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Industrial Relations (Tribunals) Rules 2011
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Turn the raw legal text into a practical explanation grounded in Industrial Relations (Tribunals) Rules 2011.
This rule applies if— an application to appeal from a decision of a magistrate has been filed; and the appellant has been released from custody under rule 145 ; and no action has been taken in relation to the application by the appellant for at least 2 months since the later of the following— the registrar’s receipt of the application; the last action taken in the application. The registrar may, by notice, require the appellant to show cause in writing, within 21 days after the day the notice is given, why the application to appeal should not be struck out. The notice must state that the application may be struck out if the appellant does not show cause within the time stated in the notice. The appellant’s response to the notice to show cause must state the following— the steps taken by the appellant in the proceeding in which the decision appealed from was made; an explanation for the circumstances of the delay; the steps (including a timetable) proposed to be taken to progress the proceeding; any prejudice suffered or likely to be suffered by another party to the proceeding if the proceeding is not struck out; the merits of the proceeding; why the registrar or court should not strike out the application despite the delay. After considering any response by the appellant to the notice to show cause, the registrar may do 1 of the following— strike out the application to appeal; list the matter of showing cause for hearing before the court, with or without directions; list the application to appeal for hearing, with or without directions; make another order dealing with the application to appeal the registrar considers appropriate. On a hearing of the matter of showing cause, the court may do 1 of the following— strike out the application to appeal; list the application to appeal for hearing, with or without directions; make another order dealing with the application to appeal the court considers appropriate. The striking out of the application to appeal under this rule also disposes of any other application in the proceeding that has not been disposed of, other than in relation to costs. If the application to appeal is struck out under this rule, the registrar must give the parties notice that the court or registrar has struck out the application. (sec.147-ssec.1) This rule applies if— an application to appeal from a decision of a magistrate has been filed; and the appellant has been released from custody under rule 145 ; and no action has been taken in relation to the application by the appellant for at least 2 months since the later of the following— the registrar’s receipt of the application; the last action taken in the application. (sec.147-ssec.2) The registrar may, by notice, require the appellant to show cause in writing, within 21 days after the day the notice is given, why the application to appeal should not be struck out. (sec.147-ssec.3) The notice must state that the application may be struck out if the appellant does not show cause within the time stated in the notice. (sec.147-ssec.4) The appellant’s response to the notice to show cause must state the following— the steps taken by the appellant in the proceeding in which the decision appealed from was made; an explanation for the circumstances of the delay; the steps (including a timetable) proposed to be taken to progress the proceeding; any prejudice suffered or likely to be suffered by another party to the proceeding if the proceeding is not struck out; the merits of the proceeding; why the registrar or court should not strike out the application despite the delay. (sec.147-ssec.5) After considering any response by the appellant to the notice to show cause, the registrar may do 1 of the following— strike out the application to appeal; list the matter of showing cause for hearing before the court, with or without directions; list the application to appeal for hearing, with or without directions; make another order dealing with the application to appeal the registrar considers appropriate. (sec.147-ssec.6) On a hearing of the matter of showing cause, the court may do 1 of the following— strike out the application to appeal; list the application to appeal for hearing, with or without directions; make another order dealing with the application to appeal the court considers appropriate. (sec.147-ssec.7) The striking out of the application to appeal under this rule also disposes of any other application in the proceeding that has not been disposed of, other than in relation to costs. (sec.147-ssec.8) If the application to appeal is struck out under this rule, the registrar must give the parties notice that the court or registrar has struck out the application.