Part 21 Default judgment, summary judgment and
assessment of compensation
21.01 Application for default judgment .................................................... 71
21.02 Application for summary judgment ................................................ 72
21.03 Form of application, &c. ................................................................. 72
21.04 Review of proceeding .................................................................... 72
21.05 Magistrate to make assessment .................................................... 73
21.06 Application to set aside default judgment ...................................... 73
22.01 Filing and serving draft .................................................................. 73
22.02 Party may request amendment of draft ......................................... 73
22.03 Parties may endorse agreement on draft ...................................... 74
22.04 Settling draft, &c. ........................................................................... 74
22.05 Court may correct error.................................................................. 74
Work Health Court Rules 1999 viii
23.01 Definitions ...................................................................................... 75
23.02 Application of Supreme Court Rules 1987 ..................................... 75
23.03 Power and discretion of Court ....................................................... 76
23.04 Court to fix percentage of Supreme Court costs ............................ 76
23.05 Failure to provide correct information to mediator ......................... 77
23.06 Costs in respect of conciliation conference.................................... 77
23.07 Costs of interlocutory application ................................................... 77
23.08 Taxing officer ................................................................................. 77
23.09 Bill of costs .................................................................................... 78
23.10 Notice of objection ......................................................................... 78
23.11 Particular allowances ..................................................................... 79
23.12 Review of taxing officer's order ...................................................... 79
24.01 Change in legal practitioner ........................................................... 80
24.02 Appointment of legal practitioner ................................................... 80
24.03 Ceasing to act................................................................................ 80
24.04 Service if practitioner ceases to practise ....................................... 81
25.01 Repeal ........................................................................................... 81
As in force at 25 May 2024
WORK HEALTH COURT RULES 1999
Rules under the Work Health Administration Act 2011
Division 1 Citation and Commencement
1.01 Citation
These Rules may be cited as the Work Health Court Rules 1999.
1.02 Commencement
These Rules come into operation on the commencement of the
Work Health Amendment Act (No. 2) 1998.
Division 2 Application of Rules
1.03 Definitions
In this Division:
commencement date means the date on which these Rules come
into operation.
former Rules means the Work Health Court Rules 1987 in force
immediately before the commencement date.
pending proceeding means a proceeding in the Court to which,
immediately before the commencement date, the former Rules
applied.
1.04 Application
(1) These Rules apply to every proceeding commenced in the Court on
or after the commencement date.
(2) Subject to this Division, these Rules apply with the necessary
changes to a pending proceeding.
Work Health Court Rules 1999 2
(3) The Court may order that the former Rules or certain procedures
prescribed by the former Rules are to apply to a pending
(4) The repeal of the former Rules does not affect anything done or
omitted to be done in a pending proceeding before the
commencement date and, except as provided in this Division,
anything done or omitted to be done before that date is to be taken
to have been done or omitted under these Rules.
1.05 Jurisdiction not affected
Nothing in these Rules limits the jurisdiction, power or authority that
the Court had immediately before the commencement date.
1.06 Time for doing act in pending proceeding
If the time for doing an act in a pending proceeding is specified in
process issued or an order made by the Court before the
commencement date, that time continues to apply to that act
despite anything to the contrary in these Rules.
1.07 Costs in pending proceeding
The costs for work done in a pending proceeding:
(a) before the commencement date are to be determined in
accordance with the former Rules; and
(b) on or after the commencement date are to be determined in
accordance with these Rules.
1.08 Interpretation
(1) In these Rules, unless the contrary intention appears:
an Act includes an Act of the Commonwealth.
assigned magistrate means a magistrate assigned by the
managing magistrate under rule 1.11 to supervise a proceeding.
Authority means the Work Health Authority.
communication link means facilities (including telephone and
closed-circuit television) that enable audio, audio visual or visual
communication between persons at different places.
Work Health Court Rules 1999 3
conciliation officer means a person authorised by the Chief
Magistrate to preside at a conciliation conference.
corporation means a corporation within the meaning of the
Corporations Act 2001.
counterclaim means a claim in a proceeding:
(a) by an employer against a worker; or
(b) by a respondent against an applicant.
Court includes a magistrate, a Judicial Registrar, the Registrar and
an Assistant Registrar.
determination includes a decision and a judgment.
discovery means discovery and inspection of documents or
discovery by written interrogatories.
document exchange facility means a document exchange facility
approved for the time being by the Chief Justice on the
recommendation of the Law Society Northern Territory.
file means to lodge in a registry or at a place approved by the Chief
Magistrate as a place where documents may be lodged for the
purposes of these Rules.
firm means an unincorporated body of persons (whether consisting
of individuals or of corporations or partly of individuals and partly of
corporations) associated together to conduct business.
hospital report means a statement in writing concerning a worker,
made by or on behalf of a hospital, rehabilitation centre or other
similar institution.
medical report:
(a) means a statement in writing by a medical expert concerning a
worker; and
(b) includes a document (including a radiographic document) that
the medical expert intends should be read with the statement,
whether the document was in existence at the time the
statement was made or was a document that he or she
subsequently obtained or caused to be brought into existence.
order includes a direction, decision, determination and judgment,
whether final or otherwise.
Work Health Court Rules 1999 4
party, in relation to a proceeding, means the worker, employer,
applicant or respondent or a person joined as a party.
pleading does not include an application commencing a
proceeding or an appearance.
possession means possession, custody or power.
Registrar includes an Assistant Registrar and a Judicial Registrar.
registry means an office of a Registrar.
seal means the seal of the Court.
the Act means the Return to Work Act 1986.
(2) In these Rules, unless the contrary intention appears:
(a) a person who commences or has commenced a proceeding in
respect of a decision of his or her employer:
(i) to dispute liability for compensation claimed by the
person;
(ii) to cancel or reduce compensation being paid to the
person; or
(iii) in relation to a matter or question incidental to or arising
out of the person's claim for compensation,
is called the worker and the person against whom the
proceeding is or was commenced is called the employer; and
(b) a person who commences or has commenced any other
proceeding under the Act is called the applicant and the
person against whom the proceeding is commenced is called
the respondent.
1.09 Registry hours
The hours of a registry are those of the Local Court at which the
registry is situated.
1.10 Registry seal
(1) Each registry is to have a seal of the Court approved by the Chief
Magistrate and kept by a Registrar.
Work Health Court Rules 1999 5
(2) The seal is to be used by or at the direction of a Registrar to stamp
all documents in relation to a proceeding filed in or issued out of:
(a) the registry; or
(b) a place approved by the Chief Magistrate as a place where
documents may be lodged for the purposes of these Rules.
1.11 Managing magistrate
Subject to the directions of the Chief Magistrate, the managing
magistrate must manage the business of the Court as he or she
sees fit, including the assigning of a magistrate to supervise a
1.12 Procedure for which no provision made
If the procedure:
(a) for commencing or taking a step in a proceeding; or
(b) by which the jurisdiction, power or authority of the Court is
exercisable,
is not prescribed by these Rules or by or under the Act, the Court
may make the orders or follow the procedure it thinks fit.
1.13 Act by corporation
If the Court makes an order that a corporation is to do an act, it may
order that the act be done by the corporation by an appropriate
officer.
1.14 Power to act by legal practitioner, &c.
Unless the contrary intention appears, anything in a proceeding that
is required or permitted by these Rules, an Act, or otherwise by law
to be done by a party may be done by:
(a) the party's legal practitioner; or
(b) the person entitled under section 98 of the Act to represent the
1.15 Appeal against order, etc. made by Registrar
(1) An appeal under section 114A of the Act is to be by application
made under Part 6.
Work Health Court Rules 1999 6
(2) Unless a magistrate orders otherwise, an appeal under this rule
does not act as a stay of the order or thing appealed against.
(3) Except with the leave of a Registrar or magistrate, an appeal under
this rule is to be commenced not later than 14 days after the date
on which the order or thing appealed against was made or done.
2.01 Calculating time
(1) Unless the Court orders otherwise, a time fixed by these Rules or
by an order or document in a proceeding is to be calculated in
accordance with this rule.
(2) If a time of one day or longer is to begin on or be calculated from a
day or event, the day or the day on which the event occurs is to be
excluded.
(3) If a time of one day or longer is to end on or be calculated to a day
or event, the day or the day on which the event occurs is to be
included.
(4) If a time of 7 days or less includes a day on which a registry is
closed, that day is to be excluded.
(5) If the last day for doing an act at a registry is a day on which the
registry is closed, the act may be done on the next day the registry
is open.
2.02 Time of service
(1) Service that is effected:
(a) after 4.00 p.m. on a Monday to Friday inclusive;
(b) after 12 noon on a Saturday;
(c) at any time on a Sunday; or
(d) at any time on a public holiday (except Christmas Day or
Good Friday) in the place where service is effected,
is to be taken as having been effected on the next day the registry
is open.
Work Health Court Rules 1999 7
(2) If a document is delivered into a document exchange facility in
accordance with rule 4.07(1)(d), service is to be taken as having
been effected on the next day on which the document exchange
facility is open for business.
2.03 Expanding or abridging time
(1) Subject to section 94(2) of the Act, the Court may expand or
abridge a time fixed by these Rules or the Act.
(2) If the Court thinks fit, it may expand a time under subrule (1) before
or after the time expires, whether or not an application for
expansion is made before the time expires.
(3) If the Court orders an expansion or abridgement of a time, the party
who applied for the order must give notice as soon as practicable to
all other parties:
(a) by endorsement on a document to be filed and served; or
(b) in the manner the Court orders.
(4) The time for delivering, amending or filing a document in a
proceeding, other than under Part 6 of the Act, may be expanded
without an application to the Court if all the other parties give written
consent.
2.04 Fixing time
If a time for doing an act in a proceeding is not fixed by these Rules
or an order, the Court may fix a time.
2.05 Prescribed forms
(1) A reference in these Rules to a form by number is a reference to a
form so numbered in the Schedule.
(2) If a document required by or under the Act or these Rules is not
prescribed in these Rules or the practice directions given under
section 95(1) of the Act, the Registrar may accept a document in
the form he or she approves.
(3) An inaccuracy in the completion of a form or the use of a wrong
form does not invalidate a proceeding, but the Court may make
amendments to the form or make the orders that the Court
considers appropriate.
Work Health Court Rules 1999 8
2.06 Filing documents
(a) an application commencing a proceeding has been filed; and
(b) a document in connection with the proceeding is to be filed
(other than an appearance to be filed under Division 3 of
Part 5),
the document is to be filed by delivering it to the registry or place
where the application was filed.
(2) A party required to file a document need file only one copy unless
these Rules specify otherwise.
(3) If a document (other than an affidavit) is to be filed accompanied by
other documents, the documents are to be numbered consecutively
at the top of each first page and attached securely, in numerical
order, to an index of documents in accordance with Form 2A.
2.07 Registrar may post document, &c.
If the Registrar is required by these Rules to give or send a
document to a person, the Registrar may:
(a) send the document by post to the person's last known
address;
(b) send the document by facsimile transmission to the number
provided for the purpose; or
(c) if the person or the person's legal practitioner has a document
exchange facility – deliver the document into the facility.
2.08 Form and content
(1) A document prepared for use in the Court is to be prepared in
accordance with this rule.
(2) A document is to:
(a) be of durable paper in the size known as International Paper
Size A4 and be capable of receiving writing in ink;
(b) have a left-hand margin of at least 25 millimetres;
(c) be printed or typed and the text is to be clear, sharp, legible
and permanent;
Work Health Court Rules 1999 9
(d) be headed "In the Work Health Court at" followed immediately
by the venue of the Court in which the proceeding has been or
is to be commenced and state the identifying number
assigned by the Court to the proceeding;
(e) specify the names of all the parties to the proceeding;
(f) contain a short heading indicating the nature of the document;
and
(g) state the name, address and telephone, facsimile and
reference numbers of the legal practitioner who prepared the
form or, if the party acts without a legal practitioner, the name,
address and telephone and facsimile numbers of the party.
(3) A document is not to have a backing sheet.
(4) Dates (other than months), amounts and other numbers are to be
expressed in figures and not in words.
(5) The Court may require a document in a proceeding to be prepared
in a manner it considers appropriate.
3.01 Proper venue
(1) A proceeding is to be commenced in a proper venue of the Court.
(2) In the case of a proceeding commenced by a worker, a proper
venue is a registry that is nearest to:
(a) the worker's residence immediately before the proceeding is
commenced;
(b) the worker's residence at the time the injury occurred or the
disease was contracted;
(c) the workplace where the injury occurred or the disease was
contracted; or
(d) the place of business of the employer.
Work Health Court Rules 1999 10
(3) In the case of a proceeding commenced under section 62(2) of the
Act by a person claiming to be a dependant of a deceased worker,
a proper venue is a registry that is nearest to:
(a) the dependant's residence immediately before the proceeding
is commenced;
(b) the dependant's residence at the time the deceased worker
suffered the injury or contracted the disease that caused his or
her death;
(c) the workplace where the deceased worker suffered the injury
or contracted the disease that caused his or her death; or
(d) the place of business of the person who was the employer of
the deceased worker at the time the deceased worker suffered
the injury or contracted the disease that caused his or her
death.
(4) In any other case, a proper venue is a registry that is nearest to:
(a) the applicant's or respondent's residence immediately before
the proceeding is commenced;
(b) the applicant's or respondent's residence at the time the claim
arose;
(c) the applicant's or respondent's place of business immediately
before the proceeding is commenced;
(d) the applicant's or respondent's place of business at the time
the claim arose; or
(e) the place where the claim arose.
(5) Whether or not a proceeding is commenced in a venue of the Court
that is not a proper venue, the Court may hear and determine the
proceeding at the venue at which the proceeding was commenced
or at another venue the Court considers appropriate.
(6) A proceeding is not void or in any other way affected by reason only
that the proceeding was heard and determined at a venue of the
Court other than a proper venue.
Work Health Court Rules 1999 11
Division 2 Commencement of proceeding and making
interlocutory application
3.02 Commencement of proceeding
A proceeding is commenced:
(a) by filing an application under Division 2 of Part 5; or
(b) in the case of an application for commutation of compensation
payments – by filing an application under Division 2 of Part 15.
3.03 Interlocutory application
An interlocutory application is to be made under Part 6.
3.04 Orders for conduct of proceeding
(1) At any stage of a proceeding the Court may, of its own motion or on
application, make orders relating to the conduct of the proceeding
that the Court thinks are conducive to its fair, effective, complete,
prompt and economical determination.
(2) Without limiting subrule (1), the Court may at any stage of a
proceeding make orders relating to the following matters:
(a) the facilitating of agreement between the parties;
(b) admissions in relation to questions involved in the proceeding;
(c) filing and service of or dispensing with pleadings, including a
statement of claim and notice of defence;
(d) provision of further and better particulars of a fact or matter;
(e) time limits for pleadings;
(f) discovery and inspection;
(g) interrogatories;
(h) referring the parties to or dispensing with a directions
conference or prehearing conference;
(j) referring the parties to a conciliation conference;
(k) settling issues for the hearing of the proceeding;
Work Health Court Rules 1999 12
(m) listing the proceeding for hearing;
(n) the giving of evidence and the calling of witnesses;
(p) the admission into evidence of facts or documents;
(q) other matters of practice and procedure.
3.05 Order for admissions or agreements
(1) On an application for an order relating to the conduct of a
proceeding, the Court must:
(a) be satisfied that admissions to be made or agreements
proposed relating to the conduct of the proceeding are
reasonable and ought reasonably to be made; and
(b) record the admissions or agreements made.
(2) The Court:
(a) must record a refusal to make an admission or agreement
relating to the conduct of the proceeding; and
(b) may later, if the Court considers it appropriate, take the refusal
into account on a question of costs.
3.06 Other party may apply for orders
If a party applies for orders relating to the conduct of a proceeding,
any other party who attends at the hearing of the application may
apply for orders.
3.07 Notice of discontinuance or withdrawal
(1) At any time before the date fixed for the hearing of a proceeding a
party may, without the leave of the Court:
(a) discontinue an application or counterclaim by filing and
serving a notice of discontinuance; or
(b) withdraw an appearance or notice of defence by filing and
serving a notice of withdrawal.
(2) A notice of discontinuance or withdrawal is to be in accordance with
Form 3A.
Work Health Court Rules 1999 13
(3) Discontinuance or withdrawal is effective when the relevant notice
has been filed and served.
3.08 Costs
(1) A party who discontinues or withdraws must pay the costs of the
other party incurred before service of the notice of discontinuance
or withdrawal unless the Court orders otherwise.
(2) Costs to be paid under this rule may be recovered as an award of
the Court.
3.09 Similar application for same cause
A party who discontinues an application or counterclaim may
commence a similar application or make a counterclaim for the
same cause only:
(a) with the leave of the Court; or
(b) with the consent of the other party.
4.01 Documents to be served
A copy of each document filed by a party is to be served on each
other party.
4.02 When personal service necessary
A document to be served in a proceeding need not be served
personally unless personal service is required by the Act, these
Rules or an order of the Court.
4.03 How personal service effected
(1) Personal service of a document is effected:
(a) by leaving a copy of the document with the person to be
served; or
(b) if the person does not accept the copy – by putting the copy
down in the person's presence and telling the person the
nature of the document.
(2) To effect personal service, it is not necessary to show the original
document.
Work Health Court Rules 1999 14
4.04 Personal service on particular party
Personal service of a document is effected by serving the document
in accordance with rule 4.03:
(a) in the case of a corporation:
(i) if it is a company within the meaning of the Corporations
Act 2001 – by serving a document in accordance with
section 109X of that Act; or
(ii) if it is a registered body within the meaning of the
Corporations Act 2001 – by serving a document in
accordance with section 601CZ of that Act.
(b) in the case of a statutory corporation – on the Commissioner,
chairperson, president, manager, chief executive officer or
other officer of the statutory corporation;
(c) in the case of the Territory or the Crown in right of the
Territory – on the Solicitor for the Northern Territory or a
person authorised to accept service of documents on behalf of
the Solicitor for the Northern Territory;
(d) in the case of the Commonwealth or the Crown in right of the
Commonwealth – on the Australian Government Solicitor or a
person authorised to accept service of documents on behalf of
the Australian Government Solicitor;
(e) in the case of the Authority – on the Chief Executive Officer or
a person authorised to accept service of documents on behalf
of the Chief Executive Officer;
(f) in the case of an infant:
(i) on a parent or guardian of the infant; or
(ii) if there is no such person – on the person with whom the
infant resides or in whose care the infant is; or
(g) in the case of a person under a disability as defined in
rule 10.01(b):
(i) on the person who, under Part 10, is the litigation
guardian in the proceeding to which the person with a
disability is a party; or
(ii) if there is no litigation guardian – on the person with
whom the person under a disability resides or in whose
care the person is.
Work Health Court Rules 1999 15
4.05 Personal service on firm or company
Personal service is effected on:
(a) individuals suing or being sued in the name of a firm, the
business name of which is registered under the Business
Names Act 2007 – by:
(i) leaving a document, addressed to the firm, at the firm's
business address with someone who appears to be at
least 16 years old and appears to be employed by the
firm; or
(ii) sending a document by registered post addressed to the
firm at the firm's business address; or
(b) individuals suing or being sued in the name of a firm, the
business name of which is not registered under the Business
Names Act 2007 – by serving a document in accordance with
rule 4.03 on a person who appears to be a member of the firm
or to have the control or management of the business; or
(c) on a company within the meaning of the Corporations
Act 2001 – by serving a document in accordance with the
relevant subsections of section 109X of the Act.
4.06 Address for service
(1) The address for service of a worker or applicant is:
(a) if he or she is represented by a legal practitioner – the
business address in Australia of the legal practitioner or the
legal practitioner's agent as stated in the application
commencing the proceeding;
(b) if he or she commences a proceeding in person – the address
for service in Australia as stated in the application
commencing the proceeding; or
(c) in the case of a worker who is represented by a person under
section 98 of the Act – the address of the person in Australia
as stated in the application commencing the proceeding.
(2) The address for service of an employer or respondent is:
(a) if he or she is represented by a legal practitioner – the
business address in Australia of the legal practitioner or the
legal practitioner's agent as stated in the appearance; or
Work Health Court Rules 1999 16
(b) if he or she defends in person – the address for service in
Australia as stated in the appearance.
(3) A party, or a party's legal practitioner, may include in the address
for service a number for facsimile transmission by which service of
documents may be effected.
4.07 How ordinary service effected
(1) If personal service of a document is not required, the document
may be served:
(a) by leaving it at the address for service of the person to be
served;
(b) by sending it by prepaid post to the person to be served at the
person's address for service;
(c) if provision is made by or under an Act for service of a
document on a corporation – by serving it in accordance with
the provision;
(d) if the legal practitioner for a party has a document exchange
facility – by delivering it into the facility; or
(e) if a party or a party's legal practitioner has the facility for the
reception of documents by facsimile transmission – by
transmitting the document to the facility.
(2) For the purpose of subrule (1), if at the time service is to be effected
the person to be served has not stated an address for service in
accordance with rule 4.06, the address for service is:
(a) in the case of an individual – the person's usual or last known
place of residence or business;
(b) in the case of individuals suing or being sued in the name of a
firm – the principal or last known place of business of the firm;
or
(c) in the case of a corporation – the registered office or principal
place of business of the corporation.
4.08 Identity of person served
For the purposes of proof of service, evidence of a statement by a
person:
(a) of the person's identity; or
Work Health Court Rules 1999 17
(b) that the person holds a particular office,
is evidence of that fact.
4.09 Acceptance of service by legal practitioner
If, in a proceeding:
(a) a document is to be served on a person; and
(b) a legal practitioner makes a note on a copy of the document
that he or she accepts service of the document on behalf of
the person,
unless the legal practitioner is shown not to have had authority to
accept service, the document is to be taken as having been served
on the person on the day on which the legal practitioner made the
note or on such other day as is proved.
4.10 Substituted service
(1) If it is impracticable to serve a document in a manner required by
these Rules, the Court may order that, instead of service, steps
specified by the Court be taken to bring the document to the notice
of the person to be served.
(2) If the Court makes an order under subrule (1), it may order that the
document is to be taken as served when a specific event happens
or a specific time expires.
(3) The Court may make an order under subrule (1) despite the person
who is to be served being out of the Territory when the proceeding
is commenced or the order is made.
(4) An application for an order under subrule (1) is to be supported by
an affidavit stating:
(a) that attempts at service have been unsuccessful, or the
reason personal service is impracticable;
(b) the manner of service proposed; and
(c) how the proposed manner of service will bring the document
to the notice of the person to be served.
Work Health Court Rules 1999 18
(5) In deciding whether it is impracticable to serve a document, the
Court must consider:
(a) whether the applicant has taken reasonable steps to discover
the whereabouts of the person to be served and to serve the
person with the document;
(b) the means of the applicant, the likely cost to the applicant and
the nature of the document to be served;
(c) whether by advertising or some other method the existence of
the document is likely to come to the knowledge of the person
to be served; and
(d) any other relevant matters.
(6) In the case of an application by a worker, the Court may order that
service on the employer's insurer is sufficient service on the
employer.
4.11 Confirmation of informal service
If a document has not been served in a manner required by or
under these Rules or a law in force in the Territory but steps have
been taken to bring, or which may tend to bring, the document to
the notice of the person to be served, the Court may order that the
document be taken as served on the person on a date specified in
the order.
4.12 Service under agreement
If, before or after the commencement of a proceeding, the parties
agree that documents may be served on a party or on a person on
behalf of a party in a manner or at a place specified in the
agreement, service in accordance with the agreement is proper
service.
4.13 No service Christmas Day or Good Friday
A person is not entitled to serve a document on Christmas Day or
Good Friday and service on those days is ineffective.
4.14 Affidavit or declaration of service
(1) In the case of personal service of a document, an affidavit or
declaration of its service is to have attached a copy of the
document served or clearly describe the document and state:
(a) by whom the document was served;
Work Health Court Rules 1999 19
(b) the time, day of the week and date when the document was
served; and
(c) the manner of identifying the person served.
(2) In the case of ordinary service of a document, an affidavit or
declaration of its service is to state, with relevant dates, the facts
constituting service.
(3) A document purporting to be an affidavit or declaration of service is
to be taken as evidence of proper service of the document unless
the contrary is proved.
Division 1 Application for interim determination
5.01 Application for interim determination
(1) A party making an application in respect of an interim
determination, referred to in section 107 of the Act, must do so by
interlocutory application.
(2) A party may file and serve an affidavit in reply to an application for
an interim determination not later than 14 days after being served
with the application.
5.02 Form and content
(1) An application commencing a proceeding is to be in accordance
with Form 5A and is to:
(a) specify the section of the Workplace Health and Safety
Act 2007 or the Return to Work Act 1986 to which the
application relates;
(b) state the full name, address, telephone number and facsimile
number (if any) of the party making the application;
(c) if the party making the application is a worker who is
represented by a person under section 98 of the Act – state
the full name, address, telephone number and facsimile
number (if any) of the person;
Work Health Court Rules 1999 20
(d) if the party making the application is represented by a legal
practitioner:
(i) state the name of the legal practitioner and his or her
firm, the business address in Australia and the
telephone, facsimile and reference numbers of the legal
(ii) if the legal practitioner is the agent of another legal
practitioner – state the name, firm, business address and
telephone, facsimile and reference numbers of the
principal;
(e) specify, in accordance with rule 4.06, the address for service
of the party making the application;
(f) be signed by the party making the application or a legal
practitioner on the party's behalf;
(g) show the date on which the application is filed; and
(h) be signed and sealed by a Registrar.
(2) Unless the Court orders otherwise, an application filed by a worker
is to be accompanied by a copy of the following documents (as
applicable) that relate to the worker's claim:
(a) the worker's claim form and medical certificate referred to in
section 82 of the Act;
(b) notifications of decisions and statements made under
section 85 of the Act;
(c) applications and decisions made under section 86 of the Act;
(d) notices and statements given under section 69 of the Act;
(e) all hospital reports and medical reports in the worker's
possession, whether or not they support the worker's claim;
(f) the certificate issued by the mediator under section 103J of
the Act.
(3) An application under section 62(2) of the Act by a person claiming
to be a dependant of a deceased worker is to be accompanied by a
list of the names and addresses of all other persons who, to the
best of the applicant's knowledge, were dependants of the
deceased worker at the time of his or her death.
Work Health Court Rules 1999 21
5.03 Filing and service
(1) A party must file sufficient copies of an application made under this
Division to enable the party to serve a sealed copy on each other
(2) The party must serve a sealed copy of the application and, if
applicable, the documents referred to in rule 5.02(2) personally on
the other parties as soon as practicable.
5.04 Affidavit of service
(1) Subject to subrule (3), an affidavit of service of an application made
under this Division is be filed before the date fixed under rule 7.01
for the directions conference.
(2) An affidavit of service of an application is to be in accordance with
Form 5B.
(3) An affidavit of service of an application need not be filed if the
employer or respondent files an appearance before the date fixed
for the directions conference.
(4) If a party required by this rule to file an affidavit of service does not
do so within the time fixed by subrule (1), the Court may:
(a) strike out the application; or
(b) allow the application to proceed on the terms the Court orders.
5.05 Time for filing
(1) An employer or respondent served with an application under
Division 2 must file an appearance not later than 14 days after the
date of service.
(2) An appearance may be filed by post.
(3) If a party referred to in subrule (1) does not file an appearance
within the time fixed by that subrule, the party who made the
application may apply for default judgment under Part 21 and, if
Work Health Court Rules 1999 22
5.06 Form and content
(1) An appearance is to be in accordance with Form 5C and is to:
(a) state the full name, address, telephone number and facsimile
number (if any) of the party filing the appearance;
(b) if the party filing the appearance is represented by a legal
practitioner:
(i) state the name of the legal practitioner and his or her
firm, the business address in Australia and the
telephone, facsimile and reference numbers of the legal
(ii) if the legal practitioner is the agent of another legal
practitioner – state the name, firm, business address and
telephone, facsimile and reference numbers of the
principal;
(c) specify, in accordance with rule 4.06, the address for service
of the party filing the appearance;
(d) be signed by the party filing the appearance or a legal
practitioner on the party's behalf;
(e) show the date on which the appearance is filed; and
(f) be sealed by a Registrar.
(2) An appearance filed by an employer is to:
(a) state the extent to which the facts stated by the worker on the
original claim form are alleged to be inaccurate or incomplete;
(b) if the employer has a claim against the worker – contain a
brief statement of the claim; and
(c) be accompanied by all hospital reports and medical reports in
the possession of the employer relating to the worker's claim,
whether or not they support the employer's allegations.
5.07 Appearance by dependant
(1) A person (other than the applicant) who claims to be a dependant in
respect of an application under section 62(2) of the Act is a
respondent to the application and must:
(a) file an appearance; and
(b) serve a copy on the applicant and each other respondent.
Work Health Court Rules 1999 23
(2) Before determining an application under section 62 of the Act, the
Court must be satisfied that all persons who are or may be entitled
to claim as dependants have come to its attention.
5.08 Service
(1) An employer or respondent must serve a copy of the appearance
and any accompanying documents on the party who made the
application as soon as practicable, but not later than 14 days after
the date on which the appearance was filed.
(2) An appearance may be served by post.
6.01 Definitions
In this Part:
applicant means the party making an interlocutory application.
hearing means the hearing of an interlocutory application.
6.02 When application may be made
A party may apply for an interlocutory order at any time after the
commencement of a proceeding.
6.03 Form and content
An interlocutory application:
(a) is to be in accordance with Form 6A unless the Court orders
otherwise;
(b) is to be signed by the applicant or the applicant's legal
(c) may be supported by an affidavit.
6.04 Filing and date for hearing
(1) The applicant must file sufficient copies of the interlocutory
application to enable the applicant to serve a sealed copy on each
other party and, if the application is supported by an affidavit, must
file one copy of the affidavit.
(2) On receipt of the interlocutory application, a Registrar must:
(a) sign and seal the application;
Work Health Court Rules 1999 24
(b) fix a date, time and place for the hearing; and
(c) issue the application.
6.05 Service
(1) The applicant must serve a sealed copy of the interlocutory
application and, if applicable, a copy of the supporting affidavit on
each party to whom the application is addressed.
(2) Subject to these Rules, an interlocutory application and supporting
affidavit must be served:
(a) within a reasonable time before the date fixed for the hearing
and, in any case, not later than 2.00 p.m. on the day before
the date fixed for the hearing; or
(b) if the registry is closed on the day before the date fixed for the
hearing – not later than 2.00 p.m. on the day the registry is
last open before that date.
6.06 Evidence by affidavit
(1) All evidence in respect of an interlocutory application is to be given
by affidavit unless the Court orders otherwise.
(2) An affidavit may contain a statement of fact based on information
and belief if the grounds are set out.
(3) A party cannot cross-examine the deponent of an affidavit unless
the Court orders otherwise.
(4) If a party proposes to place the report of an expert medical witness
before the Court, the medical expert is not required to make an
affidavit annexing the report if:
(a) the report is annexed to an affidavit made by a party or a
representative of a party; and
(b) copies of all correspondence and documents placed before
the medical expert to request or enable the report to be
prepared are annexed to the affidavit; and
(c) the qualifications of the medical expert appear sufficiently on
the face of the report or are otherwise established in the
affidavit to the satisfaction of the Court.
Work Health Court Rules 1999 25
6.07 Attendance by communication link
(1) With the leave of the Court, a person may attend a hearing by
communication link if physical attendance is impracticable.
(2) A person wishing to attend a hearing by telephone must seek the
leave of the Court not later than 24 hours before the time fixed for
the hearing.
(3) A person wishing to attend a hearing by closed-circuit television
must seek the leave of the Court in sufficient time to allow for the
reservation of the communication facilities to be used at the
hearing.
(4) Leave under this rule may be granted informally by telephone and
without notice to any other person.
(5) A person who is granted leave to attend a hearing by
communication link must give notice to other persons that the Court
orders.
(6) The Court may direct that the person granted leave under this rule
must reserve the communication facilities to be used at the hearing
and pay the costs in connection with their use.
6.08 Failure to attend hearing
If the applicant or a party to whom the interlocutory application is
addressed fails to attend at the hearing the Court may, if satisfied
that the interlocutory application and supporting affidavit were
properly served:
(a) hear the interlocutory application;
(b) dismiss the interlocutory application; or
(c) make any other orders it considers appropriate.
6.09 Interlocutory orders by consent
(1) A party may consent to an interlocutory order sought by another
party by:
(a) filing a notice of consent in accordance with Form 6B; or
(b) endorsing his or her consent on the interlocutory application
that is filed.
(2) The Court may make the interlocutory order or refuse to do so.
Work Health Court Rules 1999 26
(3) An interlocutory order takes effect from:
(a) the date specified in the order; or
(b) if no date is specified – on the service of the order by the
applicant on all the other parties.
7.01 Date for directions conference
(1) As soon as practicable after an appearance is filed under Division 3
of Part 5, a Registrar must fix a date, time and place for a directions
conference and give each party notice in accordance with Form 7A.
(2) The date fixed under subrule (1) is to be 14 days after the
appearance is filed or as soon as practicable after that time.
7.02 Reports to be filed
(1) In a proceeding commenced by a worker, each party must:
(a) file, not later than 7 days before the date fixed for the
directions conference; or
(b) deliver to the person presiding at the directions conference,
a copy of the hospital reports and medical reports not previously
filed.
(2) Hospital and medical reports are to be filed or delivered in a sealed
envelope bearing the title of the proceeding and the name of the
party filing the reports.
7.03 Attendance at directions conference
(1) Each party must attend a directions conference:
(c) in the case of a firm – by all the partners, or by one or more
partners with the unfettered written authority of all the other
partners to attend; or
Work Health Court Rules 1999 27
(4) A legal representative attending a directions conference must be
party in person (either physically or by communication link) in
special circumstances.
(7) An authorisation to attend a directions conference referred to in
subrules (1) and (2) is to include an authorisation to settle the
proceeding if possible.
7.04 Procedure at directions conference
(1) At a directions conference:
(a) the party making the application must be able to indicate the
particulars of the application and the relief sought; and
(b) the party who filed the appearance must be able to indicate
the issues (if any) and the grounds on which liability is denied.
(2) All parties at a directions conference must be able to indicate:
(a) the issues of fact and law;
(b) the nature of any necessary interlocutory matters, including
discovery;
(c) the nature of any steps that need to be taken before the
hearing of the proceeding;
Work Health Court Rules 1999 28
(d) the prospects of settlement, and be able to respond to an offer
of settlement; and
(e) any other matter that might affect the readiness or scheduling
for the hearing of the proceeding.
(3) The Court may make recommendations for resolving the issues in
dispute.
(4) If the proceeding is not settled, the Court:
(a) must:
(i) make the orders it considers appropriate, including
orders relating to the filing and service of pleadings; and
(ii) complete a scheduling order in accordance with
Form 7B; and
(b) may:
(i) adjourn the directions conference;
(ii) fix a date, time and place for a conciliation conference to
be held as soon as practicable; or
(iii) fix a date, time and place for a pre-hearing conference.
7.05 Reports to be filed
(1) In a proceeding commenced by a worker, each party must:
(a) file, not later than 7 days before the date fixed for the
conciliation conference; or
(b) deliver to the person presiding at the conciliation conference,
a copy of the hospital reports and medical reports not previously
filed.
(2) Hospital and medical reports are to be filed or delivered in a sealed
envelope bearing the title of the proceeding and the name of the
party filing the reports.
7.06 Attendance at conciliation conference
(1) Each party must attend a conciliation conference:
Work Health Court Rules 1999 29
(c) in the case of a firm – by all the partners or by one partner
with the unfettered written authority of all the other partners to
attend; or
(4) A legal representative attending a conciliation conference must be
party in person (either physically or by communication link) in
special circumstances.
(7) An authorisation to attend a conciliation conference referred to in
subrules (1) and (2) is to include an authorisation to settle the
proceeding if possible.
7.07 Procedure at conciliation conference
(1) A conciliation officer:
(a) must preside at a conciliation conference and promote
agreement between the parties; and
(b) may adjourn a conciliation conference.
(2) The parties attending a conciliation conference must:
(a) be fully conversant with the issues of fact and law, options for
settlement and advice from counsel (if obtained); and
Work Health Court Rules 1999 30
(b) be prepared to settle the proceeding.
(3) If the proceeding is not settled and the conciliation officer is not an
officer of the Court, he or she must:
(a) adjourn the conciliation conference; and
(b) notify the Court as soon as practicable that the parties did not
reach an agreement.
(4) If the proceeding is not settled and the conciliation officer is an
officer of the Court, the conciliation officer must:
(a) adjourn the conciliation conference;
(b) list the proceeding for a further directions conference;
(c) proceed immediately to a further directions conference; or
(d) make the orders he or she considers appropriate.
(5) If the Court receives notification under subrule (3)(b), the Court
must make the orders it considers appropriate.
(6) If the parties reach agreement, whether in settlement of the
proceeding or in relation to particular issues in the proceeding, the
conciliation officer must record the agreement in a memorandum
that is to be signed by all the parties to the agreement and:
(a) if the conciliation officer is not an officer of the Court – provide
the Court with the memorandum of agreement as soon as
practicable so that the Court may make appropriate orders;
and
(b) if the conciliation officer is an officer of the Court – make the
appropriate orders.
7.08 Conciliation to be confidential
Evidence of anything said or an admission made in a conciliation
conference is not admissible at the hearing of the proceeding or at
the hearing of an interlocutory application in the proceeding.
7.09 Case management statement
Not later than 2 days before the date fixed for a prehearing
conference, a party must file and serve on each other party a case
management statement in accordance with Form 7C.
Work Health Court Rules 1999 31
7.10 Attendance at prehearing conference
(1) Each party must attend a prehearing conference:
(c) in the case of a firm – by all the partners, or by one or more
partners with the unfettered written authority of all the other
partners to attend; or
(4) A legal representative attending a prehearing conference must be
party in person (either physically or by communication link) if the
Court considers it to be appropriate.
7.11 Procedure at prehearing conference
At a prehearing conference, the Court:
(a) may settle a joint memorandum of issues;
(b) must request details from each party of:
(i) medical or expert reports to be relied on;
(ii) the number of witnesses, both expert and non-expert;
(iii) the estimated length of the hearing of the proceeding;
Work Health Court Rules 1999 32
(iv) arrangements for communication links; and
(v) whether counsel has been briefed or advice on evidence
has been obtained; and
(c) may:
(i) make the orders it considers appropriate;
(ii) adjourn the prehearing conference; or
(iii) fix a date, time and place for the hearing of the
7.12 Attendance by communication link
(1) A person wishing to attend a directions conference, conciliation
conference or prehearing conference by telephone must seek the
leave of the Court not later than 24 hours before the time fixed for
the conference.
(2) A person wishing to attend a directions conference, conciliation
conference or prehearing conference by closed-circuit television
must seek the leave of the Court in sufficient time to allow for the
reservation of the communication facilities to be used at the
conference.
(3) Leave under this rule may be granted informally by telephone and
without notice to any other person.
(4) A person who is granted leave to attend a conference by
communication link must give the notice to other persons that the
Court orders.
(5) The Court may direct that the person granted leave under this rule
must reserve the communication facilities to be used at the
conference and pay the costs in connection with their use.
7.13 Failure to attend conference, obey order, &c.
(1) If a party fails to:
(a) attend a directions conference, conciliation conference or
prehearing conference as required by these Rules;
(b) prepare adequately for a directions conference, conciliation
conference or prehearing conference; or
Work Health Court Rules 1999 33
(c) comply with an order of the Court, including an order
contained in a scheduling order,
the Court may:
(d) if the party in default is a worker or an applicant – dismiss the
proceeding;
(e) if the party in default is an employer or a respondent – strike
out the appearance or notice of defence;
(f) subject to Part 23, make the orders in relation to costs it
considers appropriate, including an order that a legal
practitioner must pay all or part of the costs payable;
(g) list the proceeding before a magistrate; or
(h) make any other order it considers appropriate.
(2) If the Court makes an order under subrule (1)(e), the party who
commenced the proceeding may apply for default judgment under
Part 21 and, if applicable, for compensation or other relief to be
assessed.
8.01 Form and content
(1) A pleading is to:
(a) be expressed in plain English and in non-technical language
except to the extent required by the nature of the claim;
(b) be divided into paragraphs numbered consecutively and each
allegation, so far as practicable, is to be referred to in a
separate paragraph;
(c) contain, in a summary form, a statement of all the material
facts on which the party relies but not the evidence by which
those facts are to be proved; and
(d) if a claim or defence of a party arises by or under an Act –
identify the specific provision relied on.
(2) In a pleading, a party may:
(a) raise a point of law; and
(b) plead a conclusion of law if the material facts supporting the
conclusion are pleaded.
Work Health Court Rules 1999 34
8.02 Additional claims or matters
(1) A party may include in a pleading a claim or counterclaim against
any other party to the proceeding.
(2) To enable the Court to determine all issues in dispute, a party may
plead additional facts or matters to those raised in an application,
an appearance or a decision made under section 69, 85 or 86 of
the Act.
8.03 Matter to be pleaded
In a pleading subsequent to a statement of claim, a party must
plead specifically a fact or matter that:
(a) the party alleges makes a claim or defence of the opposite
party not maintainable;
(b) if not pleaded specifically, might take the opposite party by
surprise; or
(c) raises a question of fact that does not arise out of the
preceding pleading.
8.04 Subsequent pleading
A party may plead a fact or matter that has arisen at any time,
whether before or after the commencement of the proceeding.
8.05 Inconsistent pleading
A party may make inconsistent allegations of fact if the pleading
makes it clear that the allegations are pleaded in the alternative.
8.06 Particulars of pleading
(1) A pleading is to contain the particulars of a fact or matter pleaded.
(2) Without limiting subrule (1), a party must give particulars if they are
necessary to enable the opposite party to plead, define the
questions for hearing or avoid surprise at the hearing.
8.07 Denial and pleading different facts
(1) An allegation of fact in a pleading is to be taken as admitted unless,
in the pleading of the opposite party, it is:
(a) denied specifically or by necessary implication; or
(b) stated to be not admitted.
Work Health Court Rules 1999 35
(2) A party who specifically denies an allegation of fact must state what
facts he or she relies on as the basis of the denial.
(3) A party who intends to prove facts that are different from those
pleaded by the opposite party must:
(a) specifically deny the facts pleaded or state that the facts
pleaded are not admitted; and
(b) plead the facts he or she intends to prove.
8.08 Amendments and orders as to form, filing and service
(1) Amendments are to be made to the pleadings that are necessary
for determining the real questions at issue between the parties even
though the effect of those amendments is to add or substitute a
cause of action that arose after the commencement of the
(2) At any stage of a proceeding, the Court may:
(a) allow a party to amend his or her pleadings in a manner and
on terms the Court considers appropriate;
(b) order that the pleadings be in a particular form; or
(c) make orders in respect of the filing and service of pleadings.
Part 9 Statement of claim, notice of defence and
counterclaim
9.01 Form and content
(1) A statement of claim is to be in accordance with Form 9A and
contain:
(a) a concise statement of the nature of the claim;
(b) the particulars of the claim; and
(c) the specific amount of compensation sought or the relief or
remedy sought.
(2) The pleadings in a statement of claim are to comply with Part 8 but
a failure to comply does not invalidate the statement of claim.
Work Health Court Rules 1999 36
(3) If a worker claims compensation for an injury or disease, the
statement of claim is to contain clear and concise details of the
following (as applicable):
(a) the worker's date of birth and occupation;
(b) the date when and the workplace where the injury occurred or
the disease was contracted;
(c) the nature of the injury or disease;
(d) the manner in which the injury occurred or the disease was
contracted;
(e) the nature of the disability suffered as a result of the injury or
disease;
(f) the worker's normal weekly earnings at the date the injury
occurred or the disease was contracted;
(g) the dates of the periods for which compensation payments are
claimed;
(h) the amount claimed for permanent impairment and the nature
of the permanent impairment;
(j) the amount claimed for hospital, medical, surgical or
rehabilitation treatment and the nature of treatment.
(4) If a party's application was made under section 62(2) of the Act, the
party's statement of claim is to contain clear and concise details of
the following:
(a) the deceased worker's full name, address, occupation and
date of birth;
(b) the employer's full name and address;
(c) the date when and the workplace where the injury occurred or
the disease was contracted;
(d) the date of death;
(e) the name and address (if known) of each dependant who was
wholly or partially dependent on the deceased worker at the
date of death and the relationship of each dependant to the
deceased worker.
Work Health Court Rules 1999 37
9.02 Filing and service
(1) When ordered by the Court to do so, a party must file a statement
of claim and serve a sealed copy on each other party.
(2) The party must file sufficient copies of the statement of claim to
enable the party to serve sealed copies in accordance with
subrule (1).
Division 2 Notice of defence
9.03 Filing and service
(1) A party served with a sealed statement of claim must file and serve
a notice of defence in the time the Court orders.
(2) A party who files a notice of defence that includes a counterclaim
must file sufficient copies to enable the party to serve a sealed copy
on each other party.
9.04 Form and content
(1) A notice of defence is to be in accordance with Form 9B and
contain:
(a) a concise statement of the defence or defences relied on; and
(b) particulars of each defence.
(2) The pleadings in a notice of defence are to comply with Part 8 but a
failure to comply does not invalidate the notice of defence.
9.05 Counterclaim
(a) an employer served with a statement of claim has a claim
against the worker; or
(b) a respondent served with a statement of claim has a claim
against the applicant,
he or she may counterclaim in the proceeding by completing the
part of the notice of defence that relates to a counterclaim.
(2) A counterclaim is to contain:
(a) a concise statement of the nature of the claim;
Work Health Court Rules 1999 38
(b) particulars of the claim; and
(c) a statement of the relief or remedy sought.
(3) The pleadings in a counterclaim are to comply with Part 8 but a
failure to comply does not invalidate the counterclaim.
(4) These Rules apply to and in relation to a counterclaim as if:
(a) a reference in these Rules to a party who is the employer or
respondent were a reference to the worker or applicant; and
(b) a reference in these Rules to a party who is the worker or
applicant were a reference to the employer or respondent.
10.01 Definition
In this Part, person under a disability means:
(a) an infant; or
(b) a person who is incapable because of age, injury, disease,
senility, illness or physical or mental infirmity of managing his
or her affairs in relation to a proceeding.
10.02 Litigation guardian
(1) Except where provided otherwise by or under an Act, a person
under a disability may commence or defend a proceeding only by
his or her litigation guardian.
(2) An application commencing a proceeding or an appearance filed by
a litigation guardian is to state that the proceeding is commenced or
defended by the litigation guardian on behalf of the person under a
disability.
(3) Except where these Rules provide otherwise, anything that is
required or permitted by these Rules to be done by a party who is a
person under a disability is required or permitted to be done by the
party's litigation guardian.
(4) If a party has a litigation guardian in a proceeding, no other person
may act as the litigation guardian of that party unless the Court
orders otherwise.
Work Health Court Rules 1999 39
10.03 Person who may be litigation guardian
(1) A person may be the litigation guardian of a person under a
disability if he or she:
(a) is not a person under a disability; and
(b) has no interest in the proceeding adverse to that of the person
under a disability.
(2) If a person is authorised by a law in force in the Territory to conduct
a legal proceeding in the name of or on behalf of a person under a
disability, he or she is entitled to be the litigation guardian of a
person under a disability in a proceeding to which his or her
authority extends.
10.04 Consent of litigation guardian
(1) Except where a litigation guardian is appointed by the Court, the
name of a person is not to be used in a proceeding as the litigation
guardian of a person under a disability unless there is first filed the
written consent of the person to be the litigation guardian.
(2) A consent filed under subrule (1) is to be in accordance with
Form 10A and contain:
(a) a statement of the reason why the proposed party is a person
under a disability; and
(b) a declaration that the proposed litigation guardian has no
interest in the proceeding adverse to that of the person under
a disability.
10.05 Appointment, &c., of litigation guardian by Court
(1) If a party to a proceeding becomes a person under a disability after
the proceeding is commenced, the Court must appoint a litigation
guardian of that party.
(2) Before appointing a litigation guardian under subrule (1), the Court
may review the conduct of the proceeding and make the orders it
considers necessary to ensure that justice is done between the
parties.
(3) If a party who is a person under a disability does not file an
appearance when required to do so by an order of the Court or
these Rules, the Court may order the appointment of a litigation
guardian to defend the proceeding.
Work Health Court Rules 1999 40
(4) If the interests of a party who is a person under a disability require
it, the Court may appoint or remove a litigation guardian or
substitute another person as litigation guardian of the party.
10.06 Pleading admissions by person under disability
A person under a disability is not to be taken as admitting the truth
of an allegation of fact made in the pleadings of another party
unless the person under a disability states in his or her pleadings
that the allegation is admitted.
10.07 Litigation guardian liable for costs
A litigation guardian is liable for costs in a proceeding in the same
manner and to the same extent as if he or she were a party to the
10.08 Money to be paid to public trustee
(1) Unless the Court orders otherwise, all money or compensation
received by or awarded to a person under a disability by:
(a) a determination of the Court; or
(b) an agreement under Part 15,
is to be paid to the Public Trustee not later than 14 days after the
determination is made or the agreement is recorded by the Court.
(2) The Court may order the Public Trustee to pay money held on
behalf of a person under a disability to a person specified in the
order.
10.09 Legal practitioner's lien
Nothing in this Part affects the lien of a legal practitioner for costs.
11.01 Application for orders
(1) In this rule, person proposing to join another person as a party
to a proceeding means:
(a) an employer proposing to join another employer as a party
under section 55(3) of the Act;
(b) an approved insurer proposing to join another approved
insurer as a party under section 126A(2)(b)(ii) of the Act; or
Work Health Court Rules 1999 41
(c) a party proposing to join another person as a party.
(2) A person proposing to join another person as a party to a
proceeding must apply to the Court for orders in respect of the
joinder by filing, in sufficient numbers for service in accordance with
subrule (4):
(a) an application in accordance with Form 11A; and
(b) a supporting affidavit.
(3) On receipt of the application and affidavit, a Registrar must:
(a) fix a date, time and place for the hearing of the application;
and
(b) sign, seal and issue the application.
(4) The applicant must serve a sealed copy of the application and
affidavit personally on the person the applicant proposes to join as
a party and on each other party not later than 7 days before the
date fixed for the hearing of the application.
11.02 Person served may file and serve affidavit
A person served with an application may, before the date fixed for
the hearing, file and serve an affidavit on which the person intends
to rely at the hearing.
11.03 Orders in discretion of Court
At the hearing of the application, the Court may make the orders it
considers appropriate in respect of the joinder and the conduct of
12.01 Party to give discovery
Not later than 14 days after a notice of defence is filed, each party
must give discovery of documents by:
(a) making and filing a list of the documents:
(i) that are or have been in the party's possession; and
(ii) that relate to a matter in question between the parties;
and
(b) serving a copy of the list on each other party.
Work Health Court Rules 1999 42
12.02 List of documents
(1) A list of documents is to be in accordance with Form 12A and is to:
(a) identify the documents that are or have been in the
possession of the party making the list;
(b) enumerate the documents in convenient order and:
(i) describe each document sufficiently to enable it to be
identified; or
(ii) in the case of a group of documents of the same
nature – describe the group sufficiently to enable it to be
identified;
(c) distinguish those documents that are in the possession of the
party making the list from those that have been but are no
longer in the party's possession and, if a document has been
but is no longer in the party's possession, state when the
document was last in the party's possession and his or her
belief as to what has become of it; and
(d) if the party making the list claims that a document in the
party's possession is privileged from production – state
sufficiently the grounds of the privilege.
(2) It is not necessary to identify, enumerate or describe:
(a) correspondence between the parties or the legal practitioners
for the parties after the commencement of the proceeding; or
(b) the pleadings.
12.03 Affidavit verifying list of documents
(1) A party to whom discovery of documents is to be given may file,
and serve on a party who must give discovery, a notice in
accordance with Form 12B requiring that party to make an affidavit
verifying his or her list of documents.
(2) A party on whom a notice is served under subrule (2) must, not
later than 14 days after service of the notice:
(a) make and file an affidavit in compliance with the notice; and
(b) serve a copy of the affidavit on the party who served the
notice.
Work Health Court Rules 1999 43
12.04 Continuing discovery
(1) Subject to an order of the Court, a party must continue to give
discovery of documents in accordance with this Part until the
(2) Discovery is to be given:
(a) not later than 14 days after a document comes into a party's
possession; or
(b) if a document comes into a party's possession less than
28 days before a conciliation conference or prehearing
conference – as soon as practicable after the document
comes into the party's possession.
12.05 Request for inspection
A party may, either orally or in accordance with Form 12C, request
another party to produce for inspection a document in the other
party's possession referred to:
(a) in the other party's list of documents; or
(b) in any other document filed, served or provided by the other
12.06 Production
(1) Unless the parties agree otherwise or the Court orders otherwise, a
party requested to produce a document must, not later than
14 days after the request, produce the document for inspection at a
place within 15 kilometres of:
(a) the registry in which the proceeding was commenced; or
(b) the Court in which the proceeding is to be heard and
determined.
(2) A party requested to produce a document is not required to do so if:
(a) the party:
(i) claims that the document is privileged from production;
and
(ii) makes and serves on the other party an affidavit in
which the party makes that claim and states sufficiently
the grounds of the privilege; or
Work Health Court Rules 1999 44
(b) the document is not in the party's possession and he or she
makes and serves on the other party an affidavit in which he
or she states that fact and states to the best of his or her
knowledge, information and belief:
(i) where the document is and in whose possession it is;
and
(ii) if the document has been but is no longer in the party's
possession – when the document was last in the party's
possession, and his or her belief as to what has become
of it.
12.07 Copies of documents
(1) A party to whom documents are produced for inspection may take
copies of the documents.
(2) For the purpose of subrule (1), taking a copy of a document
includes photocopying the document.
(3) If the party to whom a document is produced states that he or she
wishes to have it photocopied, the party producing the document
must, at his or her option:
(a) allow the other party to photocopy the document at a place
agreed by the parties; or
(b) supply the other party with a photocopy of the document.
(4) Unless the Court orders otherwise, the cost of photocopying a
document supplied to a party in accordance with subrule (3):
(a) is to be borne by that party in the first instance and is
ultimately to be a cost in the proceeding; and
(b) is to be 100% of photocopying costs allowable under the
Supreme Court Rules 1987 or 50 cents per page, whichever is
the lesser.
12.08 Audio and visual devices, &c.
(1) If a party is entitled to inspect a document that consists of a device
such as a video tape, audio tape, disc, film or other means of
recording, the Court may make orders relating to the screening or
playing of the device and for the making by or supply to the party of:
(a) a transcript of the recording in so far as it can be transcribed;
or
Work Health Court Rules 1999 45
(b) a copy of the recording.
(2) If a party is entitled to inspect a document that consists of
information that has been processed by or is stored in a computer,
the Court may make orders relating to making the information
available.
12.09 Failure to give discovery or allow inspection
(1) If a party fails to give discovery or to allow inspection of documents
in accordance with this Part, the Court may:
(a) order the party to give discovery or allow inspection;
(b) if the party is a worker or applicant – dismiss the proceeding;
or
(c) if the party is an employer or respondent – make an order:
(i) striking out the appearance or notice of defence; or
(ii) permitting the worker or applicant to proceed as if an
appearance or notice of defence had not been filed.
(2) If the Court makes an order under subrule (1)(c), the worker or
applicant may apply for default judgment under Part 21 and, if
(3) If a party applies for an order under subrule (1), and the other party
claims that the document is privileged from production or objects to
production on another ground, the Court may inspect the document
to decide the validity of the claim or objection.
(4) An application for an order under this rule is to be filed and served
not later than 28 days before the date fixed for the hearing of the
13.01 When interrogatories allowed
(1) After the directions conference referred to in rule 7.01, a party may
serve on another party interrogatories relating to a matter in
question between them:
(a) with the consent in writing of the party to be interrogated; or
(b) with the leave of the Court.
Work Health Court Rules 1999 46
(2) An application for leave to serve interrogatories is to be made at the
directions conference unless the Court orders otherwise.
(3) An interrogating party may serve further interrogatories with the
leave of the Court.
(4) A party who serves interrogatories must file a copy of them without
delay.
13.02 Statement if multiple parties interrogated
If interrogatories are to be answered by 2 or more parties, the
interrogating party must state in the document containing the
interrogatories which of the interrogatories each party is required to
answer.
13.03 Form, service and filing of answers
A party on whom interrogatories are served must, not later than
28 days after service:
(a) answer the interrogatories in an affidavit that consolidates
each question with the relevant answer;
(b) serve the affidavit on the party who served the interrogatories;
and
(c) file a copy of the affidavit.
13.04 Answers to interrogatories
(1) Subject to rule 13.05, a party who is interrogated must answer each
interrogatory in accordance with this rule.
(2) A party must make all reasonable enquiries to enable him or her to
provide a proper answer to each interrogatory.
(3) A party must answer:
(a) specifically, by answering the substance of the interrogatory
without evasion; and
(b) from his or her own knowledge of the fact or matter that is
enquired after or, if the party has no such knowledge, subject
to subrule (7), from a belief as to the fact or matter,
irrespective of the source of the information from which the
belief is formed.
Work Health Court Rules 1999 47
(4) If a party has no personal knowledge of the fact or matter enquired
after, for the purpose of enabling himself or herself to form such a
belief, the party must make all reasonable enquiries to determine:
(a) whether a person has knowledge of the fact or matter that was
acquired by the person in the capacity of the party's employee
or agent; and
(b) if so – what that knowledge is.
(5) A party must make the enquiries referred to in subrule (4) despite
the fact that at the time the party is required to answer the
interrogatory a person having the relevant knowledge has ceased
to be an employee or agent.
(6) A party who has no knowledge of the fact or matter enquired after is
taken not to have a belief as to the fact or matter if:
(a) he or she has no information relating to the fact or matter on
which to form a belief; or
(b) if the party has such information – he or she has no belief that
the information is true.
(7) A party is not required to answer from his or her belief if the belief is
formed on information that the party could not, on the ground of
privilege, be compelled to disclose.
(8) If the party interrogated is a corporation, this rule applies with the
necessary changes as if:
(a) the person who answers the interrogatories on behalf of the
corporation were the party; and
(b) the reference in subrule (4)(a) to an employee or agent of the
party were a reference to an employee or agent of the
corporation.
13.05 Objections
(1) A party may object to answering an interrogatory on any of the
following grounds:
(a) the interrogatory does not relate to a question in issue
between the parties;
(b) the interrogatory is unclear, vague or too wide;
(c) the interrogatory is oppressive;
Work Health Court Rules 1999 48
(d) the interrogatory requires the party to express an opinion that
the party is not qualified to give;
(e) privilege, stating sufficiently the grounds of privilege;
(f) any other ground on which objection may be taken.
(2) Without limiting subrule (1)(a), an interrogatory that does not relate
to a question in issue between the parties includes an interrogatory
the sole purpose of which is to:
(a) impeach the credit of the party being interrogated;
(b) enable the interrogating party to ascertain whether he or she
has a claim or defence other than the claim or defence raised
in the proceeding; or
(c) enable the interrogating party to ascertain the evidence by
which the party being interrogated intends to prove his or her
case, including the identity of witnesses.
(3) A party is not entitled to object to answering an interrogatory on the
ground that he or she cannot answer without going to a place that is
not the party's usual place of residence or business if the
interrogating party undertakes to pay the party's reasonable cost of
going there, unless the Court orders otherwise.
(4) If a party objects to answering an interrogatory, the party must state
the grounds for making the objection and the facts, if applicable, on
which the objection is based.
13.06 Who to answer
(1) Interrogatories are to be answered:
(a) if the person on whom the interrogatories are served is:
(i) a natural person – by the person;
(ii) a firm – by a partner of the firm authorised by all the
other partners to answer; or
(iii) a corporation – by an officer of the corporation or a
person authorised by the corporation to answer; or
(b) by the person the Court orders to do so.
(2) The answers of a person ordered under subrule (1)(b) to answer
interrogatories are as effective and binding as if made by the party
on whom the interrogatories were served.
Work Health Court Rules 1999 49
13.07 Failure to answer
(1) If a party claiming relief fails to answer interrogatories, the Court
may:
(a) order the party to answer the interrogatories;
(b) if the party is a worker or applicant – dismiss the proceeding;
or
(c) if the party is an employer or respondent – make an order:
(i) striking out the appearance or notice of defence; or
(ii) permitting the worker or applicant to proceed as if an
appearance or notice of defence had not been filed.
(2) If the Court makes an order under subrule (1)(c), the worker or
applicant may apply for default judgment under Part 21 and, if
(3) An application for an order under this rule is to be filed and served
not later than 28 days before the date fixed for hearing of the
13.08 Answers as evidence
(1) At the hearing of a proceeding or the hearing of an interlocutory
application, a party may tender as evidence:
(a) one or more answers to interrogatories without tendering the
other answers; or
(b) part of an answer to an interrogatory without tendering the
whole of the answer.
(2) On the tender of an answer to an interrogatory under subrule (1),
the Court may look at the whole of the answers and, if another
answer or a part of an answer is so connected with the matter
tendered that the matter tendered ought not to be used without the
other answer or part, the Court may reject the tender unless the
other answer or part is also tendered.
14.01 Definition
In this Part, authenticity of a document means that a document:
(a) is what it purports to be;
Work Health Court Rules 1999 50
(b) if it is an original or is described as such – is an original
document and was printed, written, signed or executed as it
purports to have been; or
(c) if it is a copy or is described as such – is a true copy.
14.02 Restrictive effect of admission
An admission in a proceeding made by a party under this Part is for
the purpose of that proceeding only and is not to be used against
the party as an admission in another proceeding.
14.03 Voluntary admission of facts
(1) A party may admit facts in favour of another party by filing and
serving on the other party a notice of admission of the facts
specified in the notice.
(2) A notice referred to in subrule (1) is to be in accordance with
Form 14A.
(3) With the leave of the Court, a party may withdraw an admission
made under this rule.
14.04 Notice to dispute facts
(1) A party may file and serve on another party a notice stating that
unless the other party, within the time specified in the notice (being
not less than 14 days after service), disputes the facts specified in
the notice that party will be taken to admit the facts.
(2) A notice to dispute facts referred to in subrule (1) is to be in
accordance with Form 14B.
(3) A party served with a notice under subrule (1) may dispute facts
specified in the notice by filing and serving, within the time specified
in the notice, a notice in accordance with Form 14C.
(4) If a party served with a notice under subrule (1) does not dispute a
fact within the time specified, the party is taken to admit that fact.
(5) With the leave of the Court, a party may withdraw an admission that
the party is taken to have made under subrule (4).
Work Health Court Rules 1999 51
14.05 Notice to dispute authenticity of documents
(1) A party may file and serve on another party a notice stating that
unless the other party, within the time expressed in the notice
(being not less than 14 days after service), disputes the authenticity
of the documents specified in the notice that party will be taken to
admit their authenticity.
(2) A notice to dispute the authenticity of documents referred to in
subrule (1) is to be in accordance with Form 14D.
(3) A party served with a notice under subrule (1) may dispute the
authenticity of documents specified in the notice by filing and
serving, within the time specified in the notice, a notice in
accordance with Form 14E.
(4) If a party served with a notice under subrule (1) does not dispute
the authenticity of a document within the time specified, the party is
taken to admit its authenticity.
(5) With the leave of the Court, a party may withdraw an admission that
the party is taken to have made under subrule (4).
14.06 Costs of proof
Unless the Court orders otherwise, if a party:
(a) serves a notice under rule 14.04(3) disputing a fact, and later
the fact is proved in the proceeding; or
(b) serves a notice under rule 14.05(3) disputing the authenticity
of a document, and later its authenticity is proved in the
proceeding,
the other party is entitled to an order that the party who served the
notice must pay the costs of proof.
14.07 Judgment on admission
(1) If a party makes an admission of fact in a proceeding, whether by
the party's pleading or otherwise, the Court may, on the application
of another party, give the judgment or make the order to which the
applicant is entitled on the admission.
(2) The Court may exercise the power under subrule (1) whether or not
there are other questions to be determined in the proceeding.
Work Health Court Rules 1999 52
15.01 Form of agreement
(1) A memorandum of agreement referred to in section 108(1) of the
Act is to be in accordance with Form 15A and is to be signed by all
the parties to the agreement.
(2) For the purpose of section 108(1) of the Act, a party who sends a
memorandum of agreement to the Registrar must do so by filing it.
(3) A memorandum of agreement is to be filed accompanied by the
following documents:
(a) all medical reports obtained by the parties in respect of the
injury or disease to which the agreement relates and on which
the parties relied in reaching agreement;
(b) a statement of particulars showing, by the use of sub-totals,
how the amount of each payment under the agreement is
made up or calculated;
(c) all other documents on which the parties relied in reaching
agreement, including documents that provide evidence of
amounts to be paid under the agreement.
15.02 Notice of receipt of agreement
A notice of receipt of a memorandum of agreement given under
section 108(2)(b) of the Act to a person having an interest in the
agreement is to be in accordance with Form 15B.
15.03 Notice of objection
(1) A person having an interest in an agreement who objects to the
recording of the agreement may file a notice of objection not later
than 21 days after the date of the notice given under rule 15.02.
(2) A notice of objection is to be in accordance with Form 15C and is to
state the objection and the grounds for it.
(3) A copy of the notice of objection is to be served on each party to
the agreement.
Work Health Court Rules 1999 53
15.04 Registrar to make inquiries
(1) On receipt of:
(a) a memorandum of agreement; or
(b) a notice of objection,
the Registrar must make the inquiries and seek the information
(including copies of documents) that the Registrar considers
necessary for the Court to be satisfied that an agreed amount, or
the information on which the agreement is based, is adequate.
(2) The parties to an agreement must answer all questions relating to
the agreement asked by the Registrar and provide all information
requested under subrule (1).
(3) The Registrar must make a report on the agreement to the Court:
(a) if applicable – detailing the information the Registrar has
obtained; and
(b) if the Registrar is of the opinion that an amount is
inadequate – stating the reasons for that opinion.
15.05 Court to consider report, &c.
(1) The Court, in considering an agreement under section 108(3) of the
Act, must also consider:
(a) the attachments to the agreement;
(b) any notices of objection; and
(c) the Registrar's report on the agreement.
(2) Before the Court gives a direction under section 108(3) of the Act, it
may:
(a) direct a Registrar to request the parties to the agreement, their
legal practitioners or other persons entitled under section 98 of
the Act to appear for them, to appear before the Court to
provide further information (including copies of documents)
and make further submissions as the Court thinks fit;
(b) require the hearing of oral evidence; or
(c) summon a person to appear to give evidence.
Work Health Court Rules 1999 54
15.06 Notice on recording agreement
(1) When the Court gives a direction under section 108(3) of the Act,
the Registrar must give notice of the direction to:
(a) the parties to the agreement; and
(b) the persons who filed notices of objection.
(2) A notice given under this rule:
(a) is to be in accordance with Form 15D; and
(b) if it is in respect of a direction not to record an agreement – is
to include the reasons for the direction.
15.07 Application for commutation
(1) An application for the purposes of section 74(1)(a) of the Act is to:
(a) be in accordance with Form 15E; and
(b) state the terms of the commutation; and
(c) contain a statement, made as an affidavit or statutory
declaration, by the person making the application stating the
facts to establish that, because of the small amount of regular
payments of compensation under section 63 or 65 of the Act,
the administrative costs in calculating and paying the
compensation are disproportionate to the benefits received;
and
(d) contain a statement, made as an affidavit or statutory
declaration, by the person to whom compensation is payable
that the person is fully aware of the effects of the proposed
commutation in relation to future benefits under the Act.
(2) An application for the purposes of section 74(1)(b) of the Act is to:
(a) be in accordance with Form 15F; and
(b) state the terms of the commutation; and
(c) contain a statement, made as an affidavit or statutory
declaration, by the worker stating the facts to establish that:
(i) his or her condition has stabilized; and
Work Health Court Rules 1999 55
(ii) rehabilitation is complete; and
(iii) he or she is not totally incapacitated within the meaning
of section 65(6) of the Act; and
(iv) he or she has received financial counselling before
making the application; and
(v) he or she is fully aware of the effects of the proposed
commutation in relation to future benefits under the Act.
(3) An application under this rule is to be accompanied by:
(a) a statement of relevant particulars including the amount
proposed to be commuted and, by the use of sub-totals, how
that amount is calculated; and
(b) all documents relevant to the proposed commutation.
15.08 Consent to commutation
The other party may consent to a commutation by endorsing his or
her consent on the application that is filed.
15.09 Service of application
An application for a commutation is to be served on the other party
unless the party has consented to the commutation under
rule 15.08.
15.10 Consideration of application
(1) The Court must make the inquiries and seek the information
(including copies of documents) that the Court considers necessary
for the Court to determine whether or not to authorise a
commutation.
(2) The persons affected by a commutation must answer all questions
asked by the Court and provide all information requested by the
Court in respect of the commutation.
15.11 Hearing of application
Whether or not an application for a commutation is endorsed under
rule 15.08, the Court may fix a date, time and place for a hearing in
respect of the application and notify the parties of the hearing.
Work Health Court Rules 1999 56
16.01 Manner of giving evidence
Evidence is to be given orally except:
(a) in an interlocutory application, where it is to be given by
affidavit unless the Court orders otherwise;
(b) if an Act or these Rules provide otherwise;
(c) if the parties agree that all or part of the evidence may be
given by affidavit; or
(d) if the Court orders otherwise.
16.02 Orders relating to manner of giving evidence
Despite anything to the contrary in these Rules, the Court may
order that evidence of particular facts is to be given in the manner it
orders, including by:
(a) a statement on oath of information and belief;
(b) the production of documents or entries in books;
(c) the production of copies of documents or entries in books,
including photocopies and facsimile transmission copies; or
(d) communication link.
16.03 Evidence by communication link
(1) A party seeking to adduce evidence by communication link must
apply for an order in accordance with this rule.
(2) A party who applies for an order under this rule must advise the
Court of the name of the witness to be examined and, if applicable,
the arrangements the party has made for communication link.
(3) If a party seeks an order that he or she may adduce evidence at the
hearing of the proceeding by the use of closed-circuit television, the
party must:
(a) if possible – apply for the order at a directions conference or
prehearing conference; or
(b) if it is not possible to comply with paragraph (a) – apply for the
order by:
(i) filing an application in accordance with Form 16A; and
Work Health Court Rules 1999 57
(ii) on the day of filing – serving a copy of the application on
each other party.
(4) Not later than 14 days after being served with an application under
subrule (3)(b)(ii), a party may file and serve a notice of objection in
accordance with Form 16B, setting out the reasons for the
objection.
(5) An objection to an order sought under this rule may be heard at a
directions conference, prehearing conference or in open court and
the Court must notify the parties of the date, time and place fixed
for the hearing of the objection.
(6) If no notice of objection is filed, the Court may make the order
sought.
(7) Under this rule the Court may make the orders it considers
appropriate, including orders in respect of the following matters:
(a) the witnesses who may give evidence by communication link;
(b) the date, time and place of the communication link;
(c) whether the evidence-in-chief of a medical or non-medical
expert to be adduced by communication link is to be confined
to that expert's statement.
(8) A party who is entitled to adduce evidence by communication link
must reserve the facilities to be used and pay all the costs in
connection with their use.
(9) A party who is entitled to adduce evidence by the use of closed-
circuit television must, if possible, use the Court's communication
facilities and reserve those facilities:
(a) by making the necessary arrangements with the appropriate
officer of the Court; and
(b) as soon as practicable after arrangements are made under
paragraph (a) – by filing and serving a notice of reservation
and undertaking in accordance with Form 16C and serving.
16.04 Notice for attendance of deponent
(1) A party served with an affidavit may serve on the party who intends
to rely on the affidavit a notice stating that he or she requires the
deponent to attend for cross-examination:
(a) at the hearing of the proceeding; or
Work Health Court Rules 1999 58
(b) subject to rule 16.01(a) – at the hearing of an interlocutory
application.
(2) A party must serve a notice referred to in subrule (1):
(a) in the case of attendance of the deponent at the hearing of the
proceeding:
(i) not less than 14 days before the commencement of the
hearing; or
(ii) as ordered by the Court; or
(b) in the case of attendance of the deponent at the hearing of an
interlocutory application:
(i) within a reasonable time before the hearing; or
(ii) as ordered by the Court.
(3) Unless the Court orders otherwise, the party served with a notice
under this rule must cause the deponent referred to in the notice to
attend at the hearing for cross-examination.
(4) If a deponent referred to in a notice served under this rule does not
attend for cross-examination, the Court may order that all or part of
his or her affidavit is not to be received in evidence.
17.01 Form of affidavit
(1) An affidavit is to be made in the first person and is to be in
accordance with Form 17A.
(2) The first page of an affidavit is to be headed immediately below the
title of the proceeding with the name of the deponent and the date
on which the affidavit is made.
(3) Unless the Court orders otherwise, an affidavit is to state:
(a) subject to subrule (4), the deponent's place of residence; and
(b) the deponent's occupation or, if the deponent has none, the
deponent's description; and
(c) if applicable – that the deponent is a party to the proceeding or
employed by a party.
Work Health Court Rules 1999 59
(4) If a deponent makes an affidavit in a professional or other
occupational capacity, the affidavit may, instead of stating the
deponent's place of residence, state:
(a) the address of the deponent's place of business; and
(b) the position of the deponent; and
(c) if applicable – the name of the deponent's firm or employer.
(5) An affidavit is to be divided into paragraphs numbered
consecutively, each paragraph being as far as possible confined to
a distinct portion of the subject.
(6) An affidavit must contain a statement of the name and address of
the party on whose behalf it is filed.
Note for rule 17.01
An affidavit must also comply with the requirements of the Part 3 of the Oaths,
Affidavits and Declarations Act 2010.
17.02 Affidavit by multiple deponents
If an affidavit is made by 2 or more deponents, the names of the
persons making the affidavit are to be inserted in the jurat unless
the affidavit is made by both or all of the deponents at one time and
is witnessed by the same person, in which case it is sufficient to
state that it was made by "each of the above-named deponents".
17.03 Affidavit by person unable to read
is unable to read, the person must certify in or below the jurat that:
(a) the affidavit was read to the deponent in the person's
presence; and
(b) it appeared to the person that the deponent understood the
(c) the deponent signed his or her name or made a mark in the
person's presence.
affidavit of a deponent who is unable to read, the affidavit is not to
be used in evidence unless the Court is satisfied that it was read to
the deponent and that the deponent appeared to understand it.
Work Health Court Rules 1999 60
17.04 Affidavit by person unable to write
is physically unable to sign his or her name or make a mark, the
person must certify in or below the jurat that:
(a) the affidavit was read to the deponent in the person's
presence; and
(b) it appeared to the person that the deponent understood the
(c) the affidavit was made by the deponent without the deponent
signing his or her name or making a mark because the
deponent was physically unable to do so.
affidavit by a deponent who is physically unable to sign his or her
name or make a mark, the affidavit is not to be used in evidence
unless the Court is satisfied that it was read to the deponent and
that the deponent appeared to understand it.
17.05 Affidavit by person unable to understand English
is unable to understand the English language, the person must
certify in or below the jurat that:
(a) the affidavit was made with the assistance of an interpreter
(naming the interpreter) who first took an oath that he or she:
(i) understands the English language and the language of
the deponent (naming the language); and
(ii) would truly and faithfully interpret to the deponent the
contents of the affidavit and the oath to be administered
to the deponent; and
(b) the affidavit was read to the deponent in the person's
presence with the assistance of the interpreter; and
(c) it appeared to the person that the deponent understood the
(d) the deponent signed his or her name or made a mark in the
person's presence.
Work Health Court Rules 1999 61
affidavit by a deponent who is unable to understand the English
language, the affidavit is not to be used in evidence unless the
Court is satisfied that it was:
(a) made in accordance with subrule (1)(a); and
(b) read to the deponent with the assistance of an interpreter and
the deponent appeared to understand it.
17.06 Content of affidavit
(1) Unless these Rules provide otherwise, an affidavit is to be confined
to facts that the deponent is able to state of his or her own
knowledge.
(2) In an interlocutory application, an affidavit may contain a statement
of fact based on information and belief if the grounds are set out in
the affidavit.
17.07 Annexures and exhibits
(1) A document referred to in an affidavit:
(a) is to be annexed to the affidavit; or
(b) if the document is too large to be annexed – may be referred
to as an exhibit.
(2) An exhibit to an affidavit is to be identified by a separate certificate
that:
(a) is annexed to the exhibit; and
(b) bears the same title as the affidavit; and
(c) is signed by the person witnessing an affidavit.
17.08 Filing
(1) An affidavit is to be filed.
(2) Unless the Court orders otherwise, an affidavit that has not been:
(a) filed; or
(b) served and filed in compliance with these Rules or an order of
the Court,
is not to be used by the party by whom or on whose behalf it was
made.
Work Health Court Rules 1999 62
17.09 Alterations
An affidavit that has an interlineation, erasure or other alteration in
the body or jurat may, unless the Court orders otherwise, be filed
but is not to be used without the leave of the Court unless the
deponent and the person who witnessed the affidavit have initialled
the alteration.
17.10 Irregularity
An affidavit that is irregular in form may:
(a) unless the Court orders otherwise, be filed; and
(b) with the leave of the Court, be used in evidence.
17.11 Affidavit witnessed by party etc.
(1) Unless the Court orders otherwise, an affidavit witnessed by:
(a) the legal practitioner acting for the party on whose behalf it is
to be used; or
(b) an employee of the legal practitioner,
may be used in evidence.
(2) Subject to subrule (3), an affidavit witnessed by:
(a) the party on whose behalf it is to be used; or
(b) an employee of that party,
is not to be used in evidence without the leave of the Court.
(3) If the Territory is the party on whose behalf the affidavit is to be
used, the affidavit may be witnessed by an employee of the
Territory.
17.12 Affidavit made before commencement of proceeding
Unless the Court orders otherwise, an affidavit may be used in a
proceeding despite having been made before the commencement
of the proceeding.
Work Health Court Rules 1999 63
18.01 Interpretation
(1) In this Division:
examination means an examination for medical, dental,
psychological, psychiatric, therapeutic, rehabilitative, ergonomic,
vocational or other purposes.
medical expert means a person lawfully practising in a branch of
medicine, audiology, pathology, radiography, radiology, dentistry,
pharmacology, occupational therapy, physiotherapy, rehabilitation,
ergonomics or related field.
(2) In this Division:
(a) a reference to a medical report is to be read as a reference to
a hospital report; and
(b) a reference to a medical expert is to be read as a reference to
a person who made a hospital report.
18.02 Service of medical reports
(1) A party must serve on each other party a copy of a medical report
as soon as practicable after it comes into his or her possession
(except by service) and not later than 28 days before the
(2) A party who receives an oral report from a medical expert must give
each other party written notice of its substance as soon as
practicable after receiving the report and not later than 28 days
before the commencement of the hearing of the proceeding.
18.03 Notice of reliance on other party's medical report
A party who:
(a) is served with a medical report under rule 18.02; and
(b) intends to rely on the whole or a part of the medical report at
the hearing of the proceeding,
must, as soon as practicable and not later than 28 days before the
commencement of the hearing, serve a notice of the intention on
each other party.
Work Health Court Rules 1999 64
18.04 Notice for attendance of medical expert
(1) A party served with:
(a) a medical report under rule 18.02; or
(b) a notice under rule 18.03,
may serve a notice on the party intending to rely on the medical
report that he or she requires the attendance of the medical expert
for cross-examination at the hearing of the proceeding.
(2) A notice requiring the attendance of a medical expert for cross-
examination is to be served not later than 14 days before the
(3) A party is not entitled to serve a notice under this rule requiring the
attendance of a medical expert for cross-examination at an
interlocutory hearing, directions conference, conciliation conference
or prehearing conference.
(4) Unless the Court orders otherwise, a party served with a notice
under this rule must cause the medical expert referred to in the
notice to attend for cross-examination at the hearing of the
(5) If a medical expert referred to in a notice served under this rule
does not attend for cross-examination, the Court may order that all
or part of the medical report is not to be received in evidence.
18.05 Effect of non-service of notice for attendance
If a party entitled to serve a notice under rule 18.04(1) does not do
so, the party who served the medical report or notice of intention to
rely on a medical report:
(a) may seek to tender the medical report at the hearing of the
proceeding without calling the medical expert as a witness;
and
(b) is not entitled to call the medical expert to give oral evidence
without the leave of the Court.
18.06 Evidence to be disclosed
(1) Except with the leave of the Court or the consent of the other
parties, a party must not, except in cross-examination, adduce
evidence from a medical expert on medical matters concerning a
worker unless the evidence is disclosed in a medical report served
in accordance with these Rules.
Work Health Court Rules 1999 65
(2) If a copy of a medical report is served in accordance with these
Rules, the medical report is admissible:
(a) as evidence of the medical expert's opinion; and
(b) if the medical expert's oral evidence of a fact on which the
opinion was based would be admissible – as evidence of that
fact.
(3) A party is not entitled to object to the receiving of a medical report
in evidence at an interlocutory hearing, directions conference,
conciliation conference or prehearing conference.
18.07 Statement of expert evidence
(1) A party who intends at a hearing to adduce evidence from a person
in the person's capacity as an expert must serve on each other
party, not later than 28 days before the date fixed for the hearing, a
statement from the expert in accordance with subrule (2).
(2) A statement from an expert is to:
(a) give the expert's name and address;
(b) describe his or her qualifications to give evidence as an
expert; and
(c) state the evidence to be adduced from the expert.
(3) Unless the Court gives leave or the parties consent, a party is not
entitled, except in cross-examination, to adduce evidence from a
witness as an expert unless the party has served a statement under
subrule (1).
18.08 Putting other party's expert statement in evidence
A party may put in evidence a statement from an expert served on
that party under rule 18.07(1).
18.09 Admissibility of expert statement
(1) If a copy of a statement from an expert is served in accordance with
these Rules, the statement is admissible:
(a) as evidence of the expert's opinion; and
(b) if the expert's oral evidence of a fact on which the opinion was
based would be admissible – as evidence of that fact.
Work Health Court Rules 1999 66
18.10 Notice for attendance of expert
(1) A party served with a statement from an expert may serve a notice
on the party who intends to rely on the statement that he or she
requires the attendance of the expert for cross-examination at the
hearing of the proceeding.
(2) A notice requiring the attendance of an expert for cross-
examination is to be served not later than 14 days before the
commencement of the hearing.
(3) Unless the Court orders otherwise, the party served with a notice
under this rule must cause the expert referred to in the notice to
attend at the hearing for cross-examination.
(4) If an expert referred to in a notice served under this rule does not
attend for cross-examination, the Court may order that his or her
statement is not to be received in evidence.
(5) If:
(a) an expert's statement is received in evidence;
(b) the expert does not attend for cross-examination; and
(c) no notice was served under this rule requiring the expert to
attend for cross-examination,
a party may not, without the leave of the Court on just terms, lead
evidence to contradict the evidence of the expert.
19.01 Definitions
In this Part:
summons for production means an order in writing requiring a
person to attend at the Court as directed by the order for the
purpose of producing a document or thing for evidence.
summons to give evidence means an order in writing requiring a
person to attend at the Court as directed by the order for the
purpose of giving evidence.
Work Health Court Rules 1999 67
19.02 Order to attend
(1) The Court may, by summons, order a person to attend the hearing
of a proceeding or attend at any stage of a proceeding for the
purpose of giving evidence or producing a document or thing for
evidence, or for both purposes.
(2) An order by summons for the attendance of a person to give
evidence or produce a document or thing is to be taken as made
when the summons is issued.
19.03 Summons to give evidence
(1) A summons to give evidence:
(a) is to be in accordance with Form 19A;
(b) may be addressed to one or more persons; and
(c) is to be filed in sufficient numbers for service and proof of
service.
(2) On the filing of a summons to give evidence, a Registrar must:
19.04 Form and filing of summons for production
A summons for production is to be:
(a) if it is addressed to a person other than a corporation – in
accordance with Form 19B;
(b) if it is addressed to a corporation – in accordance with
Form 19C;
(c) addressed to one person only and, if it is addressed to a firm,
may include the name and address of each partner of the firm;
and
(d) filed in sufficient numbers for service and proof of service.
19.05 Summons for production at hearing
If the Court has fixed a date for the hearing of a proceeding, and a
party to the proceeding files a summons for production to take
place on the date of the hearing, a Registrar must:
Work Health Court Rules 1999 68
19.06 Summons for production before hearing
(1) Whether or not the Court has fixed a date for the hearing of a
proceeding, a party must seek the leave of the Court to file and
serve a summons for production to take place on a date before the
hearing.
(2) An application for leave under subrule (1) is to be made under