Commonwealth legislation

Rules of Court - Commonwealth Court of Conciliation and Arbitration (Amendment)

RepealedCTH

This Act has been repealed and is no longer in force. It is retained for historical reference.

Jurisdiction

Commonwealth

Act Number

168 of 1946

Collection

legislative instrument

Plain English Summary

2/10 complexity

This amendment patches a procedural hole in the rules of Australia's former industrial relations court (the Commonwealth Court of Conciliation and Arbitration).

The problem it fixes: If a judge made a decision (called a court order) but died or resigned before signing the official paperwork, the order was legally stuck—creating delays and uncertainty for workers and employers in industrial disputes.

The solution: Now, if a judge dies or resigns after making a decision but before signing it, the Court's Registrar (the chief administrative officer) can sign and seal the document instead. This signed copy has the same legal force as if the original judge had signed it.

In short: It prevents bureaucratic limbo when a judge passes away or leaves office unexpectedly.

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Current sections

Direct links to the current provisions in Rules of Court - Commonwealth Court of Conciliation and Arbitration (Amendment).

Rules of Court - Commonwealth Court of Conciliation and Arbitration (Amendment)

STATUTORY RULES

1946. No. 168.

THE COMMONWEALTH COURT OF CONCILIATION AND ARBITRATION.

Rules of Court.*

As of Tuesday the twelfth day of November, 1946.

IT is ordered as follows:—

That the Rules of the Commonwealth Court of Conciliation and Arbitration as of the 3rd day of October 1903 as amended by Rules of Court dated the 22nd day of October 1909 the 28th day of April 1924 the 4th day of June 1931 and the 20th day of December 1935 respectively be further amended as follows that is to say:—

By inserting at the end of Rule 65 the following proviso:—

“Provided however that where a Judge of the Court dies or the resignation of a Judge of the Court becomes effective after an order has been made by that Judge before a copy thereof had been signed by him an order signed by the Registrar in terms of the order so made and sealed with the seal of the Court shall have effect as if the order had been signed by the Judge”.

The foregoing Rule shall come into operation on the 12th day of October, 1946.

E. DRAKE-BROCKMAN, Acting Chief Judge of the said Court.

(l. s.) ALFRED W. FOSTER, Judge.

B. SUGERMAN, Judge.

* Notified in the Commonwealth Gazette on 25th November, 1946.

___________________

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.

7290.—Price 3d.

Source text

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.

1 Rules of Court - Commonwealth Court of Conciliation and Arbitration (Amendment)