Industrial Relations Court Rules

No longer in force

This item is authorised by the following title:

Fair Work (Registered Organisations) Act 2009

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View as made version

F2004C00325

04 December 1996 - 07 August 1997

Table of contents

1 Short title [see Note 1]
2 Repeal
3 Interpretation
4 Order on terms
5 Alternative method of filing
6 Serial number
7 Forms
8 Relief from Rules
9 Proceedings wanting or in doubt
10 Industrial Relations Regulations
1 Sittings
2 Vacations
3 Court holiday
1 Month
2 Reckoning
3 Extension and abridgment
4 Fixing times
5 Vacation
6 Registry hours
1 Commencement by application — Form 5
2 Parties
3 Relief claimed
4 Name, address etc
5 Notice to appear
6 Affidavit or statement of claim — Form 7
7 Filing and copies
8 Date for directions hearing
9 Claim for interlocutory relief
10 Endorsement of date
11 Time for service
12 Alteration of date
13 Alteration of date where service less than 5 days before hearing
14 Suit in person
15 Proceeding by rule — Form 6
16 Proceeding under section 261 of the Act
17 Preliminary discovery
1 Claim by respondent
2 Cross-claim — Form 1
3 Title
4 Rules applicable where statement of claim
5 Pleading — Forms 8, 9, 10
6 Service of prior pleadings — Form 11
7 Rules applicable where affidavit
8 Cross-claims by leave
9 Cross-claim after directions hearing
10 Service
11 Conduct of proceeding generally
12 Directions
13 Default of respondent to cross-claim
14 Setting aside default judgment
15 Separate prosecution
16 Contribution or indemnity
17 Offer of contribution
1 Multiple claims
2 Joinder of parties generally
3 Joint right
4 Leave under rule 2 and subrule 3 (2)
5 Common liability
6 Inconvenient joinder
7 Misjoinder and non-joinder of parties
8 Addition of parties
9 Removal of parties
10 Death, transmission etc
11 Further conduct of proceedings
12 Failure to proceed after death of party
13 Representation: concurrent interests
14 Representation of beneficiaries by trustees
15 Deceased person
16 Conduct
1 Originating process
2 Personal service: how effected
3 Mode of service
4 Ordinary service: how effected
4A Service on principal solicitor
5 Identity
6 Address for service
7 Document exchange — Form 12
8 Acceptance by solicitor or authorised representative
9 Substituted service
10 Informal service: confirmation
11 Service by filing
12 Notice etc by the Court
13 Injunction: service
14 Service under contract
1 Cases for service of originating process
2 Leave or confirmation
3 Other documents
4 Rules as to service generally
5 Mode of service
6 Service under convention
7 Requisite documents
8 Translation
9 Request and undertaking
10 Procedure on filing and lodgment
11 Evidence of service
12 Order for payment of expenses
13
14 Required documents
15 Proof of service
16 Substituted service
1 Appearance by solicitor or authorised person or in person
2 Time for appearance
3 Mode of entry
4 Notice of appearance
5 Service of appearance
6 Conditional appearance
7 Setting aside originating process etc
1 Directions hearings
2 Fixing of date
3 Despatch, orders and directions
4 Summary disposal
5 Interlocutory orders
6 Motion on notice
7 Procedure on default
1 Paragraphs — Form 7
2 Facts not evidence
3 Brevity
4 Documents and spoken words
5 Presumed facts
6 Conditions precedent
7 New matter
8 Departure
9 Points of law
10 Matters for specific pleading
11 Tender
12 Set-off
13 Admissions and traverse
14 Joinder of issue
15 Close of pleadings
16 Embarrassment etc
17 General issue
18 Denial to be substantial answer
19 Times for filing and service of pleadings
20 Defence — Form 16
21 Defence to cross-claim
22 Reply — Form 17
23 Procedure on default
1 General
2 Fraud etc
3 Conditions of mind
4 Damages
5 Order for particulars
1 Application of Order
2 General
3 Amendment of pleading without leave
4 Consequential amendment of defence or reply
5 Disallowance of amendment
6 Duration of leave
7 Mode of amendment — directions
8 Mode of amendment — simple amendment — Form 19
9 Mode of amendment — fresh document
10 Service after amendment
1 Time for swearing
2 Form of affidavit — Form 20
3 Alteration
4 Exhibits and annexures
5 Irregularity
6 Filing
7 Service
8 Scandal etc
9 Cross-examination
1 Notice for discovery — Form 21
2 Discovery on notice
3 Limitation of discovery on notice
4 Co-respondents
5 Order for general discovery
6 Contents of list — Form 22
6A Discovery of documents
7 Absence of privilege
7A Supplementary discovery
8 Order for particular discovery
9 Deponent
10 Document referred to in pleading or affidavit
11 Order for production
12 Copying of documents produced for inspection
13 Production to the Court
14 Inspection to decide objection
15 Order only if necessary
16 Procedure on default
17 Public interest
18 Use of documents
1 Interpretation
2 Privilege
3 Discovery to identify a respondent
4 Conduct money
5 Party an applicant
6 Discovery from prospective respondent
7 Party an applicant
8 Discovery from non-party
9 Procedure
10 Inspection of documents
11 Costs
12 Power to order inspection, preservation etc of property
1 Interrogatories by notice — Form 23
2 Answers pursuant to notice
3 Limitation of interrogatories by notice
4 Co-respondents
5 Order to answer
6 Contents of statement — Form 24
7 Deponent — Form 24
8 Insufficient answer
9 Procedure on default
10 Answers as evidence
11 Public interest
1 Inspection of property
2 Application and service
3 View
1 Voluntary admission
2 Notice to admit facts — Form 25
3 Admission of documents discovered
4 Judgment on admissions
1 Application
2 Notice of motion — Form 27
3 Time for service of notice
4 Service
5 Absence of party
6 Further hearing
1 Summary judgment
2 Frivolity
3 No demurrer
4 Residue of proceedings
5 Application by motion
1 Vexatious litigant
2 Vexatious proceeding against a person
3 Application
4 Rescission or variation of order
5 Leave to continue proceeding
1 Withdrawal of appearance — Form 28
2 Discontinuance — Form 29
2A Discontinuance — unlawful termination of employment
3 Costs
4 Withdrawal of defence reply etc — Form 30
5 Mode of discontinuance or withdrawal
6 Service
7 Effect of discontinuance
8 Stay to secure costs
1 Interpretation
2 Bringing money into Court
3 Respondent to cross-claim
4 Payment into Court not an admission
5 Where tender before action pleaded
6 Notice of deposit — Form 31
7 Order to allot
8 Abandonments of cross-claim
9 Withdrawal by respondent — Form 32
10 Acceptance by applicant — Forms 33 and 34
11 Effect of acceptance
12 Withdrawal of acceptance — Form 35
13 Order for payment out after acceptance
14 Non-disclosure
15 Security — Form 36
16 Service
1 Order for examination of witness — Forms 37, 38 and 39
1A
2 Letter of request
2A Procedure where orders are made under paragraph 7V (1) (a) or (b) of the Evidence Act 1905
3 Documents for examiner
4 Appointment for examination
5 Conduct of examination
6 Examination of additional persons
7 Objection
8 Taking of depositions
9 Authentication and filing
10 Special report
11 Default of witness
12 Order for payment of expenses
13 Perpetuation of testimony
14 Exclusion of evidence in criminal proceedings
1 Order before commencement of proceeding
2 Preservation of property
3 Disposal of personal property
4 Interim distribution
5 Interim income
6 Payment before ascertainment of all persons interested
7 Terms: time for order
1 Receiver and manager
2 Address for service
3 Security — Form 40
4 Remuneration
5 Accounts
6 Default
7 Powers
8 Account on death
1 Interpretation
2 Power to issue
3 Conduct money
4 Production by non-party
4A Costs of complying with subpoena
5 Banker’s books
6 Issue of subpoena
7 Document or thing in custody of a court
8 Service
9 Setting aside
1 Interpretation
2 Application
3 Cases for security
4 Manner of giving security
5 Stay or dismissal
6 Saving
1 Interpretation
2 Order for decision
3 Orders, directions upon decision
4 Disposal of proceedings
5 Consolidation etc
1 Interpretation
2 Request to fix date for trial (Form 44)
3 Fixing date for trial
5 Want of prosecution
6 Place of trial
7 Vacating date for trial
1 Notice of motion for jury trial
1 Interpretation
2 Absence of party
3 Default of appearance of both parties
4 Conduct of the trial
5 Record
6 Death before judgment
1 Witnesses at a trial
2 Hearsay and copies
3 Dispensing with rules of evidence
4 Depositions
5 Evidence in other proceedings
6 Plans, photographs and models
7 Proof of court documents
8 Production of court documents
9 Consent of trustee etc
10 Leading questions to witness
11 Privilege
12 Production on notice — Form 45
13 Attendance and production
14 Attendance of prisoner in proceedings before Court or examiner
15 Parties in lawful custody
1 Application
2 Appointment
3 Report
4 Cross-examination
5 Remuneration
6 Further expert evidence
1 General relief
2 Written reasons
3 Date of effect
4 Time for compliance
5 Fine
6 Dismissal
7 Setting aside
8 Interest
9 Judicial notice of order
10 Consent orders
11 Undertakings
1 Lodgment — Form 47
2 Settlement
3 Appointment for settlement
4 Procedure on appointment
5 Settlement without lodgment
6 Signature
7 Review
8 Order: where entry required
9 Manner of entry
10 Sealing
11 Copies
12 Service
1 Attendance
2 Service before committal or sequestration
3 Substituted performance
4 Enforcements by or against non-party
5 Non-performance of condition
6 Matters occurring after judgment
7 Enforcement as in State and Territory Supreme Courts
8 Ex parte application
9 Committal — Form 49
10 Stay of execution
1 Ascertainment of damages where a matter of calculation
2 Certificate of Registrar
3 Damages in respect of continuing cause of action
1 Account: summary order
2 Account or inquiry at any stage
3 Account: directions
4 Account: form and verification
5 Account: filing and service
6 Account: notice of charge or error
7 Account: allowances
8 Delay
9 Account: taken before Registrar
10 Certificate of Registrar
1 Arrest
2 Charge, defence and determination
3 Interim custody
4 Application
5 Procedure generally
6 Statement of charge
7 Evidence
8 Service
9 Arrest — Form 48
10 Motion or proceedings by the Registrar
11 Warrant — Form 48
12 Discharge
1 First page of a document — Form 1
2 Documents
3 Details to be shown on first page of a document
4 Numbers
5 Scandal etc
6 Signing documents — Form 4
1 Interpretation
2 Action in partnership name
3 Disclosure of names etc of partners
4 Service
5 Appearance of partners
6 Appearance under protest of person served as partner
7 Defence
8 Entry of order
9 Execution of judgment against a partnership
10 Judgment against individual partner
11 Interpretation
12 Proceedings in business name
13 Application of rules
14 Service
15 Appearance
16 Proceeding under either Division
17 Amendment as to parties
18 Execution
19 Variation of judgment or order
20 Discovery in aid of rules 17 and 19
1 Proceeding by or against person under disability
2 Appointment of tutor by the court
3 Removal of tutor
4 Appointment of tutor generally
5 Conduct of proceedings by tutor
6 Cross-claim
7 No imputed admission on pleadings
8 Discovery and interrogatories
9 Compromise etc of matter in suit
10 Payment into Court
11 Compromise etc before suit
12 Terms of approval
13 Service
1 Interpretation
2 Case for relief
3 Application in a pending proceeding
4 Notice of claim — Form 50
5 Notice to execution creditor
6 Admission of claim
7 Interpleader motion
7A Payment pursuant to statutory entitlement
8 Powers generally
9 Default by claimant
10 Neutrality of applicant
11 Order in several proceedings
12 Disposal
1 Power to act by solicitor or authorised representative
2 Adverse parties
3 Change of solicitor or authorised representative
4 Change of agent
5 Appointment of solicitor or authorised representative
6 Removal of solicitor or authorised representative
7 Withdrawal of solicitor or authorised representative
8 Effect of change
9 Signature for solicitor
1 Taking of oaths and affidavits
2 Seal of Court
3 Use of Seal
4 Stamp of Court
5 Custody of documents
6 Inspection of documents
7 Operation of Registries
7A Abuse of process
7B Prescribed time — subsection 466 (5) of the Act
8 Temporary venue
9 Transmission of documents
10 Transmission of order
11 Summary of order
12 Facsimile
1 Interpretation
2 Suspension of execution
3 Default
4 Execution: motion for directions
5 Security
6 Liability of solicitor
7 Bill
8 Taxation
9 Determination
10 Default by solicitor
1 Interpretation
2 Commencement of a proceeding
3 Service
4 Directions
5 Court directions to issue subpoenas
6 Application under section 221 of the Act
1 Prosecutions
2 Form of summons, Forms 51, 52
3 Summons in paragraphs
4 Appointment of date
5 Affidavits as to fine or penalty
1 Application
2 Special case to be prepared etc
3 Setting down for hearing
4 Question referred under section 82 of the Act
1 Notice of a constitutional matter — Form 53
2 Notices of a constitutional matter
3 Affidavit of service
1 Remittal of matters by High Court to the Court
2 Filing and service
3 Directions hearing
4 Directions of High Court
1 Application
2 Form of Application
3 Joinder of claims for relief
1 Interpretation
2 Service
2A Application of division
2B Leave to appeal from interlocutory judgments of the Court
3 How applications for leave to appeal to be made
4 Form of application — Form 54
5 Time for filing application
6 Service
7 Appearance
8 Time for filing and service of affidavits
9 Setting down for hearing
10 Directions hearing
11 Interpretation
12 Form and filing of notice of appeal — Form 55
13 Title of proceeding
14 Parties
14A Appearance by respondent
15 Time for filing and serving notice of appeal
16 Filing in courts and service upon parties
17 Stay
18 Competency of appeal
19 Discontinuance of appeal
20 Security for costs
21 Amendment by supplementary notice
22 Cross-appeal
23 Retention of exhibits
24 Appointment to settle
25 Collection of papers
26 Draft index of appeal papers
27 Settlement
28 Preparation of appeal papers
29 Setting down appeal
30 Written submissions
31 Directions
32 Preparation
33 Further evidence on appeal
34 Expediting appeals
35 Directions by Registrar
36 Want of prosecution
37 Reference to Court by single Judge
1 Determination of amount of costs
1 Application
2 Litigants’ fund
3 Particulars of payment
4 Other application of moneys
5 Payment under order
6 Enquiry by bank unnecessary
7 Certification payment
1 Mediation or arbitration procedure
2 Application of Order
3 If a Judge or a Judicial Registrar undertakes mediation
4 Adjournment of proceedings
5 Court may terminate mediation or arbitration
6 Nomination of mediator
7 Conduct of mediation conferences
8 Adjournment or termination of mediation
9 Appointment of arbitrator
10 Termination of arbitration
1 Interpretation
2 Application of Order
3 Commencement of proceedings
4 Consent to be a group member
5 Applications for orders involving notice
6 Opt out notices
1 Interpretation
2 Powers of Judicial Registrars
3 Prescribed time in relation to review
1 Interpretation
2 Consideration of application
3 Directions hearing
4 Application referred for informal mediation
1 Application of Order
2 Form of application
3 Appearance
4 Enforcement of award
1 Interpretation
2 Alternative method of enforcement
3 Form of application for enforcement
4 Registrar may order seizure of property
5 Enforcement of judgment or order by Sheriff
- First Schedule

Industrial Relations Court Rules

Legislation text