Part 6 or at a directions conference or prehearing conference under
Part 7.
(3) If the Court gives leave under this rule for a party to file and serve a
summons for production, the party must specify in the summons the
date for attendance at Court, being a date:
(a) on which the Court will conduct interlocutory hearings; and
(b) that allows the person ordered to attend a reasonable time in
which to comply with the summons.
(4) If a party files a summons for production under this rule, a Registrar
must:
19.07 Service
A sealed copy of a summons for production or summons to give
evidence is to be served personally in accordance with these Rules.
19.08 Expenses and losses incurred complying with summons
(1) A person is not required to comply with a summons for production
or a summons to give evidence unless the person has been
provided with a reasonable sum of money for his or her costs, as
mentioned in section 194(1)(c) of the Evidence (National Uniform
Legislation) Act 2011.
(2) If a person:
(a) is not a party to the proceeding; and
(b) reasonably incurs expense or loss in complying with a
summons for production that is more than the costs mentioned
in subrule (1);
Work Health Court Rules 1999 69
the Court may order that the party who served the summons for
production must pay to the person an amount in respect of the
expense or loss.
(3) If a person who attends in answer to a summons to give evidence,
before taking the oath as a witness, requests the Court to fix an
amount to be paid to him or her in respect of expense incurred in
attending as a witness, the Court must do so.
(4) A witness referred to in subrule (3) is not to be compelled to give
evidence until the Court is satisfied that proper arrangements have
been made for the payment of the amount fixed by the Court.
19.09 Delivery of documents by hand or post
(1) Unless the Court orders otherwise, a summons for production is to
permit the person to whom the summons is addressed, instead of
attending at the Court to produce the document or thing, to deliver it
by hand or send it by post to a Registrar so that he or she receives
it not later than 2 days before the day on which production is
required by the summons.
(2) When a document or thing is delivered or sent to a Registrar under
subrule (1), he or she must:
(a) if requested to do so, give a receipt to the person who
delivered or posted the document or thing; and
(b) produce the document or thing to the Court as the case
requires or the Court orders.
(3) This rule does not apply to any part of a summons that requires a
person to attend for the purpose of giving evidence.
19.10 Objections and setting aside summons
(1) A person served with a summons for production or a summons to
give evidence may:
(a) notify the Court on attendance that he or she objects to
producing a document or thing or giving evidence; or
(b) before the date fixed for attendance – apply to the Court,
under Part 6, to have the summons set aside.
(2) The Court may set aside a summons for production or a summons
to give evidence or, in the case of a summons for production, may
set aside a part of the summons.
Work Health Court Rules 1999 70
19.11 Orders for inspection
(a) a summons for production is issued under rule 19.05;
(b) the date specified for attendance and production is a date
earlier than the date fixed for the hearing of the proceeding;
and
(c) the person served with the summons:
(i) delivers, sends by post or produces a document or thing;
or
(ii) objects to producing a document or thing,
a Registrar must:
(d) fix a date, time and place for an interlocutory hearing or a
directions conference at which the Court will:
(i) make orders relating to the inspection of a document or
thing produced or any other matter considered
necessary; or
(ii) determine objections to production; and
(e) notify all the parties:
(i) that the document or thing is at the Court or the person
served with the summons objects to producing the
document or thing;
(ii) that the Court will make orders relating to the objections
or the inspection of the document or thing; and
(iii) of the date, time and place of the interlocutory hearing or
directions conference.
(2) If a summons for production is issued under rule 19.06, at the
interlocutory hearing held on the date specified for attendance and
production, the Court must:
(a) hear and determine objections to production (if any); and
(b) make orders relating to the inspection of documents or things
produced or any other matter considered necessary.
Part 21 Default judgment, summary judgment and assessment of compensation
Work Health Court Rules 1999 71
Part 20 Hearing of proceeding
20.01 Notice of hearing
When the date, time and place have been fixed for the hearing of a
proceeding, a Registrar must notify the parties in accordance with
Form 20A.
20.02 Determination of all questions, &c.
At the hearing of the proceeding, the Court:
(a) must determine all the questions between the parties involved
in the proceeding; and
(b) may make orders relating to costs between the parties as it
thinks fit.
20.03 Determination in absence of party
(1) If the party claiming relief appears at the hearing of the proceeding,
but the party against whom relief is claimed or his or her legal
practitioner does not appear, the party claiming relief may present
his or her case.
(2) If the party against whom relief is claimed appears at the hearing of
the proceeding, but the party claiming relief or his or her legal
practitioner does not appear, the party against whom relief is
claimed may apply for an order dismissing the proceeding.
(3) If neither party appears at the hearing of the proceeding, the Court
may order that the proceeding be struck out on the terms it thinks
fit.
Part 21 Default judgment, summary judgment and
assessment of compensation
21.01 Application for default judgment
(1) A party may apply for default judgment:
(a) on the ground that the other party has failed to comply with
these Rules or with an order of the Court; or
(b) as provided by these Rules.
(2) A party who applies for default judgment may, if applicable, also
apply for compensation or other relief to be assessed.
Part 21 Default judgment, summary judgment and assessment of compensation
Work Health Court Rules 1999 72
21.02 Application for summary judgment
(1) A party may apply for summary judgment on relevant grounds,
including the following:
(a) the other party, having filed a notice of defence, has no real
defence to the claim made in the proceeding;
(b) the notice of defence filed in the proceeding discloses a good
defence on the merits;
(c) the other party has no real cause of action;
(d) the proceeding is frivolous, vexatious or an abuse of the
process of Court.
(2) A party who applies for summary judgment may, if applicable, also
apply for compensation or other relief to be assessed.
21.03 Form of application, &c.
(1) Subject to subrule (2), an application for default judgment or
summary judgment is to be made in accordance with Part 6.
(2) An application for default judgment need not be served on the other
party if that party has not filed a notice of appearance.
(3) A party who applies for an assessment of compensation or other
relief to be assessed must also file an affidavit setting out the
amount claimed and the particulars, by the use of sub-totals, of how
each payment claimed is made up or calculated.
(4) The affidavit must refer to and have annexed all other documents
on which the party relies, including those that provide evidence of
the amounts claimed and, if applicable, medical reports.
21.04 Review of proceeding
(1) As soon as practicable before the hearing of the application, a
Judicial Registrar must review the proceeding and, if he or she
considers it necessary, may require the party making the
application to provide further information.
(2) A party required to provide further information must provide it:
(a) to the Judicial Registrar; and
(b) if ordered to do so – to the other party.
Work Health Court Rules 1999 73
21.05 Magistrate to make assessment
An assessment under this Part is to be made by a magistrate
unless the Court orders otherwise.
21.06 Application to set aside default judgment
(1) A party may apply to have a default judgment set aside by filing an
application in accordance with Part 6 as soon as practicable after
the judgment is entered or given.
(2) The Court may set aside a default judgment on the terms it thinks
fit.
22.01 Filing and serving draft
After the Court has made the final order in a proceeding, the party
ordered to do so must:
(a) prepare a draft of the final order in accordance with Form 22A;
and
(b) file the draft final order and, subject to rule 22.03, without
delay serve a copy on each other party.
22.02 Party may request amendment of draft
(1) Not later than 14 days after being served with a draft final order
under rule 22.01, a party may file and serve a notice, in accordance
with Form 22B, requesting an amendment of the terms of the order
and specifying the amendment requested.
(2) Not later than 7 days after being served with a notice under
subrule (1), the party who filed the draft final order may:
(a) amend the terms of the order as requested and file and serve
an amended draft final order; or
(b) file and serve a notice, in accordance with Form 22C, refusing
to amend the terms of the order.
(3) If a notice is filed under subrule (2)(b), the Court must fix a date,
time and place for the hearing of submissions in respect of the
terms of the final order and notify the parties of the hearing.
Work Health Court Rules 1999 74
22.03 Parties may endorse agreement on draft
If all the parties agree as to the terms of the final order, the party
ordered to prepare the draft final order may file the draft endorsed
with a statement of the agreement and the signature of each party.
22.04 Settling draft, &c.
(1) The Registrar must settle a draft final order as soon as practicable
after:
(a) it is filed under rule 22.03;
(b) the expiry of 14 days after it is filed under rule 22.01(b),
provided no party has filed a notice under rule 22.02(1)
requesting an amendment of the terms of the order;
(c) an amended draft final order is filed under rule 22.02(2)(a); or
(d) the Court makes a determination at a hearing referred to in
rule 22.02(3).
(2) The Registrar must give a settled draft final order to the party who
filed the draft and, as soon as practicable, the party must prepare a
form of the order as settled and file sufficient copies to enable the
Registrar to send a sealed copy to each party.
(3) Each copy of a final order is to be:
(a) signed by a Registrar or by the person directed by the
managing magistrate to sign; and
(b) sealed.
(4) The Registrar must send a copy of a sealed final order to each
22.05 Court may correct error
The Court may at any time correct a clerical mistake or error in an
order arising from an accidental slip or omission.
Work Health Court Rules 1999 75
23.01 Definitions
In this Part, unless the contrary intention appears:
Appendix means the Appendix to Order 63 of the Supreme Court
Rules 1987 and includes practice directions relating to the
Appendix issued by the Chief Justice.
attendance at the hearing, for the purposes of rule 23.09(5)(b),
includes all work reasonably done in and in relation to attending the
hearing of a proceeding and to hear a deferred judgment.
bill means a bill of costs.
preparation, for the purposes of rule 23.09(5)(a), includes the
doing of all reasonable work up to attendance at the hearing of a
proceeding that was reasonably done, arising out of or incidental to
taxation, for the purposes of rule 23.09(5)(c), includes all work
done in preparing a bill (if allowable) and includes preparing for and
attending the taxation of costs.
taxing officer means:
(a) a Judicial Registrar;
(b) a Registrar; or
(c) an officer of the Court directed under rule 23.08(2) to conduct
a taxation.
23.02 Application of Supreme Court Rules 1987
Subject to the Act, these Rules and practice directions issued by
the Chief Magistrate, Order 63 of the Supreme Court Rules 1987
applies with the necessary changes to this Part.
Work Health Court Rules 1999 76
23.03 Power and discretion of Court
(1) Subject to the Act, these Rules and any other law in force in the
Territory, the costs of and incidental to a proceeding are in the
Court's discretion and the Court has the power to determine by
whom, to whom, to what extent and on what basis the costs are to
be paid.
(2) The Court may exercise its power and discretion in relation to costs
at any stage of a proceeding or after the conclusion of a
(3) In exercising its discretion under this rule in relation to a proceeding
commenced under section 104 of the Act, the Court must have
regard to the matters referred to in section 110 of the Act.
23.04 Court to fix percentage of Supreme Court costs
(1) Subject to these Rules, costs for work done are allowable at an
appropriate percentage of the relevant costs set out in the Appendix
up to and including 100%.
(2) When making a costs order the Court must fix the appropriate
percentage referred to in subrule (1).
(3) In fixing the appropriate percentage, the Court is to have regard to:
(a) the complexity of the proceeding in fact and law;
(b) the amount awarded to the party;
(c) the efficiency with which the parties conducted the
proceeding;
(d) the preparedness of the parties at a directions conference,
conciliation conference, prehearing conference or hearing of
an interlocutory application;
(e) the efforts of the parties in attempting to come to an
agreement; and
(f) any other matter the Court considers appropriate.
Work Health Court Rules 1999 77
23.05 Failure to provide correct information to mediator
If, after a certificate referred to in rule 5.02(2)(f) is filed:
(a) a worker or employer provides information to the Court that
differs from the information listed on the certificate; and
(b) the Court is satisfied that the worker or employer failed to
provide the mediator with relevant information that was in
existence at the time of the mediation to which the certificate
relates,
the Court may make a costs order against the party who failed to
provide the mediator with relevant information.
23.06 Costs in respect of conciliation conference
(1) Subject to rule 23.04 and unless the Court orders otherwise, costs
for the preparation for and attendance at a conciliation conference
are allowable in the same amount as set out in the Appendix for a
contested interlocutory application.
(2) If a conciliation officer is not an officer of the Court, the Court may
make an order to secure or enforce payment of the conciliation
officer's costs and expenses.
23.07 Costs of interlocutory application
If the Court orders that a party be paid the costs of an interlocutory
application, the party is not entitled to have those costs taxed until
after the final disposition of the proceeding unless the Court orders
otherwise.
23.08 Taxing officer
(1) Unless the Court orders otherwise, costs taxed in accordance with
this Division are to be taxed by a taxing officer.
(2) The Chief Magistrate or a Judicial Registrar may direct an officer of
the Court to conduct a taxation.
(3) An officer directed under subrule (2) to conduct a taxation is not to
do so if a party to the taxation or a party's legal practitioner objects
to the officer conducting the taxation.
Work Health Court Rules 1999 78
23.09 Bill of costs
(1) A party entitled to costs may apply to the taxing officer for a taxation
by filing, not later than 2 months after the final costs order is made:
(a) a summons for a taxation of costs in accordance with
Form 23A; and
(b) a bill in taxable form.
(2) The party must file sufficient copies of the summons and bill to
enable the party to serve a sealed copy on each party to whom the
summons is addressed.
(3) The fee payable on filing a bill of costs:
(a) is the fee that is specified at item 2 of the Schedule to the
Local Court Regulations 2016 for the filing of a bill of costs
under Part 38 of the Local Court (Civil Jurisdiction)
Rules 1998; and
(b) is to be claimed in the bill.
(4) A bill is to commence with a short narrative that succinctly identifies
the issues involved in the proceeding.
(5) A bill is to consist of 3 parts dealing with the costs of:
(a) preparation;
(b) attendance at the hearing; and
(c) taxation.
(6) The items claimed in each part are to be listed in chronological
order.
(7) On the filing of a summons for taxation, the Registrar must mark on
it the date, time and place fixed for the taxation.
(8) Not later than 21 days before the date fixed for the taxation, the
party entitled to costs must serve on the party who is to pay costs a
copy of the summons for taxation and the bill.
23.10 Notice of objection
(1) If the party who is to pay costs objects to any items in a bill, the
party must file and serve a notice of objection to those items in
accordance with Form 23B and provide in the notice the reason for
each objection.
Work Health Court Rules 1999 79
(2) A party must file and serve a notice of objection not later than
7 days before the date fixed for the taxation.
(3) If a party who is to pay costs fails to file and serve a notice of
objection, there is a presumption that the party has no objection to
the bill.
(4) Nothing in subrule (3) is to be taken to affect the discretion of the
taxing officer to tax off items.
(5) A party who is to pay costs and who does not file a notice of
objection is not entitled to be heard at the taxation without the leave
of the Court.
23.11 Particular allowances
(1) The taxing officer may allow a charge for general care and conduct
(as defined in the Supreme Court Rules 1987) in respect of
preparation and attendance at the hearing of a proceeding.
(2) No allowance is to be made for specific care and conduct (as
defined in the Supreme Court Rules 1987).
(3) A clerk's time spent in engrossing a document is allowable only if it
is:
(a) included in an item charged under the composite scale set out
in the Appendix; or
(b) 5 or more units.
23.12 Review of taxing officer's order
If a party files an application referred to in Order 63.55(12) of the
Supreme Court Rules 1987 as a Notice to Review, the application
is to be heard by:
(a) if there is an assigned magistrate in the proceeding – the
assigned magistrate; or
(b) if there is no assigned magistrate in the proceeding or the
assigned magistrate is not available – a magistrate.
Work Health Court Rules 1999 80
24.01 Change in legal practitioner
If a party changes the legal practitioner who acts for him or her, the
party must without delay file a notice of the change and serve a
copy:
(a) on the other parties; and
(b) if practicable – on his or her former legal practitioner.
24.02 Appointment of legal practitioner
(1) If a party who had not previously appointed a legal practitioner
appoints a legal practitioner to act for him or her, the party must
without delay file a notice of the appointment and serve a copy on
the other parties.
(2) The address for service of a party who files and serves a notice
under subrule (1) is the business address of the legal practitioner.
24.03 Ceasing to act
(1) If a legal practitioner ceases to act for a party, unless a notice of
change is filed and served under rule 24.01, the legal practitioner
must without delay:
(a) file a notice that he or she has ceased to act; and
(b) serve a copy on all parties.
(2) A notice under subrule (1) is to state the address of the party last
known to the legal practitioner.
(3) Except with the leave of the Court, a legal practitioner must not file
a notice under subrule (1) later than 56 days before the hearing of
(4) If a notice is filed and served under subrule (1), the address for
service of a party is the address of the party stated in the notice.
(5) If, under subrule (3), the Court gives a legal practitioner leave to file
a notice that the legal practitioner has ceased to act, the Court may
direct what address is to be the address for service of the party for
whom the legal practitioner has ceased to act.
Work Health Court Rules 1999 81
24.04 Service if practitioner ceases to practise
(a) a legal practitioner who has acted for a party has ceased to
practise; and
(b) the party has not given notice under rule 24.01 or the legal
practitioner has not given notice under rule 24.03(1),
on an interlocutory application made by any other party to the
proceeding, the Court may make orders in respect of service of
documents on the party.
(2) If an order is made under subrule (1), the party who made the
application must without delay serve a copy of the order on each
other party and file an affidavit of service.
25.01 Repeal
The Work Health Court Rules (1987, No. 18 and 1990, No. 7) are
repealed.
Work Health Court Rules 1999 82
rule 2.05(1)
FORM 2A
rule 2.06(3)
INDEX OF DOCUMENTS
The documents listed below and attached to this index are filed by [identify
party]:
(Give brief description, in numerical order, of each document filed.)
1.
2.
(Continue as necessary.)
Prepared and filed by [name, address, telephone number, facsimile number
and reference number of party or party's legal practitioner]. (If the legal
practitioner is acting as the agent of another practitioner, also insert the name,
address, telephone, facsimile and reference numbers of the principal.)
(NOTE TO PARTY FILING DOCUMENTS: Number the documents
consecutively at the top of each first page and attach securely to this index in
numerical order.)
Work Health Court Rules 1999 83
FORM 3A
rule 3.07(2)
NOTICE OF DISCONTINUANCE
NOTICE OF WITHDRAWAL
The [identify party] gives notice that:
this application is discontinued.
the counterclaim made in this proceeding is discontinued.
the appearance filed in this proceeding is withdrawn.
the notice of defence filed in this proceeding is withdrawn.
Work Health Court Rules 1999 84
Return to Work Act 1986
FORM 5A
rule 5.02(1)
APPLICATION TO THE WORK HEALTH COURT
IN THE WORK HEALTH Claim No.
COURT AT [VENUE]
BETWEEN [FULL NAME] * Worker/Applicant *
and
[FULL NAME] * Employer/Respondent *
TO THE * EMPLOYER/RESPONDENT *
AND THE COURT
This application is made to the Work Health Court for the following: (tick the
appropriate box)
(a) application for injunction under section 77 of the
Workplace Health and Safety Act 2007 [ ]
(b) appeal against decision on review under
section 88 of the Workplace Health and Safety
Act 2007
[ ]
(d) claim by Motor Accidents (Compensation)
Commission in respect of journey
claim: section 61(3) of the Return to Work
Act 1986
[ ]
(e) determination of dependants' proportions of
death benefit: section 62(2) of the Return to
Work Act 1986 (See note 1.)
[ ]
(f) order in respect of claim for compensation
under Part 5 of the Return to Work Act 1986 or
determination of dispute between worker and
employer following mediation under Part 6A of
the Return to Work Act 1986: section 104 of the
Return to Work Act 1986 (See note 2.)
[ ]
Work Health Court Rules 1999 85
(g) recovery by insurer from another insurer of
compensation paid: section 126A(2)(b)(i) of the
Return to Work Act 1986
[ ]
(h) claim against approved insurer for
compensation following default by employer:
section 132(1) of the Return to Work Act 1986
[ ]
(j) other (Give brief description and specify section
of Act – see note 3.) [ ]
The * employer/respondent * MUST, NOT LATER THAN 14 DAYS AFTER
BEING SERVED with this application:
(a) file an appearance, in accordance with Form 5C, with a Registrar of the
Work Health Court at [address]; and
(b) serve a copy of the appearance on the party making this application.
IF an appearance is not filed and served within the time specified above, the
worker/applicant * MAY OBTAIN DEFAULT JUDGMENT.
[signature of worker/applicant
Do not ignore this application. If you do not understand this application or
need help contact a Registrar of the Work Health Court, a legal practitioner or
your local legal aid office.
This application was filed:
by the * worker/applicant * in person.
for the worker by [name of person representing worker under
section 98 of Act] of [address]. (Address may include person's
telephone number and facsimile number (if any).)
for the * worker/applicant * by [name of that party's legal practitioner]
of [name of firm], legal practitioner(s), of [business address in Australia
including telephone, facsimile and reference numbers]. (If the legal
practitioner is the agent of another legal practitioner, also insert the
name of the principal's firm and business address including telephone,
facsimile and reference numbers.)
The address of the * worker/applicant * is – (Address may include
party's telephone number and facsimile number (if any).)
Work Health Court Rules 1999 86
3. The address for service of the * worker/applicant * is – (If that party
applies in person insert the address as in 2. If that party is represented
by a legal practitioner or a person under section 98 of the Act, insert
the address as in 1.)
4. The address of the * employer/respondent * is:
An application under section 62(2) of the Return to Work Act 1986 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 death.
Unless the Court orders otherwise, an application referred to in
section 104(3) of the Return to Work Act 1986 is to be accompanied by copies
of the following documents (as applicable):
(a) the worker's claim form and medical certificates referred to in
section 82 of the Return to Work Act 1986;
(b) notifications of decisions and statements under section 85 of the
Return to Work Act 1986;
(c) applications and decisions made under section 86 of the Return to
Work Act 1986;
(d) notices and statements given under section 69 of the Return to Work
Act 1986;
(e) all 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 Return
to Work Act 1986.
An application in respect of an interim determination under section 107
of the Return to Work Act 1986 is to be made by interlocutory application
(Form 6A and affidavit).
A sealed copy of this application and, if applicable, the documents filed
with the application are to be served on each other party. You must file
sufficient copies to allow for service of sealed copies.)
Work Health Court Rules 1999 87
FORM 5B
rule 5.04(2)
AFFIDAVIT OF SERVICE
NAME OF DEPONENT:
DATE AFFIDAVIT MADE:
I, [full name of deponent], [occupation or description], of [deponent's address],
make oath and say that:
At [time] on [day] the [date] of [month] [year] I served the Form 5A
application filed in this proceeding on [filing date] personally on the
employer/respondent *, [full name of party served], at [address where
served].
Personal service was effected as follows:
[details]
*3. I identified the * employer/respondent * as follows:
[details]
Made at [place] ________________ on [date] ________________
By [signature of deponent] _______________________________________
Witnessed by
Signature______________________________________________________
Justice of the peace / commissioner for oaths
Commissioner for Affidavits or Declarations or Notary Public (for service under
Service and Execution of Process Act 1992 (Cth))
Name________________________________________________________
Address or phone no. __________________________________________
Work Health Court Rules 1999 88
FORM 5C
rule 5.06(1)
APPEARANCE
TO THE * WORKER/APPLICANT *
In response to the application dated [e.g. 2 November 1998], I state that:
The full name and address of the * employer/ respondent * is:
*2. The name and address of the * employer's/respondent's * legal
practitioner is – [name of party's legal practitioner] of [name of firm],
legal practitioner(s) of [business address in Australia including
telephone, facsimile and reference numbers]. (If the legal practitioner is
the agent of another legal practitioner, also insert the name of the
principal's firm and business address including telephone, facsimile
and reference numbers.)
The * employer's/respondent's * address for service is – (If the party
defends in person insert the address as in 1. If the party is legally
represented insert the address as in 2.)
*4. The facts stated by the * worker/applicant * on the original claim form
are alleged to be inaccurate or incomplete for the following reasons:
(See note.)
*5. The employer has the following claim against the worker:
[brief statement of claim]
*6. The respondent claims, as a dependant of the deceased worker, to be
entitled to a proportion of the amount payable under section 62 of the
Return to Work Act 1986.
(NOTE TO EMPLOYER: An employer's appearance in respect of an
application by a worker is to be accompanied by all hospital reports and
medical reports in the employer's possession relating to the worker's claim,
whether or not they support the employer's allegations in item 4. See
rule 2.06(3) on how to file accompanying documents.)
Work Health Court Rules 1999 89
FORM 6A
rule 6.03(a)
INTERLOCUTORY APPLICATION
You are ordered to attend before the Work Health Court for the hearing of an
application by the [identify party] for [description of order sought].
This application is made in pursuance of rule [no.]
This application may be supported by an affidavit.
A sealed copy of this application and, if applicable, the affidavit are to
be served on each other party. You must file sufficient copies to allow for
service of sealed copies.)
Work Health Court Rules 1999 90
FORM 6B
rule 6.09(1)(a)
NOTICE OF CONSENT TO INTERLOCUTORY ORDER
The [identify consenting party] consents to the Court making an interlocutory
order that:
[terms of order]
Work Health Court Rules 1999 91
FORM 7A
rule 7.01(1)
NOTICE OF DIRECTIONS CONFERENCE
A directions conference has been listed to take place at the Work Health
Court at [address] at a.m./p.m. on or as soon afterwards as the
business of the Court allows.
All parties must attend the directions conference and be prepared to discuss
all issues.
An individual must attend the conference personally.
An officer or employee of a corporation must be authorised in writing by the
corporation to attend the conference and to settle the matter if possible. A
partner of a firm must have the unfettered written authority of all the other
partners to attend the conference and to settle the matter if possible.
Attendance at the conference on behalf of the Territory is to be by an
employee (as defined in the Public Sector Employment and Management
Act 1993) of the Agency for which the Territory is conducting the proceeding,
who is authorised in writing by the Chief Executive Officer of that Agency to
attend the conference and to settle the matter if possible.
An employer who is insured must be accompanied by the insurer's
representative.
A party who is legally represented may be accompanied by the legal
representative who must be fully instructed about the conduct of the
proceeding and the options for settlement.
If the person making the application fails to attend, the Court may strike out
the claim. If the person who filed the appearance fails to attend, the Court may
give the person making the application leave to proceed as if an appearance
had not been filed or may make other orders it considers appropriate. A party
who is unable to attend should contact a Registrar of the Work Health Court.
A Registrar may give you leave to attend by communication link. The Court
may dispense with the requirement of attendance in person (either physically
or by communication link) in special circumstances.
Work Health Court Rules 1999 92
FORM 7B
rule 7.04(4)(a)(ii)
SCHEDULING ORDER
At a directions conference held at the Work Health Court at [place] at [time] on
[date]:
The following persons attended:
(List parties or representatives.)
The following details were given by the parties:
(List details, in relation to each party, of matters referred to in
rule 7.04.)
The following undertakings were given/admissions made:
(List each undertaking/admission and name of party or party's legal
practitioner giving undertaking/making admission.)
The Court made the following orders:
(List orders made.)
Work Health Court Rules 1999 93
FORM 7C
rule 7.09
CASE MANAGEMENT STATEMENT
(Comments to be as brief as possible.)
Worker
Applicant
[Comments]
Employer
Respondent
[Comments]
The parties certify that this
proceeding is ready for hearing * yes/no * * yes/no *
All pleadings have been
completed and delivered and
pleadings are closed * yes/no * * yes/no *
All particulars requested have
been furnished * yes/no * * yes/no *
Discovery of documents has
been given by the parties * yes/no * * yes/no *
Inspection of documents has
taken place * yes/no * * yes/no *
All necessary medical
examinations have taken place * yes/no * * yes/no *
The parties require further
medical examinations prior to
the hearing * yes/no * * yes/no *
All reports and statements have
been served * yes/no * * yes/no *
If counsel is required, counsel
has been briefed * yes/no * * yes/no *
Counsel's advice on evidence
has been obtained * yes/no * * yes/no *
All witnesses should be
available at the hearing * yes/no * * yes/no *
The length of hearing is
estimated at:
Work Health Court Rules 1999 94
13. The prospects of settlement
are:
14. Details of witnesses:
(a) within the jurisdiction
(i) the number of
experts:
(ii) the number of
non-experts:
(b) outside the jurisdiction
(i) the number of
experts:
(ii) the number of
non-experts:
15. Communication link
arrangements are:
16. The orders required are:
(a) for the worker/applicant:
(b) for the
employer/respondent
17. Other relevant facts regarding
fixing a hearing date are:
(a) for the worker/applicant:
(b) for the
employer/respondent:
18. The shortest notice on which
each party would be ready to
commence the hearing is:
19. The issues to be determined at
the hearing are:
Dated: [e.g. 1 April 1999] Dated: [e.g. 1 April 1999]
[signature of party or legal
practitioner]
[signature of party or legal
practitioner]
Work Health Court Rules 1999 95
FORM 9A
rule 9.01(1)
STATEMENT OF CLAIM
THE [IDENTIFY PARTY MAKING THE CLAIM] CLAIMS [concise statement
of nature of claim], particulars of which are set out below, and seeks [concise
statement of compensation or relief sought]
PARTICULARS OF CLAIM
(Refer to notes.)
(NOTES TO PARTY MAKING CLAIM:
You must insert all the material allegations of fact (but not the
evidence) on which you rely in making the claim. These are to be set out
clearly and concisely in summary form in consecutively numbered
paragraphs. Each paragraph is to refer to a separate allegation (so far as
practicable). The allegations are to be expressed in plain English and
non-technical language except to the extent required by the nature of the
claim. Refer to Part 8 for additional rules that may be relevant to these
pleadings.
If you are a worker claiming compensation for an injury or disease, the
particulars of claim are to contain clear and concise details of the following (as
applicable):
(a) worker's date of birth and occupation;
(b) date when and workplace where injury occurred or disease contracted;
(c) nature of injury or disease;
(d) manner in which injury occurred or disease contracted;
(e) nature of disability suffered as result of injury or disease;
(f) the worker's normal weekly earnings at date injury occurred or disease
contracted;
Work Health Court Rules 1999 96
(g) dates of periods for which compensation payments claimed;
(h) amount claimed for permanent impairment and nature of permanent
impairment;
(j) amount claimed for hospital, medical, surgical or rehabilitation
treatment and nature of treatment.
3. If your Form 5A application was made under section 62(2) of the
Return to Work Act 1986, the statement of claim is to contain clear and
concise details of the following:
(a) deceased worker's full name, address, occupation and date of birth;
(c) date when and workplace where injury occurred or disease contracted;
(d) date of death;
(e) name and address (if known) of each dependant wholly or partially
dependent on deceased worker at date of death and relationship to
deceased worker.
4. A sealed copy of this statement of claim is to be served on each other
party. You must file sufficient copies to allow for service of sealed copies.)
Work Health Court Rules 1999 97
FORM 9B
rule 9.04(1)
NOTICE OF DEFENCE
TO [IDENTIFY PARTY]
THE DEFENCE OF THE [IDENTIFY PARTY DEFENDING THE CLAIM] IS
[concise statement of defence(s) relied on]
PARTICULARS OF DEFENCE
(Refer to notes.)
COUNTERCLAIM
(Rule 9.05)
THE [IDENTIFY PARTY MAKING COUNTERCLAIM] CLAIMS [concise
statement of the nature of the claim] particulars of which are set out below,
and seeks [statement of relief or remedy sought]
PARTICULARS OF CLAIM
(Refer to notes 1 and 5 only.)
(NOTES TO PARTY DEFENDING CLAIM:
You must insert all the material allegations of fact (but not the
evidence) on which you rely in defending the claim and making the
counterclaim (if applicable). These are to be set out clearly and concisely in
summary form in consecutively numbered paragraphs. Each paragraph is to
refer to a separate allegation (so far as practicable). The allegations are to be
expressed in plain English and non-technical language except to the extent
required by the nature of the defence or counterclaim.
Work Health Court Rules 1999 98
2. You must plead specifically a fact or matter that:
(a) you allege makes a claim not maintainable; or
(b) raises a question of fact that does not arise out of the statement of
claim.
3. An allegation in the statement of claim will be taken as admitted unless
you deny the allegation specifically or by necessary implication or state that
the allegation is not admitted. If you specifically deny an allegation, you must
state what facts you rely on as the basis of the denial.
4. If you intend to prove facts that are different from those in the
statement of claim, you must:
(a) specifically deny those facts or state that those facts are not admitted;
and
(b) plead the facts you intends to prove.
5. Refer to Part 8 for additional rules that may be relevant to these
pleadings.
6. If this notice contains a counterclaim, you must file sufficient copies to
allow for service of sealed copies. If this notice does not contain a
counterclaim, it need not be sealed and one copy only is to be filed.)
Work Health Court Rules 1999 99
FORM 10A
rule 10.04(2)
CONSENT TO BE LITIGATION GUARDIAN
To the COURT
I, [full name of litigation guardian] of [address] have consented to my
appointment as the litigation guardian of [name of person under disability].
The above-named is a person under a disability for the following reason(s):
I declare that I have no interest in this proceeding that is adverse to the
interest of the person under a disability named above.
[signature of
litigation guardian]
Work Health Court Rules 1999 100
FORM 11A
rule 11.01(2)(a)
APPLICATION FOR ORDERS IN RESPECT OF JOINDER OF PARTY
TO [IDENTIFY PERSON PROPOSED TO BE JOINED AND EACH OTHER
PARTY]
You are ordered to attend before the Work Health Court for the hearing of an
application by [applicant] for orders in respect of the joinder of another
employer/approved insurer */person * as a party to this proceeding.
The applicant alleges:
under section 55(3) of the Act, that the disease referred to in the worker's
claim in this proceeding was contracted while the worker was in the employ of
[name of other employer] of [address].
(OR)
under section 126A(2)(b)(ii) of the Act, that the approved insurer, [name] of
[address], may be liable to indemnify the employer for all or part of the
compensation paid to the worker.
(OR)
[brief description of allegation]
[signature of applicant
This application must be supported by an affidavit.
A sealed copy of this application is to be served on the party to be
joined and each other party. You must file sufficient copies to allow for service
of sealed copies.)
Work Health Court Rules 1999 101
FORM 12A
rule 12.02(1)
LIST OF DOCUMENTS
I, [name of party], the [identify party] in this proceeding, say that:
I have in my possession, custody or power, the documents enumerated
in Part 1 of Schedule 1 relating to the questions in this proceeding.
The documents enumerated in Part 2 of Schedule 1 are privileged, and
I object to producing them.
The documents are privileged on the following grounds:
(e.g.)
(a) as to documents numbered 4 – 6, that [grounds of privilege];
(b) as to documents numbered 7 – 9, that [grounds of privilege].
I have had, but no longer have, in my possession, custody or power,
the documents enumerated in Schedule 2 relating to the questions in
(e.g.)
(a) Document numbered [no.] was last in my possession, custody or
power on [date] and I believe that [statement of belief as to what has
become of it]
To the best of my knowledge, information and belief neither I nor my
legal practitioner nor any other person on my behalf has now, or ever
had, in my or his or her possession, custody or power, any documents
relating to a question in the proceeding other than the documents
enumerated in Schedules 1 and 2.
[signature of party]
(NOTE: A party's legal practitioner may complete this form only if instructed to
do so by the party. See rule 1.14.)