Industrial Relations (Western Australian Industrial Appeal Court) Regulations 1980 (Western Australia)

These regulations set the practical court rules for appeals and other proceedings before the Western Australian Industrial Appeal Court: how appeals and applications are started, served, filed, heard and enforced, and what documents and forms are required. They affect appellants, respondents, their lawyers, the Court’s Clerk, the sheriff and prison officers.

They matter because they fix time limits, filing and service formats, a modest costs schedule, enforcement routes (warrants, sale of goods, imprisonment) and give the Court and Clerk limited discretion to direct or waive procedural requirements.

These regulations set out the procedural rules and court forms for proceedings in the Western Australian Industrial Appeal Court, as established under the Industrial Relations Act 1979 (the Act). They prescribe how appeals and applications are to be instituted, served, filed, presented and enforced in that Court. The instrument operates as a procedural code: it defines key terms (Clerk, Court, President, Full Bench, Commission in Court Session) (r 2), prescribes deadlines for some appeals (r 2A), specifies the content and form of notices of appeal and motions (Forms 1 and 3; r 3, r 7), determines how parties are to be given notice of hearings (r 4; Form 2), and mandates the contents and timing for the compilation of the appeal book (r 5). It also prescribes general filing and registry practices (r 10), document formatting and filing requirements (r 11), and affidavit rules (r 12).

The regulations provide enforcement mechanisms for orders made by the Court or the Presiding Judge. They set out how warrants of execution and warrants of commitment are to be prepared, issued and executed (rr 17-20; Forms 7-10), give the sheriff powers to seize, hold and sell goods subject to certain statutory exemptions (r 18(3)-(7)), and link the effect of warrants issued under the Act to existing processes under the Transfer of Land Act 1893 (r 18(8)). They also set out consequences and procedure if the sheriff cannot find sufficient goods for execution, including the power to commit an offender to prison (r 19), with reference to the Justices Act 1902 scale (r 19(1)). The Crown is expressly excluded from application of the execution and commitment provisions (r 21).

Procedural discretion and curial management mechanisms are provided. The Court and the Presiding Judge may waive compliance with procedural requirements in special circumstances or set aside, amend or deal with irregular proceedings in such manner and upon such terms as they think fit (r 26). Where no procedure is prescribed by the Act or the regulations, an ex parte application to a judge may be made for directions (r 25). The Clerk is given registry responsibilities including issuing processes, keeping registers and affixing the seal (r 10(1), r 24). The regulations include a schedule of forms (Schedule) and prescribed modest allowances for costs and services the Court may order a successful party to recover (r 23).

Mechanically, the instrument does not create substantive industrial rights or obligations outside what the Act contemplates. Its effect is to structure litigation in the Industrial Appeal Court: it determines who files what, how and when; where the Court can enforce its monetary orders and by what machinery; and what procedural sanctions can flow from non‑compliance (including refusal to accept documents, r 11(2) and r 13). Practitioners should treat these regulations as the procedural companion to appeals and applications under the Act, and must observe the specific timeframes, form requirements and service methods set out herein.

The regulations rest on a compact of procedural concepts that organise litigation in the Western Australian Industrial Appeal Court. These concepts are: defined registry roles; prescribed forms and content; time limits; service and proof of service; document form and filing rules; evidential practice (affidavits and exhibits); curial management and discretion; enforcement mechanics; costs allowances; and inter‑statutory cross‑references.

Registry role and terminology. The Clerk (defined in r 2) is the central registry officer: he or she issues processes, keeps the register of proceedings, affixes the Court seal, and may delegate functions to a Deputy Registrar (r 10(1), (4), r 24). The regulations adopt the Act’s nomenclature for substantive entities , President, Full Bench, Commission in Court Session , ensuring the procedural rules track the substantive architecture of the Act (r 2).

Forms and formal requirements. The schedule supplies forms for notices of appeal, hearing notices, motions, service declarations, titles and summonses (Forms 1-6) and for execution or commitment warrants and associated processes (Forms 7-11). Where no form suffices, the Clerk, under direction of the Court, may direct forms or modifications (r 10(6)-(7), r 27). Document presentation standards (r 11) set minimum typographical and paper standards: e.g. single‑sided pages, numbered pages, quarter margins, line spacing, cover sheet with contact details (r 11(1)(a)-(f)). The Clerk may refuse to accept documents that fail to comply and costs of such documents may be disallowed (r 11(2), r 13).

Time limits and sequencing. The regulations provide discrete time constraints: an appeal against certain industrial magistrate’s court decisions under s 96K of the Act must be instituted within 21 days of the impugned decision (r 2A). The appeal book must be filed at least 21 days before the hearing (r 5). The Clerk must give at least seven days’ notice of the hearing to parties unless the Court directs otherwise (r 4). Affidavits intended for use must be filed and opposing parties be furnished with copies at least three days before the hearing (r 12(2)).

Service and proof. Service methods are prescribed depending on the entity being served: industrial unions (per s 60(3) of the Act), corporations (to registered office), partnerships and unincorporated bodies (principal place of business), and individuals (personal service or at usual/last known abode or place of business) (r 8). Proof of service is by statutory declaration in Form 4, filed with the Clerk (r 9).

Evidentiary form and affidavits. Affidavits must comply with Order 37 of the Rules of the Supreme Court 1971 and be filed before use in proceedings; a party intending to rely on an affidavit must provide copies to opposing parties at least three days before hearing (r 12(1)-(2)). Exhibits cannot be removed without leave (r 14).

The regulations affect a defined set of actors involved in industrial litigation in Western Australia and, indirectly, the owners of property subject to enforcement. Primary affected persons and organisations are appellants and respondents in proceedings brought under the Industrial Relations Act 1979, legal representatives preparing documents and evidence for the Western Australian Industrial Appeal Court, the Clerk of the Court (and any Deputy Registrar or person performing the Clerk’s duties), the sheriff, police officers and prison superintendents involved in execution and commitment, and Crown entities to the degree rules apply (with specific exclusions).

Appellants and respondents. Any person or entity bringing or defending an appeal to the Industrial Appeal Court must comply with the filing, service, and disclosure obligations in the regulations. An appeal must be commenced by a notice of appeal filed with the Clerk in Form 1 and served on other parties (r 3). The appellant must prepare and lodge three certified bound appeal books that include specified material (r 5). Respondents must be served with notice of appeals and supplied copies of affidavits and documents as required (r 3(3), r 12(2)).

Industrial unions, corporations, partnerships and individuals. The regulations prescribe different methods of service depending on the nature of the party (r 8). An industrial union receives service as provided by s 60(3) of the Act (r 8(1)). Companies and corporations are served at their registered office (r 8(2)). Partnerships and unincorporated entities are served at principal places of business (r 8(3)). Individuals may be served personally or at usual/last known abode or place of business (r 8(4)). Practitioners acting for these parties must ensure compliance with the appropriate service method and prepare statutory declarations proving service (r 9; Form 4).

Clerk, Deputy Registrars and registry staff. The Clerk is a central actor with statutory duties: issuing processes, maintaining registers, affixing the seal and managing filings (r 10(1), r 24). The Clerk may refuse to accept non‑complying documents (r 11(2), r 13), sign and seal warrants and orders (r 16, r 20), and delegate functions (r 10(4)). The Clerk also issues hearing notices (r 4) and is responsible for sealing summonses and returning duplicates (r 15(2)).

Sheriff, police and prison officials. Enforcement provisions engage the sheriff for execution of monetary orders (r 18). The sheriff is empowered to seize and sell goods, hold negotiable instruments as security, sue in the name of the debtor to recover sums under seized instruments, and provide accounts of execution costs (r 18(3)-(7)). Where the sheriff cannot levy sufficient goods, warrants of commitment may involve police officers to apprehend and prison superintendents to receive prisoners (r 19-20; Forms 9-11).

The regulations create a set of specific procedural duties for parties and registry officers and some rights that parties may exercise in the course of proceedings. These duties and rights are mostly administrative and processual, designed to ensure orderly litigation.

Key duties

File and serve notices of appeal. Every appeal must be by notice of appeal in Form 1, filed with the Clerk and served on other parties as prescribed (r 3(1)-(3)). The notice must specify grounds of appeal (r 3(2)).
Observe time limits. An appeal from a decision of an industrial magistrate’s court under s 96K of the Act must be instituted within 21 days of the decision (r 2A). The appeal book must be filed at least 21 days before the hearing (r 5). The Clerk must give at least seven days’ notice of hearing unless the Court directs otherwise (r 4).
Prepare and lodge appeal books. The appellant must file three certified, suitably bound copies of an appeal book containing specified documents: notice of appeal, originating documents, decision and reasons, transcript page references and index (r 5). One copy must be served on each party.
Conform to document format and filing rules. Documents for the Court should typically be lodged in triplicate (r 10(2)), be typed/printed legibly, single‑sided, numbered, with specified margins and spacing, and include a cover sheet with contact details (r 11(1)(a)-(f)). The Clerk may refuse non‑complying documents (r 11(2)), and costs for such documents may be disallowed.
Provide affidavits properly. Affidavits must comply with Order 37 of the Rules of the Supreme Court 1971 (r 12(1)). Affidavits intended for use must be filed and served on other parties at least three days before the hearing (r 12(2)).
Service and proof. Serve documents according to the method appropriate to the recipient (r 8). File proof of service by statutory declaration in Form 4 (r 9).
Compliance when enforcement sought. A party seeking a warrant of execution or commitment must provide a praecipe in Form 7 when required (r 18(1)) and prepare the necessary warrant forms (r 20).

Registry duties

Registry maintenance, sealing and issuing. The Clerk issues processes, keeps a register, affixes the Court seal, signs orders and returns sealed duplicates, and may refuse to accept documents that fail to comply with rules (r 10(1), r 16, r 20, r 24).

The regulations provide concrete enforcement mechanisms for monetary orders and contain procedural steps and statutory cross‑references for the seizure of assets and imprisonment for non‑payment in appropriate circumstances.

Warrants of execution. Where the Presiding Judge directs payment of a fine, sum of money or costs, he or she may direct enforcement by warrant of execution (r 17). Warrants of execution are prepared using the praecipe in Form 7 or the warrant form in Form 8 and are directed to the sheriff (r 18(1)-(2), Forms 7-8). Under a warrant of execution, the sheriff may seize and sell goods of the debtor (r 18(3)). The term goods is expressly broad and includes negotiable instruments (cheques, bills of exchange, promissory notes, specialties and other securities for money) (r 18(3)-(4)). The sheriff may hold seized negotiable instruments as security for the amount levied, receive moneys payable under such instruments and, where necessary, sue in the name of the person against whom the warrant was issued to recover sums payable under those instruments (r 18(4)). Money collected or recovered is to be paid into the Court by the sheriff (r 18(4)).

Sale and accounting rules. A sale of goods seized shall not, unless perishable, occur until at least five days after seizure unless the debtor requests otherwise in writing (r 18(5)). The sheriff may deduct costs incurred in executing the warrant and in effecting the sale from the proceeds and must pay any surplus to the owner after deducting the amount of the levy and proper costs (r 18(6)). The sheriff must send a written account of costs and charges to the Clerk and the person against whom the warrant was issued, and that person may inspect and copy that account within one month after the levy (r 18(7)).

Effect on land and transfer of title. A warrant of execution under the Act has the same effect against property (including land under the Transfer of Land Act 1893) as a writ of fieri facias issued out of the Supreme Court (r 18(8)(a)). Section 133 of the Transfer of Land Act 1893 applies to sales under writs or warrants under the Act, and that section and the schedules are to be read as if words substituting “warrant of execution issued out of the Court” for “writ of fieri facias issued out of the Supreme Court” were included (r 18(8)(b)). This integrates enforcement under the regulations into the established land transfer and sale regimes.

When execution fails: commitment and imprisonment. If the sheriff returns that he cannot find goods or that goods are insufficient to satisfy a warrant, and the sum remains wholly or partially unsatisfied, a warrant of commitment can be issued under Form 9 for imprisonment in accordance with the scale set out in section 167 of the Justices Act 1902 (r 19(1), Form 9). Where the Court orders commitment directly, Form 10 is used (r 19(2), Form 10). The police are commanded to apprehend the person and convey them to prison or other place specified in the warrant (r 19(3)). The prison superintendent has duties to receive prisoners and to discharge them on payment, on receipt of a certificate from the Clerk that the sums have been paid, or when the period of imprisonment that corresponds to unpaid amounts has been served (r 19(4)(a)-(c)). The regulations include detailed provisions for reduction of imprisonment proportional to payments made after committal (Form 9).

The regulations are explicitly cross‑linked to several other statutes and rules; they do not operate in isolation. These cross‑references determine the form of certain documents, the protection of property, the effect of warrants on land, and the evidentiary foundation for statutory declarations.

Primary statute: Industrial Relations Act 1979. The regulations are made under and for the purposes of the Industrial Relations Act 1979 (r 2; the Act). They operationalise appeals and other processes that the Act contemplates, for example appeals from President, Full Bench, Commission in Court Session or industrial magistrate’s court decisions (Forms 1 and Schedule). Specific provisions refer to the Act substantively, for instance r 2A prescribes the time in which appeals under s 96K of the Act must be instituted.

Rules of the Supreme Court 1971. Affidavit formality is governed by Order 37 of the Rules of the Supreme Court 1971 (r 12(1)); the regulation requires affidavits filed with the Clerk to be drawn up and signed to meet those Supreme Court rules. Parties must therefore be familiar with those rules to ensure affidavit admissibility and procedural compliance.

Local Courts Act 1904. The sheriff’s power to seize goods is qualified by the protections in the Local Courts Act 1904: goods protected under that Act cannot be seized (r 18(3)). That statutory protection creates limits on what the sheriff may levy, and therefore shapes enforcement strategy.

Transfer of Land Act 1893. A warrant of execution issued under the Act has the same effect against property, including land registered under the Transfer of Land Act 1893, as a writ of fieri facias issued out of the Supreme Court (r 18(8)(a)). Section 133 of the Transfer of Land Act applies to sales under writs or warrants issued under the Act, with textual adjustments to treat the warrant as equivalent to a writ of fieri facias (r 18(8)(b)). In practice, this means sale procedures, notices and title consequences for land follow the Transfer of Land Act’s framework.

Justices Act 1902. For commitment, r 19(1) incorporates the imprisonment scale in s 167 of the Justices Act 1902. The duration of imprisonment tied to unpaid monetary orders is therefore set by that scale rather than the regulations themselves.

Evidence Act 1906. Proof of service is to be effected by a statutory declaration made before the Clerk, a Justice of the Peace, or Commissioner for Declarations in accordance with Form 4, and is to be filed with the Clerk (r 9). The statutory declaration is to be made by virtue of s 106 of the Evidence Act 1906, which governs the formalities and admissibility of statutory declarations (see Form 4).

The regulations include a formal compilation table and amendment notes in the Schedule and Notes section. The instrument was originally made as the Industrial Arbitration Act (Western Australian Industrial Appeal Court) Regulations 1980 and has been amended and re‑titled in line with statutory changes to the parent Act. The principal steps recorded in the source are:

Original promulgation: Industrial Arbitration Act (Western Australian Industrial Appeal Court) Regulations 1980, gazetted 4 March 1980 (pp. 709-23) and commenced 4 March 1980 (Compilation table).
Amendment 1982: Industrial Arbitration Act (Western Australian Industrial Appeal Court) Amendment Regulations 1982, gazetted 2 July 1982 (p. 2382-3) and commenced 2 July 1982. The Schedule records that the forms and some provisions were amended (Schedule amended: Gazette 2 Jul 1982 p. 2383).
Amendment 1994: Industrial Relations (Western Australian Industrial Appeal Court) Amendment Regulations 1994, gazetted 22 April 1994 (p. 1667-8) and commenced 22 April 1994. Regulation 1 (citation) and regulation 2A (time limit for s 96K appeals) were inserted by the 1994 instrument (the body of the regulations shows r 1 and r 2A are annotated as inserted, Gazette 22 Apr 1994 p. 1667-8).
Reprint and consolidation: A reprint of the Industrial Relations (Western Australian Industrial Appeal Court) Regulations 1980 as at 15 March 2002 is noted in the compilation table and includes prior amendments up to that date.
Amendment 2002: Industrial Relations (Western Australian Industrial Appeal Court) Amendment Regulations 2002, gazetted 6 September 2002 (p. 4489) and commenced 6 September 2002. The body of the regulations records some consequential deletions and amendments, for example r 22 is noted as deleted (Gazette 6 Sep 2002 p. 4489), and r 12 and r 13 show amendment annotations (Gazette 6 Sep 2002 p. 4489; r 12 amended: Gazette 6 Sep 2002 p. 4489).

Contextual note on citations and renaming. The regulations originally referenced the Industrial Arbitration Act 1979. The parent Act’s short title changed to the Industrial Relations Act 1979 by the Acts Amendment and Repeal (Industrial Relations) Act (No. 2) 1984 s 4. The compilation note records that the reference was changed under the Reprints Act 1984 s 7(3)(gb) (Notes, footnote 2).

Specific provisions inserted at times. The insertion of r 2A (time limit for certain appeals) is annotated as inserted on 22 April 1994; forms and procedural particulars were amended in 1982 and later in 2002. The schedule itself bears amendment annotations with the Gazette entries referred to above.

The regulations as provided do not include a record of judicial decisions construing them. The instrument itself contains no cases, judicial annotations or summaries of litigation applying its provisions. It is a rules instrument setting procedural requirements and forms rather than a statute that aggregates or cites judicial interpretations.

Given the absence of cases in the text, the regulations’ litigation history is not recorded here. Practitioners seeking judicial guidance on contested points of interpretation or application , for example, the scope of the Clerk’s discretion to refuse filings under r 11(2) and r 13, the circumstances in which the Court will direct a stay of proceedings contrary to the default rule in r 6, the application of the enforcement provisions vis‑à‑vis the Crown under r 21, or the interaction of r 18(8) with the Transfer of Land Act 1893 , must search reported decisions, tribunal determinations or unreported judgments elsewhere. The regulations reference external statutes and rules , the Rules of the Supreme Court 1971 (Order 37), the Local Courts Act 1904, the Transfer of Land Act 1893, the Justices Act 1902, and the Evidence Act 1906 , and litigation that construes those provisions may be relevant to questions of procedure here.

Absent judicial material in this instrument, useful areas for targeted case research include:

Interpretation of the Clerk’s refusal powers and the consequences for costs and admissibility (r 11(2), r 13).
Judicial practice on waiving procedural requirements and setting aside irregular proceedings under r 26.
Application of r 6 where an appeal is brought but a decision’s operation would have significant consequences absent a stay.
Enforcement practice under rr 17-20 and their interplay with the Transfer of Land Act 1893 (r 18(8)) and the Local Courts Act 1904 (r 18(3)).
The operation of r 2A in appeals under s 96K of the Act and whether extensions or equitable considerations have been recognised in practice.

To assemble the litigation history relevant to these regulations, one must consult case law databases and the Industrial Relations Commission or Appeal Court judgments. The regulations themselves, however, provide no litigation history or case citations.

The regulations contain numerous procedural traps that can cause delay, refusal of filing, or unexpected enforcement. The following practical pitfalls arise directly from the text and should be considered by practitioners and litigants.

Strict and specific time limits. For appeals from industrial magistrate’s court decisions under s 96K of the Act, an appeal must be instituted within 21 days of the decision (r 2A). Failure to commence within this time will jeopardise the appeal; the regulations do not themselves provide for extension mechanisms in r 2A. Other deadlines include filing the appeal book at least 21 days before the hearing (r 5), and the Clerk’s obligation to give at least seven days’ hearing notice (r 4) unless the Court orders less. Missing the appeal book deadline can potentially prejudice a hearing.

Document formality and Clerk’s gatekeeper role. The regulations prescribe detailed formatting and presentation requirements (r 11(1)), and the Clerk may refuse to accept documents that do not comply (r 11(2)). The costs of non‑complying documents may be disallowed. Practitioners whose filing does not conform risk rejection or cost penalties; moreover, the regulations allow only a single black ink first copy to be accepted as an office copy (r 11(3)), and documents for the Court are to be lodged in triplicate by default (r 10(2)). The combination of triplicate filings, strict formatting and potential refusal makes early contact with the Clerk prudent.

Service errors and proof. Service methods differ by entity (r 8). Serving a company at an incorrect address, or failing to use the union service method prescribed in s 60(3) of the Act (r 8(1)), can produce defective service. Proof of service requires a statutory declaration in Form 4 filed with the Clerk (r 9). Forgetting to file the statutory declaration could leave service unproven.

Appeal does not stay by default. An appeal does not operate as a stay of the decision appealed from unless the Court or a judge directs otherwise (r 6). Parties often assume that filing an appeal suspends enforcement; here that assumption is wrong. Applications for stays must be made and decided.

Affidavit timing and form. Affidavits must comply with Order 37 of the Rules of the Supreme Court 1971 (r 12(1)) and must be filed and served at least three days before hearing (r 12(2)). Late or non‑compliant affidavits risk exclusion. The regulations allow no oral notices in lieu of written notices except by leave of the Court (r 11(4)), so attempts to rely on oral communications without leave are unsafe.

Enforcement consequences: sale and imprisonment. The execution machinery can lead to seizure of goods, sale after five days unless perishable (r 18(5)), and, if goods are insufficient, commitment and imprisonment per Justices Act scales (r 19(1)). Practitioners should be aware that failure to discharge an order can lead to imprisonment machinery being utilised, subject to the practices set out in the regulations and the Justices Act.

This section sets out a practical compliance checklist drawn directly from the regulations for common tasks: instituting an appeal, preparing the appeal book, serving documents, lodging affidavits, applying for interim relief or variations, and responding to enforcement action.

Pre‑filing checks and time limits
- Identify whether the appeal is covered by a specific time limit. If the decision is from an industrial magistrate’s court under s 96K of the Act, institute the appeal within 21 days of the decision (r 2A).
- Confirm whether other statutory time limits under the Act apply and compute calendar days taking account of Court vacations (r 28).
Notice of appeal
- Use Form 1 (Schedule; r 3) as the template for the notice of appeal. Ensure the notice specifies with particularity the grounds of appeal (r 3(2)).
- File the notice of appeal with the Clerk of the Court (r 3(1)).
- Serve a copy as soon as reasonably practicable on each party to the decision (r 3(3)). Serve by the method appropriate to the recipient (r 8).
Service and proof of service
- For unions, follow s 60(3) of the Act (r 8(1)); for companies, serve at the registered office (r 8(2)); for partnerships, serve at the principal place of business (r 8(3)); for individuals, use personal service or usual/last known address (r 8(4)).
- File proof of service by statutory declaration in Form 4, sworn before the Clerk, a Justice of the Peace or Commissioner for Declarations, and file it with the Clerk (r 9; Form 4). Ensure the statutory declaration is made under s 106 of the Evidence Act 1906 as required by the Form.
Appeal book
- Prepare three certified, suitably bound copies of an appeal book and file them with the Clerk at least 21 days prior to the hearing (r 5).
- Include the items prescribed: notice of appeal, originating document, decision and reasons, transcript page references and necessary transcript pages, and an index (r 5(a)-(e)).
- Serve one copy of the appeal book on each party (r 5 final sentence).
Document presentation and filing
- Prepare documents in triplicate for Court use unless otherwise directed (r 10(2)). For matters before a judge only one copy need be lodged (r 10(2)).

CrestWestern Australia

Industrial Relations Act 1979 2

Industrial Relations (Western Australian Industrial Appeal Court) Regulations 1980

Western Australia

Industrial Relations (Western Australian Industrial Appeal Court) Regulations 1980

Contents

Division 1 — Preliminary

Citation 1
Interpretation 1

Division 2 — Appeals

2A. Time in which section 96K appeals to be instituted 3

Notice of appeal 3
Hearing of appeal 3
Appeal book 3
Appeal not to operate as a stay of proceedings 4

Division 3 — Applications

Notice of motion 5

Division 4 — General provisions

Service 6
Proof of service 6
Rules for conduct of proceedings before Court 6
Documents 8
Affidavits 9
Non acceptance of documents 9
Exhibits 9
Applications to the Presiding Judge 9
Orders 10
Enforcement of orders 10
Execution 10
Commitment 12
Warrants of execution and commitment 13
Crown not bound by r. 18 to 20 13
Costs 14
Seal of Court 14
Where no procedure prescribed 15
Power to waive procedural requirements 15
Forms 15
Vacations 15

Schedule

Notes

Compilation table 32

Defined terms

Western Australia

Industrial Relations Act 1979 2

Industrial Relations (Western Australian Industrial Appeal Court) Regulations 1980

Division 1 — Preliminary

1. Citation

These regulations may be cited as the Industrial Relations (Western Australian Industrial Appeal Court) Regulations 1980 1.

[Regulation 1 inserted: Gazette 22 Apr 1994 p. 1667.]

2. Interpretation

In these regulations unless the context requires otherwise —

Clerk means the Clerk of the Court appointed pursuant to section 85(7) of the Act;

Commission in Court Session has the same meaning as that expression has in and for the purposes of the Act;

Court means the Western Australian Industrial Appeal Court established under the Act;

Full Bench has the same meaning as that expression has in and for the purposes of the Act;

President means the President appointed under section 9 of the Act;

the Act means the Industrial Relations Act 1979 2;

words and expressions used in these regulations have when so used the same respective meanings as are given to them in and for the purposes of the Act.

Division 2 — Appeals

2A. Time in which section 96K appeals to be instituted

An appeal against a decision of an industrial magistrate’s court under section 96K of the Act shall be instituted within 21 days from the date of the decision against which the appeal is brought.

[Regulation 2A inserted: Gazette 22 Apr 1994 p. 1667.]

3. Notice of appeal

(1) Every appeal to the Court under the provisions of the Act shall be by notice of appeal filed with the Clerk of the Court and served as required by these regulations.

(2) The notice of appeal shall be in accordance with Form 1 and shall specify the grounds upon which the appeal is brought.

(3) As soon as reasonably practicable after filing the notice of appeal, the appellant shall serve a copy thereof on each of the other parties to the decision.

4. Hearing of appeal

The Clerk shall give to each party at least 7 days’ notice (or such less notice as the Court may direct) of the date and place of hearing, the notice to be in accordance with Form 2.

5. Appeal book

At least 21 days prior to the date of the hearing of the appeal, the appellant shall file with the Clerk 3 certified suitably bound copies of an appeal book, each containing —

(a) a copy of the notice of appeal;

(b) a copy of the document instituting the proceedings before the President, Full Bench, Commission in Court Sessions or industrial magistrate’s court;

(d) a list of the page numbers of the transcript of the proceedings at which reference is made to the subject matter of the appeal; and the pages thereof necessary for the appeal;

(e) an index of the documents contained in the appeal book,

and shall serve one copy on each of the parties to the appeal.

[Regulation 5 amended: Gazette 22 Apr 1994 p. 1667.]

6. Appeal not to operate as a stay of proceedings

An appeal to the Court does not operate as a stay of proceedings on the decision being appealed from unless the Court or a judge of the Court directs otherwise.

[Regulation 6 inserted: Gazette 22 Apr 1994 p. 1668.]

Division 3 — Applications

7. Notice of motion

Applications to the Court, except where some other method or form is prescribed, shall be by notice of motion in Form 3 and be filed with the Clerk.

Division 4 — General provisions

8. Service

Service of any notice or other document under the Act or these Regulations may be effected: —

(1) in the case of an industrial union, in accordance with section 60(3) of the Act;

(2) in the case of a company or other corporation, by leaving it at, or sending it by post in a prepaid registered letter to the registered office of the company or corporation;

(3) In the case of a partnership, firm or unincorporated company or body, by leaving it at, or sending it by post in a prepaid letter to the partnership, firm or unincorporated company or body at the principal place of business thereof in the State;

(4) In the case of any other person by delivering it to him personally, or by leaving it for him at his usual or last known place of abode, or if he is in business, at his usual or last known place of business, or sending it by post in a prepaid letter addressed to him at his usual or last known place of abode, or if he is in business, at his usual or last known place of business: Provided that no place shall be deemed the place of business of any person unless he is a principal in the business.

9. Proof of service

Service may be proved by a statutory declaration made before the Clerk, a Justice of the Peace, or Commissioner for Declarations, in accordance with Form No. 4 and filed with the Clerk.

10. Rules for conduct of proceedings before Court

(1) All applications made to the Court or to any judge of the Court shall be lodged with the Clerk who shall issue all processes out of the Court, keep a register of all proceedings in and orders made by the Court, and affix the seal of the Court to all necessary documents.

(2) Except where otherwise provided by these regulations or where otherwise directed by the Clerk, all documents for the use of the Court shall be lodged in triplicate, but one copy only need be lodged of documents for use before a judge of the Court.

(3) Every matter brought into the Court under the Act or these regulations shall be marked by the Clerk with a distinguishing number, and all documents filed and subsequent proceedings taken in the Court with reference to that matter shall be distinguished by the same number, and the entries in the records kept with regard to that matter shall be entered together and kept separate from the entries with respect to any other matter.

(4) Any act or thing required by the Act or these regulations to be done by the Clerk may be done on his behalf by a Deputy Registrar or the person for the time being performing the duties of the Clerk.

(5) Every notice of appeal to the Court and all subsequent proceedings on the appeal shall be entitled, “In the Western Australian Industrial Appeal Court, on appeal from” (naming the authority from which the appeal is brought), and shall also be entitled as between the party appellant and the party respondent; and every other proceeding in the Court shall be entitled as in Form 5.

(6) Where no form of motion, summons, application, order, notice, or other document or instrument is prescribed, or where no adequate or suitable form is prescribed, the form shall be such as the Clerk, under the direction of the Court, directs or approves.

(7) Where anything is required to be in any of the forms prescribed, it shall be sufficient if it is to the like effect, and any such forms may be modified by the authority of the Clerk to meet any particular case.

[Regulation 10 amended: Gazette 2 Jul 1982 p. 2382.]

11. Documents

(1) Unless the nature of the document renders it impracticable, every document prepared by a party for use in the Court shall, subject to any directions given from time to time by the Clerk, under the direction of the Court, directs or approves —

(a) be legibly and clearly typewritten or printed without blotting, erasure or such alterations as cause material disfigurement;

(b) have a space of not less than 6 millimetres between each line;

(c) be upon white paper of good and durable quality and capable of receiving ink writing and of such size as the Clerk from time to time directs;

(d) be upon one side only of the paper with a quarter margin upon the left hand side of each sheet;

(e) have each page numbered;

(f) have a cover sheet upon which appears the number and a short title of the proceedings, a short description of the document (including, in the case of an affidavit, the name of the deponent and the date of swearing) and the name, address and telephone number of the solicitor (if any) filing, delivering or serving the document or, if the person on whose behalf the document is filed, delivered or served is not represented by a solicitor, the name, address for service and telephone number (if any) of that person.

(2) The Clerk may refuse to file or accept a document to which paragraph (1) applies if it does not comply with the provisions of that paragraph, and the costs of the document may be disallowed.

(3) A typewritten copy of a document to which paragraph (1) applies shall not be filed, registered or marked as an office copy unless it is a first black ink copy.

(4) Any notice, request or consent required or allowed by these Rules may not be given orally except with the leave of the Court.

(5) The Court may require any document required for use in the Court to be printed or otherwise produced in any particular manner that it thinks fit.

12. Affidavits

(1) All affidavits filed with the Clerk shall be drawn up and signed so as to comply with the requirements of Order 37 of the Rules of the Supreme Court 1971.

(2) All affidavits intended to be used on any proceeding shall, before being used, be filed with the Clerk, and any party intending to adduce as evidence an affidavit shall furnish the opposing party or parties with a copy thereof at least 3 days before the date fixed for hearing.

[Regulation 12 amended: Gazette 6 Sep 2002 p. 4489.]

13. Non acceptance of documents

The Clerk may refuse to file or accept an affidavit or document if it does not comply with the provisions of regulations 11 and 12 and the costs of the affidavit or document may be disallowed.

14. Exhibits

No party to any proceeding before the Court or any judge of the Court shall be at liberty to remove any exhibits without first obtaining leave of the Court or the judge, as the case may be.

15. Applications to the Presiding Judge

(1) Applications to the Presiding Judge or any authorised member, except where some other method or form is prescribed, shall be by summons in accordance with Form 6 supported by a statutory declaration of the facts, which shall be filed with the summons.

(2) The summons shall be presented to the Clerk in duplicate, and the said Clerk shall affix the seal of the Court thereto and shall sign a memorandum thereon setting forth the fact and date of such sealing, and shall return one duplicate summons to the person having charge thereof, who shall forthwith cause a copy thereof together with a copy of the declaration in support, to be served upon the other party or parties affected.

16. Orders

All orders issued by the Court or any judge of the Court shall be signed by the Clerk and sealed by him with the seal of the Court, and in each case shall be filed with the Clerk, and any order obtained on an exparte application shall as soon as reasonably practicable be served by the applicant on all other parties thereto.

17. Enforcement of orders

Where an order is made by the Presiding Judge of the Court directing the payment of any fine, sum of money or costs, he may direct that such order shall be enforced by means of a warrant of execution in the manner hereinafter in regulation 18 provided.

18. Execution

(1) Before issuing a warrant of execution or a warrant of commitment the person issuing the warrant may require the person applying for its issue to furnish to him a praecipe in accordance with the form or to the effect of Form 7 in these regulations.

(2) Any fine, cost or fees directed to be levied by execution shall be recoverable by warrant of execution in accordance with Form 8 directed to the sheriff.

(3) The sheriff, under a warrant of execution, may seize and take and cause to be sold any goods (which term shall include cheques, bills of exchange, promissory notes, specialties, or other securities for money) which the person against whom the warrant was issued is or may be possessed of or entitled to or which he has power to assign or dispose of excepting so much of the goods as are protected from seizure under the Local Courts Act 1904.

(4) The sheriff shall hold any cheques, bills of exchange, promissory notes, specialities, or other securities for money which are seized or taken under the warrant of execution, as a security for the amount directed to be levied under the warrant, or so much thereof as has not been otherwise levied or raised for the benefit of the execution creditor, and may receive any moneys payable by virtue of any such instrument from the person liable under it.

The sheriff may sue in the name of the person against whom the warrant of execution was issued, or in the name of any person in whose name the debtor might sue, for the recovery of the sums secured or made payable by any such instrument when the time of payment thereof arrives.

Any money paid to the sheriff or recovered in an action brought by him in respect of any such instrument shall be paid into the Court by him.

(5) A sale of goods which are taken in execution shall not, unless the goods are of a perishable nature, be made until after the expiration of the 5 days at least next following the day on which the goods were taken, except upon the request in writing of the person whose goods are taken.

Until the sale, the goods must be deposited by the sheriff in some fit place or they may remain in the custody of a fit person approved by the sheriff to be put in possession by the sheriff.

(6) The sheriff may deduct out of the amount realised by such sale, the costs incurred in the execution of any warrant of execution and all costs and charges actually incurred in effecting such sale, and shall render to the owner the surplus (if any) after retaining the amount of the sum for which the warrant was issued and the proper costs and charges of the execution of the warrant.

(7) A written account of the costs and charges incurred in respect of the execution of any warrant of execution shall be sent by the sheriff to the Clerk and the person against whom the warrant was issued may, at any time within one month after the levy, inspect such account at any reasonable time and take a copy thereof.

(8) (a) A warrant of execution issued under the Act shall have the same effect against any property (including land under the Transfer of Land Act 1893) as a writ of fieri facias issued out of the Supreme Court.

(b) Section 133 of the Transfer of Land Act 1893 shall apply to a sale under a writ or warrant of execution issued under the Act, and that section and the schedules therein referred to shall, in relation to any such sale, be read as if the words “warrant of execution issued out of the Court” were inserted in place of “writ of fieri facias issued out of the Supreme Court”.

19. Commitment

(1) When the sheriff has returned that he can find no goods or no sufficient goods to satisfy a warrant of execution issued under the preceding regulation, and that the sum to be levied remains wholly or partially unsatisfied, then a warrant may be issued in accordance with Form 9 for the imprisonment of the offender in accordance with the scale set forth in section 167 of the Justices Act 1902.

(2) Where the Court has ordered that a person be committed to prison, then a warrant shall be issued in accordance with Form 10.

(3) The person to whom a warrant is directed shall convey the person therein named or described to the prison or other place mentioned in the warrant and there deliver him, together with the warrant, to the superintendent or keeper of such prison or place, who shall thereupon give the person delivering the prisoner into his custody a receipt for such prisoner in accordance with Form 11 setting forth the state and condition in which such prisoner was when he was delivered into the custody of such superintendent or keeper.

(4) The superintendent of any prison to which any person has been committed under a warrant in accordance with Form 9 shall discharge such person —

(a) on payment to him of the costs or penalty, or such part thereof as remains unpaid;

(b) on receipt of a certificate from the Clerk that the costs or penalty, or the part remaining unpaid, has been paid or realised;

(c) if the costs or penalty or any part thereof remains unpaid or unrealised after he has suffered the period of imprisonment set forth in the warrant of commitment or such portion thereof correspondent with the unpaid part of the fine or penalty.

20. Warrants of execution and commitment

All warrants of execution and commitment shall be prepared by the person seeking to issue same, and shall be presented in duplicate to the Clerk who shall procure the necessary signature, or sign the same, and shall affix the seal of the Court thereto, and issue a duplicate for lodgment with the sheriff, police officer, or other official to whom the same may be directed.

21. Crown not bound by r. 18 to 20

Nothing in the foregoing regulations, numbered 18 to 20 inclusive, shall be deemed to apply to the Crown.

[22. Deleted: Gazette 6 Sep 2002 p. 4489.]

23. Costs

Where the Court or any judge of the Court orders any costs of any proceedings to be paid to a party thereto, there shall be allowed to that party:

(a) the amount of court fees paid by that party;

(b) such further sums in respect of the trouble and loss of time of the party as indicated by the following items —

	$
(i) for typing of any document — for each page...............................................	1.50
but a minimum fee of $3.00 is payable;
(ii) for photocopying of any document — per page.................................................	0.20
(iii) service of any document, where personal service is necessary................	3.00
(iv) travelling fee on service of any document where personal service is necessary — for each kilometre (one way only)...............................................	0.30
(v) such further allowances as in the opinion of the Court or any judge of the Court may reasonably be charged.

[Regulation 23 inserted: Gazette 2 Jul 1982 p. 2383.]

24. Seal of Court

(1) There shall be a seal of the Court bearing the Royal Arms with the words, “The Seal of the Western Australian Industrial Appeal Court”.

(2) The seal shall be in the custody of the Clerk and shall be affixed by him to orders, warrants and processes as provided in these regulations, and to such other documents as the Court or any judge of the Court may direct.

25. Where no procedure prescribed

Where no procedure has been prescribed by the Act or under these regulations, any party or person concerned may make application ex parte to any judge of the Court for directions, and such judge may direct the procedure to be followed.

26. Power to waive procedural requirements

(1) The Court may, in relation to any proceeding before it and the Presiding Judge may, in relation to any proceeding before him, in special circumstances, and either absolutely or subject to conditions, exempt any person from compliance with any procedural requirement of these regulations.

(2) Non‑compliance with any of these regulations shall not render void any proceedings before the Court, or the Presiding Judge, but the proceedings may be set aside either wholly or in part as irregular, or amended, or otherwise dealt with in such manner and upon such terms as the Court, or the Presiding Judge, as the case may be, thinks fit.

27. Forms

The forms in the schedule may be modified to meet the special circumstances of any case. Any reference in these regulations to a form shall be read as a reference to a form in the schedule hereto.

28. Vacations

The vacations and holidays of the Court shall be the same as those of the Supreme Court.

Schedule

Form 1

(Reg. 3)

NOTICE OF APPEAL FROM DECISION OF PRESIDENT, FULL BENCH OR COMMISSION IN COURT SESSION OF THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION OR INDUSTRIAL MAGISTRATE’S COURT

In the Western Australian Industrial Appeal Court.

No. ................................. of 20.............

On Appeal from * .......................................................................................................

Between ............................................................................................

..........................................................................................................., Appellant

and

...........................................................................................................

.........................................................................................................., Respondent.

TAKE notice that .......................................................................................................

....................................................................................................................................,

the abovenamed Appellant, hereby appeals against the decision of the President/Full Bench/Commission in Court Session of The Western Australian Industrial Commission/industrial magistrate’s court held at .....................................

..........................numbered No. ...................... of 20.........., dated the ........................

day of ............................................., 20.........., given in the abovementioned matter.

The following are the matters appealed against: —

...........................................................................................................................

(Here set out whether the appeal is against the whole of the decision, award, or order, or against only part thereof, in the latter case specifying the part or parts appealed against.)

The grounds on which this appeal is made are as follows: —

...........................................................................................................................

(Here set out with particularity the grounds of the Appeal.)

Dated at ........................ this ......................... day of ................................... 20.........

..................................................................

Appellant

(or Solicitor for Appellant).

Name of authority from which the appeal is brought.

This notice of appeal was received in my office on the ............................................ day of .........................................., 20..............

..................................................................

Clerk of the Court.

Form 2

(Reg. 4)

Industrial Relations Act 1979

IN THE WESTERN AUSTRALIAN INDUSTRIAL APPEAL COURT

No. ............................ of 20.........


	To

IN THE MATTER OF................................................................................................

.....................................................................................................................................

Between

.....................................................................................................................................

.....................................................................................................................................
Appellant.

and

.....................................................................................................................................

Respondent.

NOTICE OF HEARING

Take notice that the Court will sit at ..........................................................................

.....................................................................................................................................

on the ................................... day of ........................................................., 20..........,

at ................. o’clock in the ..................... noon to hear the abovementioned matter.

Dated at ........................ this ......................... day of ................................... 20.........

..................................................................

Clerk of the Court.

Form 3

(Reg. 7)

Industrial Relations Act 1979

IN THE WESTERN AUSTRALIAN INDUSTRIAL APPEAL COURT

No. ............................ of 20.........


	To

IN THE MATTER OF ...............................................................................................

.....................................................................................................................................

Between

.....................................................................................................................................

Appellant.

and

.....................................................................................................................................

Respondent.

NOTICE OF MOTION

Take notice that this Honourable Court will be moved by .......................................

.....................................................................................................................................

acting herein on behalf of ...........................................................................................

.....................................................................................................................................

on .............................. the ............................. day of ................................., 20.........., or so soon thereafter as he may be heard, for an order that .......................................

.....................................................................................................................................

Dated at ........................ this ......................... day of ................................... 20.........

..................................................................

Complainant

(or Solicitor for Complainant)

Filed in my office this............................day of............................................, 20........

..................................................................

Clerk of the Court.

Form 4

(Reg. 9)

Industrial Relations Act 1979

IN THE WESTERN AUSTRALIAN INDUSTRIAL APPEAL COURT

No. ............................ of 20.........

IN THE MATTER OF*..............................................................................................

.....................................................................................................................................

State nature of proceedings.

DECLARATION OF SERVICE

I, ..................................................................................................................................

(Full name in Block Letters)

of ......................................................................................................... in the State of

(Address)

Western Australia ........................................................................... do solemnly and

(Occupation)

sincerely declare that on the ...................... day of ...................................... 20........,

I did serve ...................................................................................................................

.....................................................................................................................................

(Description of documents served)

.....................................................................................................................................

upon ............................................................................................................................

(Name of person or party served)

by ................................................................................................................................

(State method of service — refer Reg 8)

at .................................................................................................................................

(Place of service or in case of service by post address of person or party served)

And I make this solemn declaration by virtue of section 106 of the Evidence Act 1906.

Declared at .............................................<br>in the State of Western Australia, this<br>.................. day of ..................................<br>20..........<br>before me—<br>................................................................<br>Clerk of the Court, J.P., Commissioner for Declarations or other authorised persons.	View image in the official source	.............................................

Filed in my office this ........................ day of ..............................................., 20.......

................................................

Clerk of the Court.

Form 5

(Reg. 10)

Industrial Relations Act 1979

IN THE WESTERN AUSTRALIAN INDUSTRIAL APPEAL COURT

No. ............................ of 20.........

IN THE MATTER OF (state matter in which the proceedings are taken) ...............

.....................................................................................................................................

Between

.....................................................................................................................................

Appellant.

and

.....................................................................................................................................

Respondent.

TITLE OF PROCEEDINGS.

Form 6

(Reg. 15)

Industrial Relations Act 1979

IN THE WESTERN AUSTRALIAN INDUSTRIAL APPEAL COURT

No. ............................ of 20.........


	To

IN THE MATTER OF ...............................................................................................

.....................................................................................................................................

Between

.....................................................................................................................................

Appellant.

and

.....................................................................................................................................

Respondent.

SUMMONS

You are hereby summoned to appear before the Presiding Judge of this Honourable Court at ...................................................................................................

.....................................................................................................................................

on ...................................... the .................... day of .................................... 20.........,

at ................... o’clock in the ...............noon or so soon thereafter as the Presiding Judge may hear this summons upon the application of .............................................

.....................................................................................................................................

for an order that ..........................................................................................................

.....................................................................................................................................

Dated at .............................. this .................... day of ............................. 20.........

................................................

Clerk of the Court.

Form 7

(Reg. 18)

Industrial Relations Act 1979

IN THE WESTERN AUSTRALIAN INDUSTRIAL APPEAL COURT

No. ............................ of 20.........

IN THE MATTER OF ...............................................................................................

.....................................................................................................................................

Between

.....................................................................................................................................

Appellant.

and

.....................................................................................................................................

Respondent.

PRAECIPE FOR WARRANT OF EXECUTION OR COMMITMENT

PLEASE ISSUE a Warrant of Execution (or Commitment) against the abovenamed appellant (or respondent) for the sum of $.................. as under, being the amount of Order or part of same made the ........................... day of .................., 20........., before the Western Australian Industrial Appeal Court at .........................

Dated at ................................. this ...................day of .............................. 20.......

......................................................

Appellant or Respondent.

Amount directed to be paid under order or judgment
Paid into Court ..............................................................	______________
Remaining due ..............................................................	$ ______________

Received at ............. a.m./p.m. on the ................... day of ........................... 20........

Warrant issued ............./............./20.............

................................................

Clerk of the Court.

Form 8

(Reg. 18)

Industrial Relations Act 1979

IN THE WESTERN AUSTRALIAN INDUSTRIAL APPEAL COURT

No. ............................ of 20.........

Addressto theSheriffof WesternAustralia.
To

IN THE MATTER OF ...............................................................................................

.....................................................................................................................................

Between

.....................................................................................................................................

Appellant.

and

.....................................................................................................................................

Respondent.

WARRANT OF EXECUTION (AGAINST RESPONDENT OR DEFENDANT)

WHEREAS on the ....................... day of ..............................................., 20............,

the (1) ............................. obtained an order (or judgment) in this Court against the (2)..................................... for payment of the sum of $.......... for penalty and costs, and it was thereupon ordered by the Court that the (2) ............................................. should pay the same to the (1) ................................................... forthwith (or on the ........................... day of ..............................., 20............). And whereas default has been made in payment according to the said order (or judgment), these are therefore to require and order you forthwith to make and levy by distress and sale of the goods of the (2) ...................................................... wheresoever they may be found (excepting so much of the goods of the (2) ........................................... as are protected from seizure under the Local Courts Act 1904) the sum stated at the foot of this warrant being the amount due to the (1) ......................................... under the said order (or judgment) including the costs of this execution; and to pay what sum you shall have so levied to the Clerk, and make return of what you have done under this warrant immediately upon the execution thereof.

Dated at .............................. this ................... day of .............................. 20.........

By the Court,

................................................

Clerk of the Court.

Amount directed to be paid under order (or judgment)	______________
Paid into Court ..............................................................
Remaining due ..............................................................
Fee for issuing this warrant with Sheriffs’ fee for executing this warrant ............................................	______________
Total amount to be levied $	______________

Note. — The goods are not to be sold until after the end of 5 days next following the day on which they were seized, unless they be of a perishable nature, or at the request of the respondent or defendant.

Application was made to the Clerk of the Court for this warrant ........................

minutes past the hour of ....................... in the ...................noon of the ....................

day of ......................................, 20.................

................................................

Clerk of the Court.

(1) Applicant or complainant.

(2) Respondent or defendant.

Form 9

(Reg. 19)

Industrial Relations Act 1979

IN THE WESTERN AUSTRALIAN INDUSTRIAL APPEAL COURT

No. ............................ of 20.........

IN THE MATTER OF ...............................................................................................

.....................................................................................................................................

Between

.....................................................................................................................................

Appellant.

and

.....................................................................................................................................

Respondent.

WARRANT OF COMMITMENT FOR WANT OF EXECUTION

TO the principal police officer at .......................................................... in the State of Western Australia and to all other police officers in the said State and to the Superintendent of Her Majesty’s Prison at .................................... in the said State.

Whereas .........................................., of ............................................. in the State

of Western Australia was on the ......................... day of ...........................................

20............., convicted before the Court at ..................................................................

for that he did* ...........................................................................................................

.....................................................................................................................................

and it was adjudged that the said for his said offence should forfeit and pay the sum of $....................., and should pay to the said ..................................................... the sum of $............................ costs.

And whereas a warrant of execution was issued against the said ........................ and the officer entrusted with its execution has returned the warrant with a report that he was unable to find sufficient goods and chattels of the said ......................... whereon to pay the sum therein mentioned which said sums (or $........................... being portion thereof) still remain due and owing.

These are therefore to command you the said Police Officers to apprehend the said ......................................................................... and convey him to the Prison at ...................................................... aforesaid, and deliver him to the Superintendent thereof together with this warrant, and you the said Superintendent of the said Prison are hereby commanded to receive the said ........................................ into your custody in the said Prison there to imprison him (and keep him to hard labour) for the term of ................................................ unless the said several sums and the costs and charges of conveying him to the said Prison amounting to the further sum of $.................... are sooner paid.

Provided that if the said ......................................................................... shall pay any portion of the total amount (namely, $......................) payable under this warrant, then the period of imprisonment shall be thereby reduced by a period which shall bear the same ratio to the period of imprisonment as the portion paid bears to the total payable, and the prisoner is to be released on the expiry of the reduced period, and in calculating any such reduction fractional parts of days are to be disregarded.

Dated at ................................ this ................... day of............................. 20........

By the Court,

(Seal)

................................................

Presiding Judge.

The total amount payable under this warrant is $.................. made up as follows: —

Amount ordered to be paid ...........................................
Since paid ......................................................................	______________
Remaining due ..............................................................
Costs and charges this warrant .....................................	______________
Total .....	$<br>______________

State offence for which convicted

Form 10

(Reg. 19)

Industrial Relations Act 1979

IN THE WESTERN AUSTRALIAN INDUSTRIAL APPEAL COURT

No. ............................ of 20.........

IN THE MATTER OF ...............................................................................................

.....................................................................................................................................

Between

.....................................................................................................................................

Appellant.

and

.....................................................................................................................................

Respondent.

WARRANT OF COMMITMENT

To all police officers in the State of Western Australia, and to the Superintendent of Her Majesty’s Prison at ............................................................., in the said State.

Whereas .......................................................................... of ................................. ..................................................................................................................................... in the said State was on the .......................................... day of ................................., 20........, convicted before the Court for that he did *.................................................

.....................................................................................................................................

and it was adjudged by the Court that the said........................................................... ......................................................................................... for his said offence should be imprisoned for the term of.................................................................. . These are therefore to command you the said police officers to apprehend the said ................

......................................................... and convey him to the Prison at ....................... aforesaid and deliver him to the Superintendent thereof together with this Warrant, and you the said Superintendent of the said Prison are hereby commanded to receive the said .................................................................. into your custody in the said Prison there to imprison him for the term of ..............................

Dated at ................................. this .................. day of ............................. 20........

*State offence.

By the Court,

................................................

Presiding Judge.

(Seal)

Form 11

(Reg. 19)

Industrial Relations Act 1979

IN THE WESTERN AUSTRALIAN INDUSTRIAL APPEAL COURT

No. ............................ of 20.........

Addressto theClerk ofthe Court.
To

IN THE MATTER OF ...............................................................................................

.....................................................................................................................................

Between

.....................................................................................................................................

Appellant.

and

.....................................................................................................................................

Respondent.

GAOLER’S RECEIPT FOR PRISONER

I hereby certify that I have this day received from .............................................. police officer of .......................................................................................................... in the State of Western Australia, the body of ........................................................... in good health (or as the case may be) ....................................................................... together with a warrant of commitment directing the imprisonment of the said ........................................................................................................... issued out of the Western Australian Industrial Appeal Court of the said State.

Dated at ..................... this ................... day of ...................................... 20..........

...............................................................

Superintendent of the Prison.

[Schedule amended: Gazette 2 Jul 1982 p. 2383; 22 Apr 1994 p. 1668.]

Notes

1 This is a compilation of the Industrial Relations (Western Australian Industrial Appeal Court) Regulations 1980 and includes the amendments made by the other written laws referred to in the following table.

Compilation table

Citation	Gazettal	Commencement
Industrial Arbitration Act (Western Australian Industrial Appeal Court) Regulations 1980 3	4 Mar 1980 p. 709‑23	4 Mar 1980
Industrial Arbitration Act (Western Australian Industrial Appeal Court) Amendment Regulations 1982	2 Jul 1982 p. 2382‑3	2 Jul 1982
Industrial Relations (Western Australian Industrial Appeal Court) Amendment Regulations 1994	22 Apr 1994 p. 1667‑8	22 Apr 1994
*Reprint of the Industrial Relations (Western Australian Industrial Appeal Court) Regulations 1980* as at 15 Mar 2002** (includes amendments listed above)
Industrial Relations (Western Australian Industrial Appeal Court) Amendment Regulations 2002	6 Sep 2002 p. 4489	6 Sep 2002

2 Formerly referred to the Industrial Arbitration Act 1979 the short title of which was changed to the Industrial Relations Act 1979 by the Acts Amendment and Repeal (Industrial Relations) Act (No. 2) 1984 s. 4. The reference was changed under the Reprints Act 1984 s. 7(3)(gb).

3 Now known as the Industrial Relations (Western Australian Industrial Appeal Court) Regulations 1980; citation changed (see note under r. 1).

Defined terms

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined term Provision(s)

Clerk 2

Commission in Court Session 2

Court 2

Full Bench 2

President 2

the Act 2

Western Australia

Industrial Relations Act 1979 2

Industrial Relations (Western Australian Industrial Appeal Court) Regulations 1980

Western Australia

Industrial Relations (Western Australian Industrial Appeal Court) Regulations 1980

Contents

Division 1 — Preliminary

Citation 1
Interpretation 1

Division 2 — Appeals

2A. Time in which section 96K appeals to be instituted 3

Notice of appeal 3
Hearing of appeal 3
Appeal book 3
Appeal not to operate as a stay of proceedings 4

Division 3 — Applications

Notice of motion 5

Division 4 — General provisions

Service 6
Proof of service 6
Rules for conduct of proceedings before Court 6
Documents 8
Affidavits 9
Non acceptance of documents 9
Exhibits 9
Applications to the Presiding Judge 9
Orders 10
Enforcement of orders 10
Execution 10
Commitment 12
Warrants of execution and commitment 13
Crown not bound by r. 18 to 20 13
Costs 14
Seal of Court 14
Where no procedure prescribed 15
Power to waive procedural requirements 15
Forms 15
Vacations 15

Schedule

Notes

Compilation table 32

Defined terms

Western Australia

Industrial Relations Act 1979 2

Industrial Relations (Western Australian Industrial Appeal Court) Regulations 1980

Division 1 — Preliminary

1. Citation

These regulations may be cited as the Industrial Relations (Western Australian Industrial Appeal Court) Regulations 1980 1.

[Regulation 1 inserted: Gazette 22 Apr 1994 p. 1667.]

2. Interpretation

In these regulations unless the context requires otherwise —

Clerk means the Clerk of the Court appointed pursuant to section 85(7) of the Act;

Commission in Court Session has the same meaning as that expression has in and for the purposes of the Act;

Court means the Western Australian Industrial Appeal Court established under the Act;

Full Bench has the same meaning as that expression has in and for the purposes of the Act;

President means the President appointed under section 9 of the Act;

the Act means the Industrial Relations Act 1979 2;

words and expressions used in these regulations have when so used the same respective meanings as are given to them in and for the purposes of the Act.

Division 2 — Appeals

2A. Time in which section 96K appeals to be instituted

An appeal against a decision of an industrial magistrate’s court under section 96K of the Act shall be instituted within 21 days from the date of the decision against which the appeal is brought.

[Regulation 2A inserted: Gazette 22 Apr 1994 p. 1667.]

3. Notice of appeal

(1) Every appeal to the Court under the provisions of the Act shall be by notice of appeal filed with the Clerk of the Court and served as required by these regulations.

(2) The notice of appeal shall be in accordance with Form 1 and shall specify the grounds upon which the appeal is brought.

(3) As soon as reasonably practicable after filing the notice of appeal, the appellant shall serve a copy thereof on each of the other parties to the decision.

4. Hearing of appeal

The Clerk shall give to each party at least 7 days’ notice (or such less notice as the Court may direct) of the date and place of hearing, the notice to be in accordance with Form 2.

5. Appeal book

At least 21 days prior to the date of the hearing of the appeal, the appellant shall file with the Clerk 3 certified suitably bound copies of an appeal book, each containing —

(a) a copy of the notice of appeal;

(b) a copy of the document instituting the proceedings before the President, Full Bench, Commission in Court Sessions or industrial magistrate’s court;

(d) a list of the page numbers of the transcript of the proceedings at which reference is made to the subject matter of the appeal; and the pages thereof necessary for the appeal;

(e) an index of the documents contained in the appeal book,

and shall serve one copy on each of the parties to the appeal.

[Regulation 5 amended: Gazette 22 Apr 1994 p. 1667.]

6. Appeal not to operate as a stay of proceedings

An appeal to the Court does not operate as a stay of proceedings on the decision being appealed from unless the Court or a judge of the Court directs otherwise.

[Regulation 6 inserted: Gazette 22 Apr 1994 p. 1668.]

Division 3 — Applications

7. Notice of motion

Applications to the Court, except where some other method or form is prescribed, shall be by notice of motion in Form 3 and be filed with the Clerk.

Division 4 — General provisions

8. Service

Service of any notice or other document under the Act or these Regulations may be effected: —

(1) in the case of an industrial union, in accordance with section 60(3) of the Act;

(2) in the case of a company or other corporation, by leaving it at, or sending it by post in a prepaid registered letter to the registered office of the company or corporation;

9. Proof of service

Service may be proved by a statutory declaration made before the Clerk, a Justice of the Peace, or Commissioner for Declarations, in accordance with Form No. 4 and filed with the Clerk.

10. Rules for conduct of proceedings before Court

[Regulation 10 amended: Gazette 2 Jul 1982 p. 2382.]

11. Documents

(a) be legibly and clearly typewritten or printed without blotting, erasure or such alterations as cause material disfigurement;

(b) have a space of not less than 6 millimetres between each line;

(c) be upon white paper of good and durable quality and capable of receiving ink writing and of such size as the Clerk from time to time directs;

(d) be upon one side only of the paper with a quarter margin upon the left hand side of each sheet;

(e) have each page numbered;

(2) The Clerk may refuse to file or accept a document to which paragraph (1) applies if it does not comply with the provisions of that paragraph, and the costs of the document may be disallowed.

(3) A typewritten copy of a document to which paragraph (1) applies shall not be filed, registered or marked as an office copy unless it is a first black ink copy.

(4) Any notice, request or consent required or allowed by these Rules may not be given orally except with the leave of the Court.

(5) The Court may require any document required for use in the Court to be printed or otherwise produced in any particular manner that it thinks fit.

12. Affidavits

(1) All affidavits filed with the Clerk shall be drawn up and signed so as to comply with the requirements of Order 37 of the Rules of the Supreme Court 1971.

[Regulation 12 amended: Gazette 6 Sep 2002 p. 4489.]

13. Non acceptance of documents

The Clerk may refuse to file or accept an affidavit or document if it does not comply with the provisions of regulations 11 and 12 and the costs of the affidavit or document may be disallowed.

14. Exhibits

No party to any proceeding before the Court or any judge of the Court shall be at liberty to remove any exhibits without first obtaining leave of the Court or the judge, as the case may be.

15. Applications to the Presiding Judge

16. Orders

17. Enforcement of orders

18. Execution

(2) Any fine, cost or fees directed to be levied by execution shall be recoverable by warrant of execution in accordance with Form 8 directed to the sheriff.

Any money paid to the sheriff or recovered in an action brought by him in respect of any such instrument shall be paid into the Court by him.

Until the sale, the goods must be deposited by the sheriff in some fit place or they may remain in the custody of a fit person approved by the sheriff to be put in possession by the sheriff.

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