Industrial Relations (Tribunals) Rules 2011
sec.137Failure to prosecute appeal or WHS review
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sec.137 Failure to prosecute appeal or WHS review
This rule applies if an appellant fails to comply with either of the following— any step required under the Act , an enabling Act or these rules; any direction or order, including a direction or order about filing or serving a written outline of submissions or argument. The court, the commission or a magistrate may dismiss the appeal or WHS review for want of prosecution— at or before the hearing of the appeal or WHS review; and either— on its own initiative; or on application by the respondent. (sec.137-ssec.1) This rule applies if an appellant fails to comply with either of the following— any step required under the Act , an enabling Act or these rules; any direction or order, including a direction or order about filing or serving a written outline of submissions or argument. (sec.137-ssec.2) The court, the commission or a magistrate may dismiss the appeal or WHS review for want of prosecution— at or before the hearing of the appeal or WHS review; and either— on its own initiative; or on application by the respondent.
- (a) any step required under the Act , an enabling Act or these rules;
- (b) any direction or order, including a direction or order about filing or serving a written outline of submissions or argument.
- (a) at or before the hearing of the appeal or WHS review; and
- (b) either— (i) on its own initiative; or (ii) on application by the respondent.
- (i) on its own initiative; or
- (ii) on application by the respondent.
- (i) on its own initiative; or
- (ii) on application by the respondent.