Industrial Relations (Tribunals) Rules 2011
sec.123AAJoining proceedings
Start here
Get a plain-English read of sec.123AA
Turn the raw legal text into a practical explanation grounded in Industrial Relations (Tribunals) Rules 2011.
sec.123AA Joining proceedings
A magistrate may, on the initiative of the magistrate or on the application of a party to a proceeding, order 2 or more proceedings to be joined if the magistrate considers— substantially the same question is involved in the proceedings; or the decision in 1 proceeding is likely to determine or seriously impact on the other proceeding; or it is otherwise appropriate or desirable. If a party applies for an order under subrule (1) , the party must— serve a copy of the application on all other parties to the proceedings proposed to be joined; and file an affidavit of service of the copy of the application. A magistrate may join proceedings regardless of whether all of the parties to the proceedings consent to the joining. This rule does not limit rule 102 (3) . r 123AA ins 2021 SL No. 10 s 36 (sec.123AA-ssec.1) A magistrate may, on the initiative of the magistrate or on the application of a party to a proceeding, order 2 or more proceedings to be joined if the magistrate considers— substantially the same question is involved in the proceedings; or the decision in 1 proceeding is likely to determine or seriously impact on the other proceeding; or it is otherwise appropriate or desirable. (sec.123AA-ssec.2) If a party applies for an order under subrule (1) , the party must— serve a copy of the application on all other parties to the proceedings proposed to be joined; and file an affidavit of service of the copy of the application. (sec.123AA-ssec.3) A magistrate may join proceedings regardless of whether all of the parties to the proceedings consent to the joining. (sec.123AA-ssec.4) This rule does not limit rule 102 (3) .
- (a) substantially the same question is involved in the proceedings; or
- (b) the decision in 1 proceeding is likely to determine or seriously impact on the other proceeding; or
- (c) it is otherwise appropriate or desirable.
- (a) serve a copy of the application on all other parties to the proceedings proposed to be joined; and
- (b) file an affidavit of service of the copy of the application.