 2021 SL No. 10 s 55 ; 2023 SL No. 157 s 6
An application to reopen proceedings under section 484 of the Act must be in the approved form and state the grounds relied on. r 78 amd 2017 SL No. 26 s 26 ; 2021 SL No. 10 s 55
An application to refer a matter to the full bench under section 486 (4) of the Act must be in the approved form, unless the president or registrar allows otherwise. r 79 amd 2012 Act No. 22 s 27 ; 2015 Act No. 13 s 37BB ; 2017 SL No. 26 s 27 ; 2021 SL No. 10 s 55
An application for an interpretation of an industrial instrument under section 467 of the Act must— be in the approved form; and state the title of any relevant Act, industrial instrument or related document and the number of the section or clause under which the question arises; and state the questions to be answered; and be accompanied by a statement, signed by all parties to the proceeding, of the agreed facts relied on for the application. Subrule (1) (d) does not apply to an application by an inspector relating to an alleged ambiguity. r 80 amd 2017 SL No. 26 s 28 ; 2021 SL No. 10 s 55 (sec.80-ssec.1) An application for an interpretation of an industrial instrument under section 467 of the Act must— be in the approved form; and state the title of any relevant Act, industrial instrument or related document and the number of the section or clause under which the question arises; and state the questions to be answered; and be accompanied by a statement, signed by all parties to the proceeding, of the agreed facts relied on for the application. (sec.80-ssec.2) Subrule (1) (d) does not apply to an application by an inspector relating to an alleged ambiguity.
An application under the Anti-Discrimination Act 1991 , section 113 for an exemption, or renewal of an exemption, from the operation of a specified provision of that Act must— be in the approved form; and state— the provision of that Act from which an exemption is sought; and the period, or further period, for which the exemption is sought; and the person, people or class of people for whom the exemption is sought; and the grounds on which the application is made; and be accompanied by a statement made by, or for, the applicant setting out detailed information in support of the application. r 80A ins 2017 SL No. 26 s 29
This rule applies if a person applies to the commission for an order under the Anti-Discrimination Act 1991 , section 144 in relation to a complaint under that Act. The application must be in the approved form and served at least 2 days before the commission hears the application. The applicant must also serve the application and any documents filed in support of the application on— if the applicant is the complainant—the human rights commissioner; or if the applicant is the human rights commissioner—the complainant. If the commission is satisfied exceptional circumstances exist in relation to the application, the commission may hear the application even if the applicant has not complied with rule 24 or subrule (3) . In this rule— complainant see the Anti-Discrimination Act 1991 , schedule. r 80B ins 2017 SL No. 26 s 29 amd 2019 Act No. 5 s 146 (sec.80B-ssec.1) This rule applies if a person applies to the commission for an order under the Anti-Discrimination Act 1991 , section 144 in relation to a complaint under that Act. (sec.80B-ssec.2) The application must be in the approved form and served at least 2 days before the commission hears the application. (sec.80B-ssec.3) The applicant must also serve the application and any documents filed in support of the application on— if the applicant is the complainant—the human rights commissioner; or if the applicant is the human rights commissioner—the complainant. (sec.80B-ssec.4) If the commission is satisfied exceptional circumstances exist in relation to the application, the commission may hear the application even if the applicant has not complied with rule 24 or subrule (3) . (sec.80B-ssec.5) In this rule— complainant see the Anti-Discrimination Act 1991 , schedule.
If the commission makes an order under the Anti-Discrimination Act 1991 , section 144 in relation to a complaint under that Act, the applicant must promptly give a copy of the order to— each party to the proceeding; and the human rights commissioner, if the applicant is not the human rights commissioner; and any other person the commission directs to be given a copy of the order. However, the commission may order the registrar to give a copy of the order to a person mentioned in subrule (1) or may order that the copy be given to the person in a particular way. If the commission orders the registrar to give a copy of the order to a person mentioned in subrule (1) , the applicant is exempt from the requirement to give the order to the person under the subrule. r 80C ins 2017 SL No. 26 s 29 amd 2019 Act No. 5 s 147 (sec.80C-ssec.1) If the commission makes an order under the Anti-Discrimination Act 1991 , section 144 in relation to a complaint under that Act, the applicant must promptly give a copy of the order to— each party to the proceeding; and the human rights commissioner, if the applicant is not the human rights commissioner; and any other person the commission directs to be given a copy of the order. (sec.80C-ssec.2) However, the commission may order the registrar to give a copy of the order to a person mentioned in subrule (1) or may order that the copy be given to the person in a particular way. (sec.80C-ssec.3) If the commission orders the registrar to give a copy of the order to a person mentioned in subrule (1) , the applicant is exempt from the requirement to give the order to the person under the subrule.
This rule applies to an application for a review of the human rights commissioner’s decision about a complaint lapsing under the Anti-Discrimination Act 1991 , section 169 . The application must— be in the approved form; and be accompanied by a written statement by the applicant of the reasons why the human rights commissioner’s decision should be changed. r 80D ins 2017 SL No. 26 s 29 amd 2019 Act No. 5 s 148 (sec.80D-ssec.1) This rule applies to an application for a review of the human rights commissioner’s decision about a complaint lapsing under the Anti-Discrimination Act 1991 , section 169 . (sec.80D-ssec.2) The application must— be in the approved form; and be accompanied by a written statement by the applicant of the reasons why the human rights commissioner’s decision should be changed.
This section applies if the commission gives a party to a proceeding under the Anti-Discrimination Act 1991 written reasons for a decision in the proceeding. The commission must also give a copy of the reasons to— each other party to the proceeding who has not already been given a copy of the reasons; and the human rights commissioner, if the commissioner has not already been given a copy of the reasons. r 80E ins 2017 SL No. 26 s 29 amd 2019 Act No. 5 s 149 (sec.80E-ssec.1) This section applies if the commission gives a party to a proceeding under the Anti-Discrimination Act 1991 written reasons for a decision in the proceeding. (sec.80E-ssec.2) The commission must also give a copy of the reasons to— each other party to the proceeding who has not already been given a copy of the reasons; and the human rights commissioner, if the commissioner has not already been given a copy of the reasons.
An application for an injunction under the Public Interest Disclosure Act 2010 , section 48 must— be in the approved form; and state the facts relied on. r 81 amd 2021 SL No. 10 s 55
r 82 om 2014 SL No. 143 s 13
An application for an order that an employer reinstate a worker to the worker’s former position under the Workers’ Compensation and Rehabilitation Act 2003 , section 232E must— be in the approved form; and state the date of the injury; and state the worker’s former position. r 83 amd 2021 SL No. 10 s 55
An application to disqualify a health and safety representative under the Work Health and Safety Act 2011 , section 65 must— be in the approved form; and state the ground for the application. See the Work Health and Safety Act 2011 , section 65 (1) for the grounds for the application. r 84 amd 2021 SL No. 10 s 55
An application to revoke a WHS entry permit under the Work Health and Safety Act 2011 , section 138 must— be in the approved form; and state the grounds for the application. See the Work Health and Safety Act 2011 , section 138 (2) for the grounds for the application.
A show cause notice under the Work Health and Safety Act 2011 , section 139 (1) (a) must be in the approved form. See also the Work Health and Safety Act 2011 , section 139 (2) for other requirements about the show cause notice.
An application under the Work Health and Safety Act 2011 , section 142 (4) (b) for the commission to deal with a dispute about the exercise or purported exercise by a WHS entry permit holder of a right of entry under that Act must be in the approved form.
For a matter in which the registrar has jurisdiction under the Act or an enabling Act, including under a reference by the court or commission, the registrar may— call persons by attendance notice; and take affidavits; and examine parties and witnesses; and adjourn a matter or hearing; and amend or give leave to amend an application, notice or other proceeding; and extend the time prescribed for lodging a document or doing an act (whether or not the time has expired); and make an order about the following— an application in a proceeding to be taken before the hearing; the costs of an application in a proceeding; the issues to be submitted to the court or commission; the naming and joining of parties; the persons to be served with notice of a proceeding; particulars of the claims of parties; a notice to admit facts or documents; disclosure; inspection of documents; examination of witnesses; the place, time and nature of a hearing. If the registrar exercises a power under subrule (1) on the application of a party, the registrar may exercise the power on the terms the registrar considers appropriate. (sec.88-ssec.1) For a matter in which the registrar has jurisdiction under the Act or an enabling Act, including under a reference by the court or commission, the registrar may— call persons by attendance notice; and take affidavits; and examine parties and witnesses; and adjourn a matter or hearing; and amend or give leave to amend an application, notice or other proceeding; and extend the time prescribed for lodging a document or doing an act (whether or not the time has expired); and make an order about the following— an application in a proceeding to be taken before the hearing; the costs of an application in a proceeding; the issues to be submitted to the court or commission; the naming and joining of parties; the persons to be served with notice of a proceeding; particulars of the claims of parties; a notice to admit facts or documents; disclosure; inspection of documents; examination of witnesses; the place, time and nature of a hearing. (sec.88-ssec.2) If the registrar exercises a power under subrule (1) on the application of a party, the registrar may exercise the power on the terms the registrar considers appropriate.
This rule provides for the things to be done under section 489 (2) (b) of the Act for the conduct of a secret ballot. Unless the commission otherwise directs, the registrar is the returning officer at the ballot. The returning officer must compile a roll of persons entitled to vote at the ballot from— the registers kept under section 341 or 732 of the Act ; or any other list requested by the returning officer. The returning officer may— appoint presiding officers, poll clerks, scrutineers, and other persons as officers to assist with conducting the ballot; and appoint a person mentioned in paragraph (a) as a deputy returning officer. Only the following persons may enter the ballot room— persons who are present to vote; the returning officer; persons appointed under subrule (4) . The ballot may be taken only by voting papers. The returning officer or deputy returning officer must give a voter— a voting paper in the approved form; and anything else necessary for taking the ballot. A voter is entitled to 1 vote only. The returning officer or deputy returning officer must, as soon as practicable after the poll closes, count the votes received. The returning officer must keep all voting papers, rolls and documents used at the ballot for at least 1 year. r 88A (prev r 184) amd 2017 SL No. 26 s 83 (1) – (2) reloc and renum 2017 SL No. 26 s 83 (3) (sec.88A-ssec.1) This rule provides for the things to be done under section 489 (2) (b) of the Act for the conduct of a secret ballot. (sec.88A-ssec.2) Unless the commission otherwise directs, the registrar is the returning officer at the ballot. (sec.88A-ssec.3) The returning officer must compile a roll of persons entitled to vote at the ballot from— the registers kept under section 341 or 732 of the Act ; or any other list requested by the returning officer. (sec.88A-ssec.4) The returning officer may— appoint presiding officers, poll clerks, scrutineers, and other persons as officers to assist with conducting the ballot; and appoint a person mentioned in paragraph (a) as a deputy returning officer. (sec.88A-ssec.5) Only the following persons may enter the ballot room— persons who are present to vote; the returning officer; persons appointed under subrule (4) . (sec.88A-ssec.6) The ballot may be taken only by voting papers. (sec.88A-ssec.7) The returning officer or deputy returning officer must give a voter— a voting paper in the approved form; and anything else necessary for taking the ballot. (sec.88A-ssec.8) A voter is entitled to 1 vote only. (sec.88A-ssec.9) The returning officer or deputy returning officer must, as soon as practicable after the poll closes, count the votes received. (sec.88A-ssec.10) The returning officer must keep all voting papers, rolls and documents used at the ballot for at least 1 year.
This rule applies if— a person appeals against a decision of the commission made under the Anti-Discrimination Act 1991 ; and the person is not the human rights commissioner. The registrar must give notice of the appeal to the human rights commissioner. r 88B ins 2017 SL No. 26 s 30 amd 2019 Act No. 5 s 150 (sec.88B-ssec.1) This rule applies if— a person appeals against a decision of the commission made under the Anti-Discrimination Act 1991 ; and the person is not the human rights commissioner. (sec.88B-ssec.2) The registrar must give notice of the appeal to the human rights commissioner.
A notice of objection to a proposal to declare an industrial commission order to be obsolete under the Trading (Allowable Hours) Act 1990 , section 31 must— be in the approved form; and state the reasons for the objection.
An application for the issue of a WHS entry permit under the Work Health and Safety Act 2011 , section 131 must be in the approved form. See also rule 10 and the Work Health and Safety Act 2011 , section 131 (2) for other requirements about the application. r 90 amd 2021 SL No. 10 s 26
A person who is not a recorder under the Recording of Evidence Act 1962 must not use a recording device in a proceeding unless the court, commission or registrar allows it.
The court, commission or registrar may, by notice published on the QIRC website, issue practice directions for the guidance of parties to a proceeding. r 92 amd 2021 SL No. 10 s 27
Subject to the Act , an enabling Act or these rules, a party to a proceeding may apply to the court, commission or registrar to extend or shorten the time prescribed for doing anything. The application may be joined with or form part of a document starting a proceeding. If the court, commission or registrar decides to extend or shorten the prescribed time, the court, commission or registrar must give notice of its decision to each party to the proceeding to which the application relates. (sec.93-ssec.1) Subject to the Act , an enabling Act or these rules, a party to a proceeding may apply to the court, commission or registrar to extend or shorten the time prescribed for doing anything. (sec.93-ssec.2) The application may be joined with or form part of a document starting a proceeding. (sec.93-ssec.3) If the court, commission or registrar decides to extend or shorten the prescribed time, the court, commission or registrar must give notice of its decision to each party to the proceeding to which the application relates.
A party to a proceeding must not take an exhibit out of the court, commission or registry other than under an order of the court, commission or registrar.
Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.
These rules may be cited as the Industrial Relations (Tribunals) Rules 2011 .
These rules commence on 1 January 2012. From 1 March 2017, these rules continue to have effect as if they were made under section 551 of the Act —see section 1025 of the Act . r 2 amd 2017 SL No. 26 s 4
The dictionary in schedule 2 defines particular words used in these rules.
A reference in part 2 , other than rule 8 , and in rules 229 to 231 — to an application includes a reference to— a notice of appeal under an appeal Act; and a complaint referral; and to an applicant includes a reference to an appellant to an appeal under an appeal Act. A reference in part 5 to an application to appeal includes a reference to a notice of appeal under an appeal Act. r 4 amd 2017 SL No. 26 s 5 (sec.4-ssec.1) A reference in part 2 , other than rule 8 , and in rules 229 to 231 — to an application includes a reference to— a notice of appeal under an appeal Act; and a complaint referral; and to an applicant includes a reference to an appellant to an appeal under an appeal Act. (sec.4-ssec.2) A reference in part 5 to an application to appeal includes a reference to a notice of appeal under an appeal Act.
These rules apply to a proceeding before the court, the commission, a magistrate or the registrar. For the meaning of magistrate , see the Act , schedule 5 .
The purpose of these rules is to provide for the just and expeditious disposition of the business of the court, the commission, a magistrate and the registrar at a minimum of expense.
Lay out rules for evidence: when affidavits may be used, formalities for affidavits and exhibits, and how evidence is to be treated (including limits on scandalous material). (r 50–r 57, r 53.)
Provide specific regimes for: (a) proceedings in Industrial Magistrates Courts (claims, procedure, summonses and costs) (part 3); (b) Trans‑Tasman matters (service and enforcement with New Zealand) (part 3A); (c) fair work and unpaid amount claims with simplified procedures and conciliation/settlement steps (part 3B); and (d) appeals and Work Health & Safety (WHS) reviews (part 5). (See r 101; r 123D–r 123L; r 123M–r 123Z; r 132–r 139.)
Regulate representation (who may act, notice of appointment/withdrawal/change of lawyer or agent) and bar removed/suspended lawyers from representing parties. (r 124–r 130.)
Prescribe time‑management rules: multiple fixed timeframes for service, responses, objections, show‑cause processes and timeouts that allow registrars/courts to strike out or require a party to show cause after 2 months/6 months/1 year of inaction. (See r 21, r 22, r 49, r 147, r 185A, r 229–r 231.)
Fix fees (schedule 1) and set rules for searching or copying filed records (registrar approval and fees). (r 224–r 225, r 228.)
Who these rules affect
Why it matters (official purpose and practical effects)
Officially: the rules exist to secure “just and expeditious disposition” of tribunal business at minimum expense (r 6). That is implemented by standardising forms, timelines, service and case‑management powers.
Practical effects and the mechanisms that produce them:
Who pays, who decides, and how behaviour changes
Who pays: parties pay filing fees (r 14, sch 1), service charges under r 28, and must meet reasonable expenses of non‑parties compelled to produce documents (r 64I). Parties requesting a witness under an attendance notice must generally pay that witness’s travel and witness allowance (r 62, r 120).
Who decides: the court, the commission, magistrates and the registrar have primary decision‑making authority. The registrar has express powers to manage cases, issue or refuse filing, and to require information (r 88, r 100, r 97). Many decisions (e.g. setting aside attendance notices, disclosure disputes) are operationally allocated to the industrial tribunal or a magistrate (r 61, r 60A, r 64G).
Behavioural change: parties must prepare approved forms, keep documents available at hearings, act quickly to avoid strike‑out, comply with disclosure directions and consider cost exposures when pressing marginal claims. Employers and small businesses that receive attendance notices or non‑party production notices must budget for compliance costs and potential legal objections.
Implementation risks, compliance burden and trade‑offs (short list)
Representative provisions cited for key mechanics
Bottom line
These rules are the operational manual for industrial litigation in the State’s tribunals. They aim to speed and standardise case progression through prescribed forms, time limits and strong case‑management powers, while balancing protections for non‑parties and specified categories of proceedings. The main trade‑offs are procedural certainty and speed versus compliance cost (particularly for small parties and third‑party witnesses) and increased administrative discretion held by registrars and tribunal members. Users should budget for form‑compliance, time limits and possible non‑party costs, and consider the simplified procedures where available (r 123R).
This part applies to a proceeding before the court, commission or registrar.
A proceeding must be started by an application in the approved form. See rule 4 . However, subrule (1) does not apply— to a proceeding started by a notice of appeal under an appeal Act; or if the court, commission, registrar or these rules require otherwise; or to a proceeding started on the initiative of the commission or registrar; or For proceedings started on the initiative of the commission, see rule 99 . to a proceeding started as directed by the Minister under the Act ; or to a proceeding arising out of the giving of a notice of industrial dispute under section 261 of the Act ; or to a proceeding started by a complaint referral. For these rules, each of the following is a document starting a proceeding— an application to appeal; a notice of appeal under an appeal Act; a complaint referral. A notice of appeal under an appeal Act must— for an appeal to the commission under the Workers’ Compensation and Rehabilitation Act 2003 —be in the WCR approved form; or otherwise—be in the approved form. A complaint referral must be in the approved form. A proceeding, other than a proceeding started by a notice of appeal under an appeal Act or an application for a WHS review, starts when the document starting the proceeding— is filed or otherwise received under the Act or these rules; or for a document issued by the court, commission or registrar—is issued. A proceeding started by a notice of appeal under an appeal Act, or an application for a WHS review under the Work Health and Safety Act 2011 , starts as provided under that Act. In this rule— WCR approved form means an approved form for use for notices of appeal to the commission under the Workers’ Compensation and Rehabilitation Act 2003 . r 8 amd 2013 SL No. 73 s 4 ; 2017 SL No. 26 s 6 (sec.8-ssec.1) A proceeding must be started by an application in the approved form. See rule 4 . (sec.8-ssec.2) However, subrule (1) does not apply— to a proceeding started by a notice of appeal under an appeal Act; or if the court, commission, registrar or these rules require otherwise; or to a proceeding started on the initiative of the commission or registrar; or For proceedings started on the initiative of the commission, see rule 99 . to a proceeding started as directed by the Minister under the Act ; or to a proceeding arising out of the giving of a notice of industrial dispute under section 261 of the Act ; or to a proceeding started by a complaint referral. (sec.8-ssec.3) For these rules, each of the following is a document starting a proceeding— an application to appeal; a notice of appeal under an appeal Act; a complaint referral. (sec.8-ssec.4) A notice of appeal under an appeal Act must— for an appeal to the commission under the Workers’ Compensation and Rehabilitation Act 2003 —be in the WCR approved form; or otherwise—be in the approved form. (sec.8-ssec.5) A complaint referral must be in the approved form. (sec.8-ssec.6) A proceeding, other than a proceeding started by a notice of appeal under an appeal Act or an application for a WHS review, starts when the document starting the proceeding— is filed or otherwise received under the Act or these rules; or for a document issued by the court, commission or registrar—is issued. A proceeding started by a notice of appeal under an appeal Act, or an application for a WHS review under the Work Health and Safety Act 2011 , starts as provided under that Act. (sec.8-ssec.7) In this rule— WCR approved form means an approved form for use for notices of appeal to the commission under the Workers’ Compensation and Rehabilitation Act 2003 .
An applicant has carriage of a proceeding unless— the court, commission or registrar orders another person to have the carriage; or the court or commission orders the registrar to have the carriage. The person who has carriage of a proceeding must take all necessary steps in the proceeding until the proceeding is— discontinued by leave of the court, commission or registrar; or finally determined by the court, commission or registrar. (sec.9-ssec.1) An applicant has carriage of a proceeding unless— the court, commission or registrar orders another person to have the carriage; or the court or commission orders the registrar to have the carriage. (sec.9-ssec.2) The person who has carriage of a proceeding must take all necessary steps in the proceeding until the proceeding is— discontinued by leave of the court, commission or registrar; or finally determined by the court, commission or registrar.
An application must— be divided into consecutively numbered paragraphs, each detailing, as far as is convenient, a separate matter; and name the relevant provisions of any legislation or industrial instrument that relates to the application; and state the relief or orders sought; and state any directions required to expedite the proceeding. r 10 amd 2017 SL No. 26 s 7 ; 2021 SL No. 10 s 4
r 11 om 2021 SL No. 10 s 5
Unless otherwise provided by these rules, a document starting a proceeding, or an application in an existing proceeding, must not be filed unless it states— the applicant’s residential or business address; and the applicant’s telephone number (if any); and if the applicant has no telephone number—a way of contacting the applicant by telephone; and the applicant’s fax number (if any); and the applicant’s email address (if any). If a lawyer or agent acts for the applicant, a document starting a proceeding, or an application in an existing proceeding, must not be filed unless it states— the name of— the lawyer, and if the lawyer practises in a firm of lawyers, the name of the firm; or the agent, and if the agent is employed by a business or corporation or operates under a business name, the name of the business or corporation or the business name; and the address of— the lawyer’s place of business; or the agent’s— if the agent has a place of business—place of business; or otherwise—place of residence; and if the address under paragraph (b) is not the applicant’s address for service or is not a Queensland address—an address for service in Queensland; and the lawyer’s or agent’s telephone number, email address and fax number (if any). Under rule 125 , a notice of appointment of agent must be filed and served on all parties to the proceeding. Under rule 126 , a lawyer representing a party or person in the proceeding must file and serve a notice of address for service on all parties to the proceeding. r 12 amd 2021 SL No. 10 s 6 ; 2023 SL No. 157 s 3 (sec.12-ssec.1) Unless otherwise provided by these rules, a document starting a proceeding, or an application in an existing proceeding, must not be filed unless it states— the applicant’s residential or business address; and the applicant’s telephone number (if any); and if the applicant has no telephone number—a way of contacting the applicant by telephone; and the applicant’s fax number (if any); and the applicant’s email address (if any). (sec.12-ssec.2) If a lawyer or agent acts for the applicant, a document starting a proceeding, or an application in an existing proceeding, must not be filed unless it states— the name of— the lawyer, and if the lawyer practises in a firm of lawyers, the name of the firm; or the agent, and if the agent is employed by a business or corporation or operates under a business name, the name of the business or corporation or the business name; and the address of— the lawyer’s place of business; or the agent’s— if the agent has a place of business—place of business; or otherwise—place of residence; and if the address under paragraph (b) is not the applicant’s address for service or is not a Queensland address—an address for service in Queensland; and the lawyer’s or agent’s telephone number, email address and fax number (if any). Under rule 125 , a notice of appointment of agent must be filed and served on all parties to the proceeding. Under rule 126 , a lawyer representing a party or person in the proceeding must file and serve a notice of address for service on all parties to the proceeding.
Unless these rules provide otherwise, a document for filing must— be on A4 (210mm x 297mm) paper; and be on 1 side of the page only; and if typewritten— be in Times New Roman font; and be in 11 point font size; and have only fully justified text; and if not typewritten—be printed in upper case letters; and be clearly legible; and be
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