Industrial Relations (Tribunals) Rules 2011
sec.230Lapse of proceeding after at least 1 year’s delay
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sec.230 Lapse of proceeding after at least 1 year’s delay
This rule applies if— an application starting a proceeding has been filed; and no action has been taken by the applicant in relation to the application for at least 1 year since the last action was taken by the applicant in the application. A party may only take further action on the application with an order of the court, commission or registrar. An application for an order under subrule (2) must be in the approved form and state the following— the steps taken in the proceeding; 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 application starting the proceeding is not struck out; the merits of the proceeding; why the court, commission or registrar should make the order despite the delay. r 230 amd 2021 SL No. 10 s 53 (sec.230-ssec.1) This rule applies if— an application starting a proceeding has been filed; and no action has been taken by the applicant in relation to the application for at least 1 year since the last action was taken by the applicant in the application. (sec.230-ssec.2) A party may only take further action on the application with an order of the court, commission or registrar. (sec.230-ssec.3) An application for an order under subrule (2) must be in the approved form and state the following— the steps taken in the proceeding; 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 application starting the proceeding is not struck out; the merits of the proceeding; why the court, commission or registrar should make the order despite the delay.
- (a) an application starting a proceeding has been filed; and
- (b) no action has been taken by the applicant in relation to the application for at least 1 year since the last action was taken by the applicant in the application.
- (a) the steps taken in the proceeding;
- (b) an explanation for the circumstances of the delay;
- (c) the steps (including a timetable) proposed to be taken to progress the proceeding;
- (d) any prejudice suffered or likely to be suffered by another party to the proceeding if the application starting the proceeding is not struck out;
- (e) the merits of the proceeding;
- (f) why the court, commission or registrar should make the order despite the delay.