sec.123RParties may elect to apply simplified procedures

sec.123R Parties may elect to apply simplified procedures

This rule applies to a proceeding for an unpaid amount claim in the commission or Industrial Magistrates Court, other than a claim for a relevant amount under section 531 of the Act . The parties to the proceeding may agree to all or part of the simplified procedures applying to the proceeding. The agreement must be— in writing; and filed in the registry. The simplified procedures are that the commission or an Industrial Magistrates Court— is not bound by laws of evidence or procedure applying to a proceeding in the commission or Industrial Magistrates Court; and may inform itself of the facts in any way it considers appropriate; and must observe the rules of natural justice; and must record the reasons for its decision. The simplified procedures apply to the proceeding to the extent agreed. The commission or Industrial Magistrates Court must hear and decide the proceeding under the simplified procedures applying under subrule (5) , unless the commission or Industrial Magistrates Court considers deciding the proceeding under the procedures would be an abuse of process. r 123R ins 2021 SL No. 10 s 38 amd 2022 SL No. 100 s 12 (sec.123R-ssec.1) This rule applies to a proceeding for an unpaid amount claim in the commission or Industrial Magistrates Court, other than a claim for a relevant amount under section 531 of the Act . (sec.123R-ssec.2) The parties to the proceeding may agree to all or part of the simplified procedures applying to the proceeding. (sec.123R-ssec.3) The agreement must be— in writing; and filed in the registry. (sec.123R-ssec.4) The simplified procedures are that the commission or an Industrial Magistrates Court— is not bound by laws of evidence or procedure applying to a proceeding in the commission or Industrial Magistrates Court; and may inform itself of the facts in any way it considers appropriate; and must observe the rules of natural justice; and must record the reasons for its decision. (sec.123R-ssec.5) The simplified procedures apply to the proceeding to the extent agreed. (sec.123R-ssec.6) The commission or Industrial Magistrates Court must hear and decide the proceeding under the simplified procedures applying under subrule (5) , unless the commission or Industrial Magistrates Court considers deciding the proceeding under the procedures would be an abuse of process.

• (a) in writing; and
• (b) filed in the registry.
• (a) is not bound by laws of evidence or procedure applying to a proceeding in the commission or Industrial Magistrates Court; and
• (b) may inform itself of the facts in any way it considers appropriate; and
• (c) must observe the rules of natural justice; and
• (d) must record the reasons for its decision.