1992—No. 137 (NSW)

1992—No. 137

INDUSTRIAL RELATIONS ACT 1991—REGULATION

(Industrial Court Rules (Transitional) Regulation 1992)

NEW SOUTH WALES

[Published in Gazette No. 40 of 27 March 1992]

HIS Excellency the Governor, with the advice of the Executive Council, and in pursuance of the Industrial Relations Act 1991, has been pleased to make the Regulation set forth hereunder.

TERRY GRIFFITHS

Minister for Justice.

Citation 1. This Regulation may be cited as the Industrial Court Rules

(Transitional) Regulation 1992.

Commencement

2. This Regulation commences on the commencement of the Industrial Relations Act 1991.

Interim rules of the Industrial Court

3. The Industrial Court (Interim) Rules 1992 set out in Appendix A apply as the rules of court of the Industrial Court until rules of the Industrial Court are made under section 313 of the Industrial Relations Act 1991.

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APPENDIX A

INTERIM RULES OF THE INDUSTRIAL COURT OF NEW

SOUTH WALES

PART 1—PRELIMINARY

Citation 1. These Rules may be cited as the Industrial Court (Interim) Rules

1992.

Commencement

2. These Rules commence on the commencement of the Industrial Relations Act 1991.

Division of Rules

3. These Rules are divided as follows:
PART 1—PRELIMINARY
PART 2—INDUSTRIAL COURT OF NEW SOUTH WALES
PART 3—PRELIMINARY DISCOVERY

PART 4—INITIATION OF PROCEEDINGS

Division 1—General
Division 2—Void Contracts and Regulated Contracts
Division 3—Void Enterprise Agreements
Division 4—Application for Recovery of Money

Division 5—Miscellaneous Applications

PART 5—MOTIONS
PART 6—REFERENCES

PART 7—APPEALS

Division 1—General

Division 2—Stated Case

PART 8—PARTICULARS
PART 9—AFFIDAVITS
PART 10—SERVICE AND NOTICE OF HEARING
PART 11—APPEARANCE
PART 12—DOCUMENTS

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PART 13—GENERAL PROCEDURE
PART 14—DISCOVERY AND INSPECTION OF DOCUMENTS

Division 1—Discovery Division 2—Inspection Division 3—Interrogatories

Division 4—General

PART 15—SUBPOENAS
PART 16—AMENDMENT
PART 17—ADMISSIONS
PART 18—OFFER OF COMPROMISE
PART 19—WITHDRAWALS AND DISCONTINUANCE
PART 20—TIME
PART 21—MEDIATION

Division 1—Preliminary

Division 2—Mediation

PART 22—EVIDENCE
PART 23—PREHEARING CONFERENCES
PART 24—SOLICITORS AND AGENTS
PART 25—COSTS
PART 26—PROCEEDINGS RELATING TO PROSECUTION

PART 27—CONTEMPT

Division 1—Preliminary
Division 2—Contempt in the face or hearing of the Court

Division 3—Motion or proceedings for punishment

PART 28—MATTERS BEFORE THE REGISTRAR

Division 1—Preliminary
Division 2—Reference and Removal
Division 3—Appeals to Court
Division 4—General Powers and Duties

PART 29—MISCELLANEOUS FIRST SCHEDULE—FORMS SECOND SCHEDULE—SCALE OF COSTS AND FEES

THIRD SCHEDULE—ADDITIONAL POWERS OF REGISTRAR

Definitions

4. In these Rules:
“Court” means the Industrial Court of New South Wales;

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“decision” includes an order, direction, or ruling; “filed” means filed in the Registry of the Court; “Chief Judge” means the Chief Judge of the Court;

“process” means an application, reference, notice of appeal or other process by which proceedings are initiated and any other document filed or served in the course of proceedings;

“promptly”, in relation to the performance of an act means immediately, or where that is not practicable, as soon as such performance is reasonably possible in the circumstances;

“Registrar” means the Registrar of the Court;
“Registry” means the Registry of the Court;

“respondent” means a party to the proceedings other than an

applicant or appellant;

“the Act” means the Industrial Relations Act 1991 and references to

sections in these Rules refer to sections of that Act;

“tutor” bears the same meaning as that term in the Supreme Court

Rules 1970.

Forms

5. (1) Forms are prescribed in the First Schedule.
(2) If a form in that Schedule requires the form to be completed in a

specified manner, or requires specified information to be included in, attached to or furnished with the form, the form is not duly completed unless it is completed in that manner and unless it includes, or has attached to or furnished with it, that information.

(3) A document which, in the opinion of the Registrar, is either substantially in accordance with the required content of any form in the First Schedule or contains only such variation as the nature of the case necessitates, may be accepted for filing in the Registry.

PART 2—INDUSTRIAL COURT OF NEW SOUTH WALES Seals and stamps

1. (1) There shall be a seal of the Court which shall bear the Royal Arms, with the words “The Seal of the Industrial Court” around or above, and the words “of New South Wales” below.

(2) The seal shall be kept in the custody of the Registrar and shall be affixed to all Rules of the Court and such other documents as the Chief Judge directs.

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(3) There shall be a stamp of the Court bearing the words “Industrial Court of New South Wales”.

(4) The stamp shall be kept in the custody of the Registrar and shall be used on all process relating to the Court filed with or issued by the Registrar and such other documents as the Chief Judge directs.

(5) A rubber stamp or other facsimile may be used instead of such seal or stamp for any purpose.

Registrar to receive and submit all documents filed

2. (1) All proceedings before the Court under the Act or any other Act shall be commenced and continued in the Registry.

(2) The Registrar shall, either personally or by any officer as the Registrar directs in the name and on behalf of the Registrar, receive all documents filed in respect of applications made under the Act or any other Act in relation to the Court, issue all process and all orders of the Court and keep a record of the proceedings of the Court.

(3) The Registrar shall endorse the date of lodgment on all process.

(4) Where the signature of the Registrar is required on any document, a rubber stamp or other facsimile of that signature may be affixed to the document by such officer as the Registrar authorises.

Filing by post or Document Exchange

3. (1) Any document for filing in the Registry may be filed under this

Rule.

(2) A document for filing under this Rule may:
(a) be posted to the Registry; or
(b) be left, addressed to the Registry:

(i)  in the exchange box of Australian Document Exchange Pty Ltd and of the Registry;

(ii)  in another exchange box for transmission to the exchange box of that Company and the Registry; or

(iii) in a box provided for the purpose in the Registry,

and shall be accompanied by any prescribed fee together with a request
that the document be filed.

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Registry hours

4. (1) The office of the Registry shall be open to the public for the transaction of business from 9.30 am to 4.00 pm on all days except Saturdays, Sundays and public holidays.

(2) The office of the Registry may be opened at other times by the direction of the Registrar or of the Chief Judge.

Serial numbers for filing

5. Documents relating to proceedings before the Court shall be kept and maintained separately and shall bear a serial number which is distinctive to the particular proceeding.

Searches

6. (1) Except as provided by subrule (2), a person shall be at liberty to search in the Registry in any proceeding for the purpose of inspecting any document filed or lodged with the Registry.

(2) An order of the Chief Judge is required for the purpose of search and inspection of a document where the proceeding or the appropriate part of the proceeding before the Court:

(a) is the subject of an order under section 303; or

(b)	relates to evidence for which a direction has been given under section 312; or
(c)	relates to a matter in which the Court has previously directed that confidentiality should be observed;
(d)	is the subject of a direction by a judge that the proceeding or a specified part of the proceeding or a document in the proceeding shall not be opened for inspection.

PART 3—PRELIMINARY DISCOVERY

Examination and production

1. (1) Where, on application by any person, it appears to the Court

that:

(a) the applicant, having made reasonable inquiries, is unable to ascertain the identity of a person for the purpose of commencing proceedings against that person or is unable to ascertain the description of any person sufficiently for that purpose; and

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(b) some person has or may have knowledge of facts, or has or may have in that person’s possession, custody or power any document or thing, tending to assist in the ascertainment of the identity or description of the person concerned,

the Court may order that person:

(c)	to attend before the Court or the Registrar and be orally examined on any matter relating to the identity or description of the person concerned; and
(d)	to produce any document or thing in that person’s possession, custody or power relating to the identity or description of the person concerned.

(2) Where, on the application of any person, the matters mentioned in subrule (1) (a) appear to the Court and it further appears to the Court that a corporation has or may have in its possession, custody or power any document or thing tending to assist in the ascertainment of the identity or description of the person concerned, the Court may order the corporation or any officer of the corporation to produce any document or thing in the possession, custody or power of the corporation relating to the identity or description of the person concerned.

(3) In this Rule:

“person concerned” means the person referred to in subrule (1) (a);

and

“description” includes the name, place of residence, place of

business, occupation and sex of the person concerned.

Procedure

2. (1) An application for an order under Rule 1 shall be made by notice of motion in form 1 joining the person against whom the order is sought as a respondent.

(2) An order under Rule 1 must be served personally on the person ordered to attend or to produce any document or thing.

Conduct money

3. Part 15 Rules 3 and 8 apply in relation to an order under Rule 1 as they apply in relation to a subpoena.

Expenses and loss

4. Where any person incurs expense or loss in complying with an
order under Rule 1 in an amount exceeding any sum paid under Rule 3,

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the Court may order the applicant to pay to that person an amount

sufficient to make good the expense or loss.

PART 4—INITIATION OF PROCEEDINGS

Division 1—General

Originating process

1. (1) Except as otherwise provided, the manner of application to the Court (including application for any determination, declaration, injunction or order) shall be by way of application in form 2.

(2) Notice of motion shall be in form 1.
(3) Summons to show cause shall be in form 3.

(4) Where no form of application has been prescribed the originating

process shall be in a form approved by the Registrar.

(5) In any proceedings between parties, or where the Court or the Registrar directs, the originating process shall bear a note requiring any party wishing to appear before the Court to file a notice of appearance within 7 days of service of the process upon that person and drawing attention to Part 11 of these Rules.

(6) Where leave of the Court is required to commence proceedings or to take any step in proceedings, the application for leave shall be by notice of motion and shall briefly but specifically state the reasons why leave should be granted.

Registrar to facilitate service of process

2. (1) The Registrar shall take all reasonable steps to ascertain the persons interested in or who may be affected by an application and may require evidence to be supplied upon affidavit or otherwise as to the persons so interested or affected.

(2) Any such affidavit shall state the means of knowledge of the deponent and the inquiries or searches, which may have been undertaken to ascertain who is so interested or affected.

(3) The Registrar may direct service of any process upon such persons as the Registrar thinks fit.

Affidavit of service 3. An affidavit of service in form 4 shall be filed by the applicant

promptly after service of the originating process has been effected.

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Matters initiated by Court

4. (1) If the Court decides, on its own initiative, to exercise any of its functions it may proceed summarily or direct that proceedings be commenced by a summons to show cause.

(2) Such summons shall be served by the Registrar upon any person as the Court may direct and any person so served shall appear before the Court.

Urgency affidavit

5. (1) An applicant who desires that any matter should be dealt with as one of urgency shall file an affidavit setting out, briefly but specifically, the reasons for the request.

(2) A copy of the affidavit shall be served with the originating process but, if the proceedings before the Court have already commenced at the time of the filing of the affidavit, it shall promptly be served on each of the other parties.

Applications for hearings outside Sydney

6. (1) Where any party desires that the Court sit at any place other than Sydney for the purpose of hearing any matter, the party may be directed by the Registrar to file an affidavit in support, setting out, briefly but specifically, the nature of the matter, the grounds and reasons for the request, the number of witnesses likely to be called and the nature of the evidence to be given.

(2) A copy of the affidavit shall be served on each of the other parties and any affidavit in answer shall be filed within 3 days from the date of service upon that party of the copy of the affidavit.

Court’s exercise of powers of Registrar

7. Where in relation to proceedings before the Court any summons, notice, direction or other document may be signed or given or any extension of time may be granted or direction given by the Registrar, it may be signed, given or granted by the Chief Judge or other member of the Court.

Division 2—Void Contracts and Regulated Contracts Proceedings under section 275 of the Act

8. (1) Application to the Court to exercise the powers conferred on it by section 275 of the Act must be by summons in form 5.

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(2) A party claiming relief is to be called an applicant.
(3) A party against whom relief is claimed is to be called a respondent.

(4) The application must indicate:

(a) the contract, arrangement, condition or collateral arrangement in respect of which the application is made; and

(b) briefly, but specifically, the grounds of the application; and

(c)	any award, former industrial agreement, agreement registered under Chapter 6 of the Act or contract, by reference to which the claim or any part of it is based; and
(d)	the relief claimed and particulars of the manner in which any amount claimed is calculated; and

(e) the persons against whom relief is claimed.

(5) The summons must have subscribed to it a note to the respondent to

the effect that an order may be made against the respondent in the event
of non-appearance in the proceedings.

(6) Unless otherwise ordered by the Registrar, a copy of the application must be filed.

(7) Affidavits must be filed with the summons, stating briefly but specifically the facts, matters and circumstances relied upon in support of the application.

(8) Unless otherwise ordered by the Registrar, the application, together with a copy of the affidavits in support, must be served on the respondent in the manner specified in Part 10 Rule 1 (2) unless Part 10 Rule 7 applies.

(9) Division 1 applies to proceedings under this Division.

(10) Where an appearance has not, within the required period, been

entered by a respondent, the applicant may proceed to have the matter

determined in the absence of that respondent.

Applications under section 281 of the Act

9. (1) An application to the Court pursuant to section 281 must be in form 6 and must state:

(a)	the name of the industrial organisation of employees which is making the application; and
(b)	the industry or calling in which the members of the organisation are employed; and

(c) the work to which the application relates; and

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(d) the contract under or in pursuance of which it is alleged the work is being or is likely to be carried out or performed; and

(e) briefly, but specifically, the grounds of the application; and

(f)	if applicable, the minimum rate at which it is claimed that a person should be remunerated in relation to the carrying out or performance of the kind of work involved in the application; and
(g)	the persons or bodies who or which have an interest in the matters to which the proposed order relates.

(2) The provisions of this Part apply to proceedings under this Rule in the same way as they apply to proceedings on an application under Rule 8.

Division 3—Void Enterprise Agreements

Applications under section 133 of the Act

10. (1) An application to the Court pursuant to section 133 must be in

form 7.

(2) The provisions of this Part apply to proceedings under this Rule in the same way as they apply to proceedings on an application under Rule 8.

Division 4—Application for Recovery of Money

Recovery of wages due under awards and similar amounts

11. (1) An application for an order for the payment of money under sections 151, 153, 156, 686 or 687 of the Act, section 13 (1) of the Annual Holidays Act 1944, section 12 (1) of the Long Service Leave Act 1955 or section 12 (1) of the Long Service Leave (Metalliferous Mining Industry) Act 1963, shall be by application in form 8 and shall state:

(a)	the name and address of the person on whose behalf the order is sought; and
(b)	the name and address of the person against whom the order is sought; and
(c)	any award, agreement or determination, or the conditions of the permit issued under section 21, under which it is claimed the amount became due; and
(d)	the Act and the section under which the application is made; and
(e)	particulars of the amount claimed.

(2) The application shall be signed by:
(a) the applicant or the solicitor for the applicant;

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(b)	the secretary or other officer of an industrial organisation taking the proceedings; or
(c)	a person authorised in writing by the applicant to make such application on behalf of the applicant.

(3) Where an application is made by the secretary or other officer of an industrial organisation or by an authorised person, the consent or authority as the case may be of the applicant shall be filed with the application. Nevertheless, proof of such consent or authority may, with leave of the Court, be given at the hearing.

Recovery of cost of work not fixed by award or agreement 12. (1) An application for leave to recover remuneration for work

under section 152 shall be by application in form 9 and shall state:

(a) the name and address of the person seeking the leave; and

(b)	the name and address of the person from whom it is sought to recover remuneration; and
(c)	the kind of work done for which it is sought to recover remuneration; and
(d)	the award or agreement or the conditions of the permit issued under section 21 under which the price or rate claimed is fixed; and
(e)	the other work done or the work done in different circumstances to which it is alleged the award, agreement or permit is applicable; and

(f) the price or rate for work referred to in paragraph (e); and

(g) briefly but specifically the circumstances relied upon as making it just and equitable for the employer to remunerate the employee.

Division 5—Miscellaneous Applications

Superannuation appeals

13. An appeal pursuant to section 390 shall be in form 10.

Civil proceedings for victimisation

14. An application pursuant to section 482 shall be in form 11.

Recovery of compensation from officer

15. An application pursuant to section 488 shall be in form 12.

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Application for leave to hold office

16. Leave of the Court pursuant to section 493 or section 494 shall be sought by way of application in form 2.

Application for order relating to oppressive conduct by organisation
17. (1) An application by the Industrial Registrar to the Court for an

order pursuant to section 497 shall be by summons to show cause in form

3.

(2) An application to the Court by any other person for an order pursuant to section 497 shall be in form 2.

Application for suspension or cancellation of registration of organisation

18. An application for the suspension and cancellation, or cancellation, of the registration of an organisation registered pursuant to the Act shall be in form 2.

PART 5—MOTIONS

Application

1. An interlocutory or other application in relation to proceedings already commenced shall be made by motion.

Notice

2. (1) Subject to subrule (2), a person shall not move the Court for any order unless before moving that person has filed notice of the motion in form 1 and has served the notice on each interested party who has an address for service in the proceedings.

(2) A person may move the Court without previously filing or serving notice of the motion:

(a) where the preparation of the notice, or the filing or service (as the case may be) of the notice would cause undue delay or other mischief to the applicant; or

(b) where each other party interested consents to the order; or
(c) where the Court dispenses with the requirements of subrule (1).

(3) The notice of motion shall:

(a) state the date and time when, and the place where, the motion is to be made; and

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(b) where the Court makes an order under Rule 3, bear a note of the order made; and

(c) state concisely the nature of the order which is sought; and
(d) name each party affected by the order which is sought.

(4) Costs need not be specifically claimed.

Time for service of notice

3. Where a notice of motion is required to be served, it shall, unless the Court otherwise orders, be served not less than 3 days before the date fixed for the motion.

Service

4. Where a notice of motion is to be served on a person who has not entered an appearance and the time for entering an appearance has not expired, the notice shall be served personally.

Absence of party

5. The Court may hear and dispose of a motion in the absence of any

party:

(a)	where service or notice of the motion on the absent party is not required by these Rules or by an order; or
(b)	where the notice of motion has been duly served on the absent party.

Notice of adjournment

6. Where a notice of motion has been served for any date or the hearing of a motion has been adjourned to any date and, before that date, any party files a request, bearing the consent of each other party to the motion, for an adjournment in accordance with this Rule, the hearing of the motion shall stand adjourned to the date specified in the notice or to such later date as the Court may appoint.

Further hearing

7. (1) Where a notice of a motion for any day has been filed and served, and the motion is not disposed of on that day:

(a) the Court may hear and dispose of the motion on any later date fixed by the Court; and

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(b) subject to subrule (2), filing or service of a further notice of motion shall not be required.

(2) Subrule (1) (b) shall not have effect:

(a)	where the Court directs the filing or service of a further notice of motion; or
(b)	where service is required on a party on whom notice of the motion has not previously been served.

PART 6—REFERENCES

Reference by single member to the Full Court

1. A reference of any question of law in a proceeding before a Judge of the Court sitting alone to the Full Court pursuant to section 297 (2) (c) shall be in form 13.

Reference by Registrar to Court

2. (1) The Registrar may refer any matter or question before the Registrar to the Court.

(2) The reference by the Registrar to the Court shall be in form 14.

Reference of question of interpretation of an award

3. A reference of any question of the interpretation, application or operation of an award or agreement pursuant to section 198 shall be in form 15.

Reference by Industrial Relations Commission or Industrial
Registrar

4. A reference by the Industrial Relations Commission of New South Wales or the Industrial Registrar to the Court shall be in form 16.

Service of documents following reference

5. (1) Upon any reference to the Court, the applicant, or such other party as the Registrar directs, shall serve upon the other parties before the Court a copy of:

(a) the reference; and

(b) the transcript of proceedings from which the question or matter has been referred; and

(c) the appointment for hearing.

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(2) An affidavit of service shall be filed by the applicant promptly after service of the documents has been effected.

PART 7—APPEALS Division 1—General

Appeal to Court

1. (1) An appeal to the Court under the Act or any other Act shall be made in form 17 (where leave is not required) or 18 (where leave is required).

(2) An appeal shall be made within 28 days (or such further time as the Court allows, before or after the expiration of that period) after the date of the decision appealed against.

(3) An application to extend the time to appeal shall be in form 19 and may be included in the appeal.

Appeal to Full Court 2. (1) An appeal from a decision of the Court to the Full Court shall be

in form 17 or 18, as the case may require.
(2) An appeal shall be made within 28 days (or such further time as the Court allows, before or after the expiration of that period) after the date of the decision appealed against.

(3) An application to extend the time to appeal may be included in the

appeal.

Application for stay of proceedings

3. Where it is intended to seek a stay of the whole or part of the decision of the Court pending the determination of the appeal, the appeal shall include an application to that effect.

Respondents

4. Each of the parties (other than the appellant) appearing or represented in the proceedings under appeal shall be joined as respondents to the appeal.

Service of appeal

5. (1) Upon lodging an appeal, the appellant shall serve a copy of the appeal promptly on the parties to the proceedings in which the decision under appeal was given or made.

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(2) An affidavit of service in form 4 shall be filed by the appellant promptly after service of the appeal has been effected.

Interlocutory decisions

6. Any decision made in any proceedings before the Court prior to a final decision in those proceedings shall be taken for the purposes of appeal to have been made on the same day as the final decision.

Appeal book

7. (1) The appellant shall, within 28 days after the filing of an appeal, file an appeal book consisting of

(a)	the application and any documents subsequently filed in the proceedings; and
(b)	the transcript of the proceedings (including the exhibits) before the court or tribunal from which the appeal is brought; and

(c) the decision appealed against,

and shall promptly serve a copy of the appeal book on each respondent.

Exercise of powers of Full Court

8. Reference by the Full Court in connection with the exercise of its functions in relation to a particular matter to a member of the Court sitting alone shall be in form 20.

Division 2—Stated Case

Stated case 9. (1) An application to state and sign a case for the opinion of the

Court pursuant to section 741 must be in form 21.

(2) The time for applying for a case to be stated is 28 days after the making of the relevant decision, or such further time as the Registrar may allow.

(3) Written notice of the application must be given by the applicant to the respondents by serving a copy of the application upon each respondent.

(4) The time for giving the respondent such a notice is within 3 days after the application is made.

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Appellant not required to enter recognizance to prosecute appeal

10. The requirement for a person to enter into a recognizance pursuant
to section 102 of the Justices Act 1902 does not apply to a person who

makes application for a case to be stated for the opinion of the Court.

Form of stated case

11. (1) A stated case must be in form 22.
(2) The stated case must:

(a) be divided into paragraphs and numbered consecutively; and

(b) state concisely the facts and documents necessary to enable the Court to decide the questions arising or otherwise to hear and determine the proceedings on the stated case; and

(c) state the questions and matters to be decided or determined.

Draft case to be prepared

12. (1) Within 28 days after filing the application to state and sign a
case (or such further time as the Registrar may allow) the applicant must
file in the Registry a draft case and serve a copy on each respondent.

(2) A copy of any record of evidence need not be annexed to the draft

case.

(3) The applicant may, without leave, state in the draft case grounds on which it is contended that the determination was erroneous in point of law other than the grounds stated in the application to state and sign a case.

Draft case to be forwarded to magistrate

13. (1) The Registrar is required to forward the draft case, when filed, to the magistrate concerned, who is to appoint in writing a time and place at which the draft case is to be settled.

(2) A respondent who wishes to object to the draft case must, before the date appointed to settle it, give notice of the objection in writing to the applicant and to the magistrate.

Settlement of draft case

14. (1) The magistrate is required to notify the applicant in writing when the draft case has been settled.

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(2) Within 14 days after being notified that the draft case has been settled, the applicant is to obtain it and prepare and file the case for signature by the magistrate.

(3) The applicant may apply in writing to the magistrate to dispense with the copying of evidence which is irrelevant to the stated case.

Magistrate to sign stated case
15. (1) When the magistrate has signed the case the magistrate is to notify the applicant that the case has been signed.

(2) The proceeding before the Court is to be commenced by the applicant filing the case in the Registry within 7 days after being notified that the case has been signed.

(3) Unless otherwise ordered by the Registrar or the Court, no copies of the case need be filed.

Service of copies of case

16. The applicant must promptly serve a copy of the case (including the record of evidence) upon each of the respondents.

Further powers of Chief Industrial Magistrate

17. For the purpose of stating a case for the Court, the Chief Industrial Magistrate is the prescribed person referred to in section 104A of the Justices Act 1902.

PART 8—PARTICULARS

General 1. (1) A party filing any process shall give the necessary particulars of

any claim or other matter raised by that party in such process.

(2) Rules 2 to 6 do not affect the generality of subrule (1).

Interest

2. (1) Subject to subrule (2), Rule 1 (1) does not require a party to give particulars of a claim for an order for interest under section 157 of the Act.

(2) Where a party making application for orders under Part 10 of
Chapter 3 of the Act, claims, as part of that relief, an order for or which

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includes, interest, particulars shall be given of the rates at which, the

amounts on which and the periods for which, interest is claimed.

Fraud, etc.

3. A party shall give particulars of any fraud, misrepresentation, breach of trust, wilful default or undue influence on which the party relies.

Condition of mind

4. (1) A party pleading any condition of mind shall give particulars of the facts on which that party relies.

(2) In subrule (1) “condition of mind” includes any disorder or disability of mind, any malice and any fraudulent intention, but does not include knowledge.

Out of pocket expenses

5. A party who claims moneys which have been paid or which the party is liable to pay shall give particulars of those moneys.

Damages

6. A party who claims damages shall give particulars of the facts and matters relied upon to establish that claim.

Manner of giving particulars

7. Where any of Rules 1 to 6 require particulars to be given, the particulars shall be set out in the process or in a separate document referred to in the process and that document shall be filed and served with the process.

Order for particulars 8. (1) The Court may, on terms, order a party to file and serve on any

other party:

(a) further particulars of any claim or other matter stated in any process, or in any affidavit filed by that party; or

(b) a statement of the nature of the case on which the party relies; or (c) where the party claims damages, particulars of those damages.

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(2) Without limiting the generality of subrule (1), where a party alleges as a fact that a person had knowledge or notice of some fact, matter or thing, the Court may, on terms, order that party to file and serve on any other party:

(a) where knowledge is alleged, particulars of the facts on which the party relies: and

(b) where notice is alleged, particulars of that notice.

PART 9—AFFIDAVITS

Time for swearing

1. An affidavit for use in any proceedings may be sworn before or after the commencement of the proceedings.

Form

2. (1) An affidavit shall be in form 23 and be made in the first person. (2) The body of an affidavit shall be divided into paragraphs numbered

consecutively, each paragraph being as far as possible confined to a
distinct portion of the subject.

(3) Where it appears to the person before whom an affidavit is sworn that the deponent is illiterate or blind, that person must certify in or below the jurat that:

(a) the affidavit was read in that person’s presence to the deponent; and

(b) the deponent seemed to understand the affidavit.
(4) Where an affidavit is made by an illiterate or blind deponent and a

certificate in accordance with subrule (3) does not appear on the affidavit, the affidavit may not be used unless the Court is satisfied that the affidavit was read to the deponent and that the deponent seemed to understand it.

Alterations

3. (1) Where there is any interlineation, erasure or other alteration in the jurat or body of an affidavit, the affidavit may not be used without the leave of the Court unless the person before whom the affidavit is sworn initials the alteration and, in the case of an erasure, re-writes in the margin of the affidavit any word or figures written in place of the erasure and signs or initials them.

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(2) Subrule (1) applies to an account or other document verified by affidavit as if the account or document were part of the affidavit.

Annexures and exhibits

4. (1) A document to be used in conjunction with an affidavit shall, where convenient, be annexed to the affidavit.

(2) Where annexure is inconvenient, the document may be made an exhibit to the affidavit.

(3) An exhibit to an affidavit must be identified by a certificate entitled in the same manner as the affidavit and signed by the person before whom the affidavit is sworn.

Numbering and fastening of pages

5. The pages of an affidavit or an affidavit with an annexure shall:
(a) be consecutively numbered in the top right hand corner; and

(b) be securely fastened on the left hand side or corner.

Irregularity

6. An affidavit may, with the leave of the Court, be used notwithstanding any irregularity in form.

Handing up affidavits

7. (1) An affidavit, unless otherwise required by or under an Act or by an order of the Court, may be filed in the Registry or may be handed up in the course of proceedings.

(2) An affidavit which has been served shall, before it is filed or handed up, bear a note of the time, place and manner of service.

Service

8. A party intending to use an affidavit shall serve it on each other interested party not later than a reasonable time before the occasion for using it arises.

Scandal, etc.

9. Where there is scandalous, irrelevant or otherwise oppressive matter in an affidavit, the Court may order that:

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(a) the matter be struck out; or

(b) the affidavit be taken off the file.

Cross-examination

10. (1) A party may require the attendance for cross-examination of a person making an affidavit.

(2) A requirement under subrule (1) shall be made to the party serving or proposing to use the affidavit.

(3) Where the attendance of a person is required under subrule (1), the affidavit may not be used unless the person attends or is dead or the Court grants leave to use it.

(4) Where a person making an affidavit is cross-examined, the party using the affidavit may re-examine that person.

PART 10—SERVICE AND NOTICE OF HEARING

Service of process by parties

1. (1) Except as otherwise provided by these Rules or unless the Registrar otherwise directs, service of all process shall be effected by the parties.
(2) Service of a summons to show cause shall be in accordance with Rule 2 (a) or (b), 3 (a), (b) or (c), 4 (2) (a), (b) or (c) or 5 (1) or (2), as the case may require.

(3) Except as otherwise provided by this Part or unless the Court has given a direction with regard to service, process other than a subpoena shall be served as specified in this Part.

Service upon individuals

2. Service of process upon any natural person shall be effected:

(a) by leaving any document to be served with the person; or

(b)	if any document to be served is not accepted, by putting the document down in the presence of the person to be served and indicating its nature; or
(c)	by leaving any document with any other person apparently above the age of 14 years at the residence or usual place of business of the person; or
(d)	by posting any document to the person, or leaving it, at the address for service filed by the person; or

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(e) where any person has not filed an address for service, by posting any document to the person at the residence or usual place of business of that person.

Service upon corporations other than industrial organisations 3. Service of process upon a corporation other than an organisation

incorporated under the Act shall be effected:

(a)	by leaving any document with the secretary or other principal officer of the corporation; or
(b)	by tendering any document to that secretary or principal officer after indicating its nature; or
(c)	by leaving any document with a person at the registered office of the corporation; or
(d)	where the corporation has filed an address for service, by posting any document to that secretary or principal officer at that address or by leaving it at that address; or
(e)	where the corporation has not filed an address for service, by posting any document to that secretary or principal officer at the registered office of the corporation; or
(f)	where provision is made by any other Act for the service of a document on the corporation concerned, by serving a copy of any document in accordance with that provision.

Service upon organisations

4. (1) In this Rule, “organisation” means any industrial or non-industrial organisation registered or recognised under the Act, any association registered under Chapter 6 of the Act, and any State Peak Council.

(2) Service of process upon an organisation shall be effected:

(a)	by leaving any document with the secretary or principal officer of the organisation; or
(b)	by tendering any document to that secretary or principal officer after indicating its nature; or
(c)	by leaving any document with a person at the registered office of the organisation; or
(d)	where the organisation has filed an address for service, by posting any document to that secretary at that address or by leaving it at that address; or

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(e) where the organisation has not filed an address for service, by posting any document to that secretary or principal officer at the registered office of the organisation.

Service on solicitors or agents

5. (1) Where a party is represented by a solicitor or agent, any process other than the originating process may be served upon the solicitor or agent at the solicitor’s or agent’s office or at the solicitor’s or agent’s document exchange box provided by the Australian Document Exchange Pty Limited.

(2) Where a solicitor or agent makes a note on a copy of an originating process that service is accepted on behalf of any person, the document shall be taken to have been duly served on that person on the date on which the solicitor or agent makes the note or such earlier date of service as may be proved.

(3) The term solicitor in this Rule includes the solicitor’s agent.

Time of service

6. (1) Every originating process, together with any accompanying affidavits, shall be served upon the person thereby notified or summoned to appear promptly and at least 3 days before the day on which the matter is to be dealt with unless the Court gives leave for a shorter period of service.

(2) Any affidavit in answer to a served document may be filed and shall, unless otherwise directed by the Court, be served as soon as practicable but not later than the day preceding the hearing.

Substituted service

7. (1) Where personal or other service of any process is required by these Rules or otherwise and it is made to appear to the Registrar that such service cannot conveniently be effected, the Registrar may make such order for substituted or other service, or for the substitution of notice by letter, facsimile message, other electronic means, public advertisement or otherwise, as may seem just.

(2) Such notice shall contain such particulars as the Registrar directs. (3) The Registrar, in making an order under this Rule, may order that

the documents be taken to have been served on the happening of any
specified event or on the expiry of any specified period.

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Service out of the State

8. (1) Service outside the State is to be as nearly as practicable in accordance with Part 10 of the Supreme Court Rules.

(2) Leave to serve or confirmation of service may be given by the

Court.

Appointment for hearing

9. (1) Following the appointment of a date, time and place for the mention or hearing of any originating process before the Court, notice of appointment in form 24 shall be promptly given to the applicant by the Registrar.

(2) Unless the appointed date, time and place are stated in the originating process, the applicant shall cause the notice of appointment to be served upon the other parties promptly and at least within the time specified in Part 10 Rule 6.

(3) Where the date, time and place have been appointed before the originating process has been served upon a party, the notice of appointment may be endorsed on the originating process.

(4) The appointed date, time and place may be altered by notice given in accordance with Rule 10.

Notice of hearing

10. (1) Notice of the time and place for the mention or hearing of any matter (or any alteration of that time or place) may be given by the Court, or the Registrar to the persons concerned, or their representatives, orally or by telephone, facsimile message or other electronic means.

(2) A person to whom notice has been given under subrule (1) shall be liable to attend or be represented at the mention or hearing of the matter as if summoned to appear.

PART 11—APPEARANCE

Appearance by solicitor, agent or in person

1. (1) Subject to section 304, a respondent may enter an appearance and may defend proceedings by a solicitor or agent or in person.

(2) Notwithstanding subrule (1), but subject to any Act, a corporation
(other than a corporation registered under the Act or a solicitor

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corporation) may not enter an appearance or defend any proceedings

except by a solicitor without the leave of the Court.

No step without appearance

2. Subject to these Rules, a person shall not, except by leave of the
Court, take any step in any proceedings unless, before taking the step,
that person has filed originating process or has entered an appearance.

Mode of entry 3. (1) An appearance in any proceedings shall be entered by filing a

notice of appearance in form 25.

(2) Two or more persons entering an appearance by the same solicitor on the same day may do so by a single notice of appearance.

Notice of appearance 4. (1) A notice of appearance shall show:

(a)	the name, address, telephone number and facsimile number (if any) of the person entering the appearance; and
(b)	where the person entering the appearance appears by a solicitor, the name, address, telephone number and facsimile number (if any) of the solicitor; and
(c)	where the person entering the appearance appears by a solicitor and that solicitor has another solicitor as agent in the proceedings, the name, address, telephone number and facsimile number (if any) of the agent; and

(d) an address for service.

(2) Where any address shown in a notice of appearance is not genuine,

the applicant may, with the leave of the Court, continue the proceedings

as if the appearance had not been entered.

(3) A respondent who wishes to take no active part in proceedings

may:

(a) include in the respondent’s appearance a statement that the respondent submits to the making of orders and the giving or entry of judgment in respect of all claims made; and

(b) add to the statement “, save as to costs”.

(4) A respondent who has filed an appearance containing a statement

referred to in subrule (3):

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(a)	shall not, except with the leave of the Court, file any process or affidavit or take any other step in the proceedings; and
(b)	may at any time, by leave of the Court, file any process or affidavit and take any other step in the proceedings upon such terms and conditions as may be imposed by the Court.

Copies and service

5. (1) A respondent may, when filing a notice of appearance, tender a sufficient number of copies for service on the applicant, on each other party of whose address for service the respondent has notice and, if the respondent wishes, on the respondent, and request that the copies be dealt with in accordance with subrule (3).

(2) A respondent may, when filing a notice of appearance under Part 2 Rule 3 send a sufficient number of copies for service on the applicant, on each other party of whose address for service the respondent has notice and, if the respondent wishes, on the respondent, and request that the copies be dealt with in accordance with subrule (3).

(3) Where a notice of appearance is received in the Registry together with 1 or 2 copies and a request that the copies be dealt with in accordance with this subrule:

(a)	the copies shall be marked by an officer with the date of acceptance of the notice of appearance;
(b)	a copy shall be used by an officer for the purpose of serving the notice on the applicant;
(c)	each other copy (if any) shall be used by an officer for the purpose of serving the notice on each other party who has an address for service in the proceedings and, if there is sufficient number of copies, on the respondent,

(4) Unless a copy of a notice of appearance is tendered with a request that it be dealt with in accordance with subrule (3) (b), the respondent shall, on the date of entry of appearance, serve the notice of appearance on the applicant and on each other party of whose address for service the respondent has notice.

Time for an appearance

6. (1) A respondent shall enter an appearance before filing any document and within 7 days of service of any originating process on that respondent.

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(2) Notwithstanding subrule (1), where a matter is commenced by way
of notice of motion a respondent shall enter an appearance before the date

appointed for any hearing or mention and before filing any document.

Late appearance

7. (1) A respondent may enter an appearance at any time without

leave.

(2) A respondent entering an appearance after the time limited for appearing shall not, unless the Court otherwise orders, be entitled to file any process by way of defence or do any other thing later than if an appearance had been entered within that time.

Conditional appearance

8. (1) A respondent may enter a conditional appearance.
(2) A conditional appearance shall have effect for all purposes as an

unconditional appearance, unless the Court otherwise orders or the respondent applies under and in accordance with Rule 9 and the Court makes an order under that Rule.

Setting aside originating process etc.

9. (1) The Court may, on notice of motion filed by a respondent in accordance with subrule (2), by order:

(a) set aside the originating process; or

(b)	set aside the service of the originating process on the respondent; or
(c)	declare that the originating process has not been duly served on the respondent; or
(d)	discharge any order giving leave to serve the originating process outside the State or confirming service of the originating process outside the State; or
(e)	discharge any order extending the validity for service of the originating process; or
(f)	protect or release property seized, or threatened with seizure, in the proceedings: or
(g)	declare that the Court has no jurisdiction over the respondent in respect of the subject matter of the proceedings; or
(h)	decline in its discretion to exercise its jurisdiction in the proceedings; or

(i) grant such other relief as it thinks appropriate.

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(2) Notice of motion under subrule (1) may be filed by a respondent before that respondent enters an appearance or within 14 days after the date of filing of a conditional appearance.

(3) The notice of motion shall bear a statement that “The respondent’s address for service is” and state the address.

(4) The making of an application under subrule (1) shall not be treated as a voluntary submission to the jurisdiction of the Court.

PART 12—DOCUMENTS

First page of documents in proceedings before Court

1. (1) The first page of a document prepared by a party for use in Court shall be set out in form 26.

(2) Documents in any proceedings before the Court shall be headed “Before the Industrial Court of New South Wales” and shall show the serial number of the proceedings.

(3) A document in any proceedings in relation to an award shall be entitled with “Re” together with the name of the award, the name of the applicant and an abridged statement of the nature of the proceedings.

(4) A document in any proceedings between parties shall be entitled between the parties who shall be described as applicant or appellant and respondent or as the case may be, together with an abridged statement of the nature of the proceedings.

(5) A document in any proceedings in which there is no other party and which does not relate to an award shall be entitled “The application of” together with the name of the applicant and an abridged statement of the nature of the proceedings.

(6) A document in proceedings which are initiated by the Court shall be entitled as directed by the Court, or in the absence of such a direction, as directed by the Registrar.

(7) Except in the case of an originating process or a document to be served on a person who is not a party to the proceedings, a document may bear an abbreviation of the title of the proceedings sufficient to identify the proceedings.

(8) The Registrar may add to the title of any document, filed or lodged in any proceedings before the Court, any matter which the Registrar requires to add for the purpose of clarification.

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Address for service to be included

2. (1) At the foot of the left hand side of the first page of a document prepared by a party for use in the Court there shall be shown the name, address, telephone number and facsimile number (if any) of any solicitor or agent for the party and, where the address for service of the party is the office of a solicitor or an agent who has an exchange box in a document exchange of Australian Document Exchange Pty Limited, the number of that box.

(2) Subrule (1) does not apply where the party preparing a document is not represented by a solicitor or an agent but the document shall show at the foot of the left hand side of the first page of the document the name, address, telephone number and facsimile number (if any) for service of the party.

(3) The address shown on the document shall be the address for service of the party lodging the document until notice of change of address is given.

(4) The term solicitor in this Rule includes the solicitor’s agent.

Signing documents

3. All process filed by a party shall be signed in form 27 by or on behalf of that party or by that party’s solicitor or agent unless otherwise indicated or required.

Paper and writing

4. (1) This Rule applies to a document prepared by a party for use in the Court, except to the extent that the nature of the document renders compliance impracticable.

(2) A document shall be on paper of durable quality, capable of receiving ink writing, and measuring about 297 millimetres long and 210 millimetres wide.

(3) The writing on a document shall be on one face of the paper only and a margin of not less than 25 millimetres shall be kept clear on the left hand side.

(4) There shall be a space of not less than 3 millimetres between the lines of writing.

(5) The writing shall be clear, sharp, legible and permanent.
(6) A carbon copy shall not be sufficient.

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(7) A document shall not be filed if it bears any blotting, erasure, or such other alteration as to cause material disfigurement.

Numbers

5. Dates, sums and other numbers shall be expressed in figures and not in words.

Scandal, etc.

6. The Court may order to be struck out of any document any matter which is scandalous, frivolous, vexatious, irrelevant or otherwise oppressive.

Copies of documents to be filed

7. In relation to all proceedings before the Court, all documents filed shall be accompanied by such number of copies as the Registrar specifies or subsequently directs.

PART 13—GENERAL PROCEDURE

General powers

1. The Court may in relation to any proceedings before it:

(a) hear and determine the proceedings in the absence of a party who has been summoned or given notice to appear; or

(b) sit at any place; or

(c) refer any matter to an expert and receive the report of the expert as evidence; or

(d) direct parties to be joined or struck out; or

(e)	allow the amendment, for such purposes and on such terms as it thinks fit, of any proceedings; or
(f)	correct, amend or waive any error, defect or irregularity, whether in substance or in form; or
(g)	determine the periods which are reasonably necessary for the fair and adequate presentation of the respective cases of the parties before it and may require that those cases be presented within the periods so determined.

Directions generally

2. (1) The Court may generally give all such directions and do all such
things as in its opinion will enable expense or delay to be reduced and

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will help to achieve a prompt hearing of the matters at issue between the parties and will contribute to the expeditious conduct of the proceedings and the just determination of the matter or dispute and the equitable disposal of proceedings.

(2) Without limiting the generality of subrule (1), the Court may:

(a)	make orders for the purpose of defining the matters in dispute and the issues to be decided; or
(b)	direct the mode in which issues may be proved, including whether the presentation of the whole or any part of the evidence may be in writing or by affidavit or orally; or
(c)	give directions with regard to the mode of proof of any matter or thing, the production of documents and the making of admissions (subject to all just exceptions) with respect to any document or to any question of fact; or
(d)	dispense with the formal proof of any matter which is not genuinely in dispute or where such proof would cause expense or delay which is not warranted in the circumstances, and in particular dispense with proof of handwriting, documents or authority.

(3) The Court may exercise its powers under this Rule at any time after the commencement of the proceedings and on its own motion or on the application of any party.

Directions where procedure wanting or in doubt

3. (1) Where any person desires to commence proceedings or to take any steps in a particular case before the Court and:

(a)	the provisions of the Act and these Rules do not make any or adequate provision for a procedure to be followed and there is no established practice or usage of the Court; or
(b)	a difficulty arises or doubt exists as to the procedure to be followed,

the Court may give directions or make such orders with respect to the

procedure to be followed as it considers necessary.

(2) Directions may be given or orders may be made by the Court:

(a) on its own initiative; or

(b) on application by notice of motion by a party seeking such directions or orders.

(3) Such application may be made ex parte, but shall be served on such persons as the Court directs.

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(4) Such directions and orders are to be directed to providing a just, speedy and inexpensive determination of proceedings.

(5) Proceedings commenced in accordance with such directions or orders are to be taken to be well commenced.

(6) Steps taken in accordance with such directions or orders are to be taken to be regular and sufficient.

Production of document on notice

4. Where a party to any proceedings serves on another party a notice in form 28 requiring the party served to produce at any proceedings a document or thing for the purpose of evidence and that document or thing is in the possession, custody or power to produce of the party served, the party shall, unless the Court otherwise orders, produce the document or thing in accordance with the notice without the need for any subpoena for production.

Exhibits

5. (1) Where a matter before the Court has been completed, the Registrar shall retain any exhibit until after the expiration of the appeal period.

(2) Where a notice of appeal has not been filed within the permitted time, the Registrar may, on the Registrar’s initiative or upon written application, return any exhibit to the person who tendered it or to any person who proves, to the Registrar’s satisfaction, an entitlement to the exhibit, subject to an obligation to return the exhibit if required.

(3) Any exhibit may be taken out by leave or order of the Court or of the Chief Judge, subject to an undertaking to return the exhibit if required.

Want of prosecution

6. Where any party has not done any act required to be done by or under the Act or any other Act or otherwise has not pursued the proceedings with due diligence, the Court may:

(a) order that the application be dismissed for want of prosecution; or

(b) fix a definite time for the doing of the act and at the same time order that upon non-compliance the application shall stand dismissed for want of prosecution or subsequently, in the event of non-compliance, order that it be dismissed; or

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(c) make such further or other order as in the circumstances may seem just.

Power to waive requirements and extend time

7. (1) Application to waive, pursuant to section 309, strict compliance with any procedural requirement of these Rules or any other requirement under the Act or to exempt any party from compliance with any such Rule either before or after the occasion for compliance arises, may be made by notice of motion or orally in the course of the proceedings and if made separately shall, unless the Court otherwise directs, be supported by affidavit.

(2) The Registrar may modify or waive any requirement, or extend any time for the lodging of any document or the doing of any act (whether or not the time has expired) set out in these Rules, on such terms as the Registrar thinks fit.

Practice notes

8. (1) Where:

(a)	the provisions of the Act, the Regulations and the Rules do not make any or adequate provision for a procedure to be followed and there is no established practice or usage of the Court;
(b)	a difficulty arises or doubt exists as to the procedure to be followed; or
(c)	the Court desires to change any established practice, procedure or usage,

the Chief Judge may, by practice note, determine or change the practice,
procedure or usage.

(2) Such practice note is to be signed by the Chief Judge and published in the Industrial Gazette.

(3) Practice notes are to be directed to providing a just, speedy and inexpensive determination of proceedings.

(4) A practice note becomes effective 14 days after publication in the Industrial Gazette or such later date as the practice note directs.

Supplementary practice before Court

9. Where:
(a) there are no relevant provisions; and
(b) there is no established practice, procedure or usage; and

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(c) there is no order, direction or practice note in force,

the practice, procedure or usage for the time being of the Supreme Court or, in the case of appeals, the practice, procedure or usage for the time being of the Court of Appeal is, as far as practicable, to regulate the practice, procedure or usage of the Court.

PART 14—DISCOVERY AND INSPECTION OF DOCUMENTS

Division 1—Discovery

Notice for discovery

1. (1) Subject to these Rules and to any direction given in a particular case, any party may, prior to the commencement of the hearing of the matter, by notice for discovery in form 29 served on any other of those parties, require the party served to give discovery of documents, with or without verification.

(2) A party may require another party to give discovery with verification notwithstanding that the party has previously required that other party to give discovery without verification.

Discovery on notice

2. (1) A party required under Rule 1 to give discovery shall, subject to Rule 3, give discovery within such time (not being less than 14 days after service of the notice for discovery) as may be specified in the notice for discovery.

(2) A party required under Rule 1 to give discovery without verification shall, subject to Rule 3, give discovery by serving on the party giving the notice for discovery a list in accordance with Rule 6 of documents relating to any matter in question between that other party and the party giving the notice for discovery.

(3) A party required under Rule 1 to give discovery with verification shall, subject to Rule 3, give discovery by serving on the party giving the notice for discovery:

(a) an affidavit verifying such a list as is mentioned in Rule 6; and

(b) the list so verified, unless the list has already been served on that party.

(4) Where a claim is made against a party:

(a) for the recovery of any penalty recoverable by virtue of any Act or Commonwealth Act; or

(b) for the enforcement of a forfeiture,

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that party need not include in a list of documents under this Rule any

document relating only to a matter in question on that claim.

Limitation of discovery on notice

3. (1) The Court may, before or after any party has been required under Rule 1 to give discovery, order that discovery under Rule 2 by any party shall not be required or shall be limited to such documents or classes of documents, or to such of the matters in question in the proceedings, as may be specified in the order.

(2) The Court shall, on application, make such orders under subrule (1) as are necessary to prevent unnecessary discovery.

Co-respondents

4. Where an applicant claims relief against 2 or more respondents, and requires any respondent to give discovery under Rule 2, that respondent shall serve the list of documents and affidavit (if any) not only on the applicant but also on each other respondent.

Order for general discovery 5. The Court may, at any stage of any proceedings, from time to time,

order any party to serve on any other party:

(a) a list in accordance with Rule 6 of documents relating to any matter in question in the proceedings; or

(b) a list as mentioned in paragraph (a), verified by affidavit.

Contents of list

6. (1) A list of documents required by or under this Part shall, unless
the Court otherwise orders, conform to the requirements of this Rule.

(2) A list of documents shall enumerate the documents which are or have been in the possession, custody or power of the party making the list.

(3) A list of documents shall be in form 30 and shall enumerate the documents in a convenient sequence and as shortly as possible, but shall describe each document or, in the case of a group of documents of the same nature, shall describe the group, sufficiently to enable the document or group to be identified.
(4) Where a party making a list of documents claims that any
document in the possession, custody or power of that party is privileged

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from production, the grounds of the privilege shall be sufficiently stated
in the list.

(5) A list of documents shall distinguish those documents which are in the possession, custody or power of the party making the list from those that have been but are not in the possession, custody or power of that party.

(6) A list of documents shall, as to any document which has been but is not then in the possession, custody or power of the party making the list, state when the party parted with the document and what has become of it.

(7) A list of documents shall appoint a time within 7 days after service of the list when, and a place where, the documents in the list may be inspected.

(8) Where a party making a list of documents has a solicitor in the proceedings, the solicitor shall certify on the list that the solicitor has explained:

(a) where the list is unverified, to the person instructing the solicitor; or

(b) where the list is verified, to the deponent,

the requirements for disclosure to the solicitor of any document which relates to the matter in question in the proceedings and which is or has been in the party’s possession, custody or power.

(9) Where the solicitor for a party is a solicitor corporation, the certificate and explanation required by subrule (8) shall be given to the person instructing the corporation by a director of the corporation or by an officer or employee of the corporation who is a solicitor.

Absence of privilege

7. (1) Except with the leave of the Court, a party to any proceedings in the Court may not claim privilege from production of any document on the ground that it relates solely to and does not tend to impeach the party’s own case and does not relate to or tend to support the case of any opposing party.

(2) Leave under subrule (1) shall not be granted except for special

cause.

(3) Any application to the Court for leave under subrule (1) may be made without serving notice of the motion.

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Order for particular discovery

8. Where, at any stage of the proceedings, it appears to the Court from evidence or from the nature or circumstances of the case or from any document filed or served in the proceedings that there are grounds for a belief that some document or class of document relating to any matter in question in the proceedings may be or may have been in the possession, custody or power of a party, the Court may order that party:

(a) to make an affidavit stating whether that document or any document of that class is or has been in the possession, custody or power of that party and, if it has been but is not then in the possession, custody or power of that party, when that party parted with it and what has become of it; and

(b) to serve the affidavit on any other party.

Deponent

9. (1) Subject to subrule (2), an affidavit verifying a list of documents of a party or an affidavit to be made by a party pursuant to an order under Rule 8 may be made as follows:

(a) by the party;

(b) where the party is a disabled person, by the tutor of that party;

(c)	where the party is a corporation (other than an industrial organisation registered or recognised under the Act), by a member or officer of the corporation;
(d)	where the party is a body of persons lawfully suing or being sued in the name of the body or in the name of any officer or other person, by a member or officer of the body;
(e)	where the party is the Crown, an officer of the Crown suing or sued in the officer’s official capacity, by an officer of the Crown;
(f)	where the party is an organisation registered or recognised under the Act, by an officer of the organisation.

(2) Where the party is a person to whom any of paragraphs (c), (d), (e) and (f) of subrule (1) applies and the affidavit is to be made and served pursuant to an order, the Court may:

(a) specify by name or otherwise the person to make the affidavit; or

(b) specify by description or otherwise the persons from whom the party may choose the person to make the affidavit.

(3) Subject to subrule (2), where the party is a person to whom any of paragraphs (c), (d), (e) and (f) of subrule (1) applies, the party shall choose a person to make the affidavit who is qualified under the relevant paragraph and has knowledge of the facts.

1992—No. 137

Division 2—Inspection
Document referred to in process or affidavit

10. (1) Where any process or affidavit filed or served by a party refers to a document, any other party may, by notice to produce served on that party, require the production of the document for inspection.

(2) A party served with a notice under subrule (1), shall, within 4 days after that service, serve on the party requiring production a notice:

(a)	appointing a time within 7 days after service of the notice under this subrule when, and a place where, the document may be inspected;
(b)	claiming that the document is privileged from production and sufficiently stating the grounds of the privilege; or
(c)	stating that the document is not in the possession, custody or power of that party and stating to the best of the knowledge, information and belief of that party where the document is and in whose possession, custody or power it is.

Order for production

11. (1) Where:

(a)	it appears from a list of documents served by a party under this Part that any document is in the possession, custody or power of a party; or
(b)	any process or affidavit filed or served by a party refers to any document; or
(c)	it appears to the Court from evidence or from the nature or circumstances of the case or from any document filed or served in the proceedings that there are grounds for a belief that any document relating to any matter in question in the proceedings is in the possession, custody or power of a party,

the Court may, unless the document is privileged from production, order

the party:

(d)	to produce the document for inspection by any other party at a time and place specified in the order; or
(e)	to serve on any other party a copy of the whole or any part of the document, with or without an affidavit verifying the copy made by a person who has examined the document and the copy.

(2) An affidavit made pursuant to an order under subrule (1) (e) shall, unless the Court otherwise orders, state whether there are in the document copied any and, if so, what erasures, interlineations or alterations.

1992—No. 137

Power to take copies 12. A party to whom a document is produced for inspection under this

Part may make copies of the document.

Production to the Court

13. (1) The Court may, at any stage of any proceedings, order any
party to produce to the Court any document in the possession, custody or
power of that party relating to any matter in question in the proceedings.

(2) Upon production of a document to the Court pursuant to an order under subrule (1), the Court may deal with the document in such manner as the Court thinks fit.

Inspection to decide objection

14. Where an application is made for an order under Rule 11 for the production of any document for inspection by another party or for an order under Rule 13 for the production of any document to the Court and a claim is made that the document is privileged from production or an objection to production is made on any other ground, the Court may inspect the document for the purpose of deciding the validity of the claim or objection.

Division 3—Interrogatories

Interrogatories only with leave

15. (1) A party, with leave of the Court, before a matter has been set down for hearing, may serve on any of the other parties a notice in form 31 requiring the party to answer separate specified interrogatories relating to any matter in question between the interrogating party and the party served.

(2) An application for leave of the Court shall be by notice of motion and, unless the Court otherwise directs, shall be made ex parte and may be dealt with in chambers.

(3) The administration of interrogatories and the practice and procedure relating to them shall be nearly as possible that applicable under Part 24 of the Supreme Court Rules 1970.

1992—No. 137

Division 4—General

Order only if necessary

16. The Court shall not make an order under this Part for the filing or service of any list of documents or affidavit or other document or for the production of any document or the answering of any interrogatories unless satisfied that the order will contribute to the expeditious conduct of the proceedings and the just determination of the matter or dispute and the equitable disposal of the proceedings.

Default

17. (1) Where a party makes default in serving a list of documents or affidavit or other document or in producing any document or in answering any interrogatories as required by or under this Part, the Court may give or make such judgment or such order as it thinks fit, including:

(a)	if the party in default is an applicant, an order that the proceedings be stayed or dismissed as to the whole or any part of the relief claimed; or
(b)	if the party in default is a respondent, an order giving judgment for the applicant; or

(c) orders as to costs.

(2) Where a party has a solicitor:

(a)	an order under any of the foregoing Rules of this Part need not, for the purposes of enforcement of the order, be served personally; but
(b)	if the order has not been served personally, the order shall not be enforced if it is shown that the party did not have notice or knowledge of the order within sufficient time for compliance with the order.

Challenge to claim of privilege

18. Where a party making a list of documents claims that any document in the possession, custody or power of the party is privileged from production, the Court may, if it thinks fit:

(a)	permit evidence in relation to the claim to be given by any other party by affidavit or otherwise; and
(b)	permit cross-examination of any affidavit used in support of the claim.

1992—No. 137

Public interest

19. This Part does not affect any rule of law which authorises or requires the withholding of any document on the ground that its disclosure would be injurious to the public interest.

PART 15—SUBPOENAS

Interpretation

1. In this Part:

“subpoena for production” means a subpoena to attend and

produce documents or things;

“subpoena to give evidence” means a subpoena to attend and give evidence;

“the person named” means, in relation to a subpoena, the person to whom the subpoena is addressed.

Subpoenas

2. (1) Unless the Court otherwise orders:
(a) a subpoena for production shall be in form 32; and

(b) a subpoena to give evidence shall be in form 33; and

(c) a subpoena for production and to give evidence shall be in form 34.

(2) Unless the Court otherwise orders, a subpoena may be issued by the Registrar at the request of any party.

(3) Any number of persons may be included in one subpoena, but the copy served need only contain the name of the person upon whom it is served.

(4) A party requesting the issue of a subpoena shall produce a form of subpoena and file a copy thereof.

(5) Subject to any order of the Court, a subpoena may be issued even though the Court has made an order under Part 22 Rule 9.

Conduct money

3. (1) The person named in a subpoena is to be tendered, at the time of service of the subpoena or not later than a reasonable time before the day on which compliance is required by the subpoena, a sum sufficient to meet the reasonable expenses of complying with the subpoena.

1992—No. 137

(2) The person named is not required to attend on any day on which attendance is required unless that sum is so paid or tendered.

Service of subpoena

4. (1) Service of a subpoena shall be effected in accordance with this Rule unless the Court or the Registrar otherwise directs.

(2) Service of a subpoena may be effected by handing the subpoena or a copy of the subpoena to the person named.

(3) If, on tender of the subpoena to the person named, the person refuses to accept it, the subpoena may be served by putting it down in the presence of that person after the nature of the subpoena has been explained.

(4) Where the person named in the subpoena is a party for whom a solicitor or an agent is acting in the proceedings, the subpoena may, with the consent of the solicitor or agent, be served on the person named by leaving it at the address for service.

(5) Service of a subpoena on a corporation (other than an organisation or association registered or recognised under the Act) may be effected by serving the subpoena in accordance with subrule (2) or (3), as the case may require, on the mayor, chairperson or president, or on the town clerk, clerk, secretary, treasurer or other similar officer of the corporation or, where provision is made by or under any Act for service of a document on a corporation, by serving the subpoena in accordance with that provision.

(6) Service of a subpoena on any organisation or association registered or recognised under the Act may be effected by serving the subpoena in accordance with subrule (2) or (3), as the case may require, on the president, principal officer, secretary, treasurer or other similar officer of the organisation or by serving the subpoena in accordance with Part 10 Rule 4.

(7) A subpoena issued at the request of a party may not be served on the person named later than 5 days before the date the person is required to attend, unless the Court otherwise orders.

(8) An order for short service may be made at any time.
(9) Any application for an order for short service shall indicate the

reasons why an order should be made, and unless the Court orders otherwise, shall be dealt with in chambers without the appearance of any person.

1992—No. 137

(10) A copy of any order for short service must be served with the subpoena or the subpoena shall bear a notation that such order has been made.

Form 35

(Notice To Admit Facts And/Or Authenticity Of Documents

— ICR Pt. 17 rr. 2,5)

To the respondent:
The applicant requires you to admit for the purpose of these proceedings only —

1.

2. { (state each fact)

The applicant requires you to admit for the purpose of these proceedings only the authenticity of the following documents —

1.

2. { (describe each document)

If you do not, within 14 days after service of this notice upon you, serve a notice upon the applicant disputing any fact (and/or the authenticity of any document) above specified, that fact (and/or the authenticity of that document) shall, for the purpose of these proceedings, be admitted by you in favour of the applicant.

(Follow the form of conclusion of documents for use by a party, Form 27).

1992—No. 137

Form 36

(Notice Disputing Facts And/Or Authenticity Of Documents

— Pt. 17 rr. 2, 5)

The respondent disputes the following facts specified in the applicant's notice dated (date) 19

1.	(state each fact)
2.	{

The respondent disputes the authenticity of the following documents which were specified in the applicant's notice (or list of documents) dated (date) 19

1.

(describe each document)

2. {

The respondent admits —
1.

(state each fact or describe each document)

2. {

(Follow the form of conclusion of documents for use by a party, Form 27).

1992—No. 137

Form 37

(Notice Of Withdrawal Or Discontinuance — ICR Pt. 19 r.5)

The (applicant/respondent) (by consent, if consent is required; or pursuant to the leave of the Court granted on (date) 19 , if leave is obtained) withdraw/discontinues the proceedings (in respect of claims numbered ...., or as the case may be).

(Follow the form of conclusion of documents for use by a party, Form 27).

(Where discontinuance or withdrawal is by consent, each party or that party’s solicitor or agent
must sign the notice).

1992—No. 137

Form 38

(Notice Of Change or Appointment, etc., of Solicitor or Agent — ICR Pt. 24

r. 11)

(Use or adapt the appropriate form of Notice of Change)

(Name), whose office is at (address), has been appointed to act as the solicitor for the (applicant / respondent, or as the case may be), in these proceedings in the place of

(name of former solicitor).

(Where the solicitor has an agent, (name), whose office is at (address), is the agent of (name of

principal solicitor).

(OR)

(Name), whose office is at (address), has been appointed by the solicitor for the (applicant / respondent, or as the case may be), to act as agent in the place of (name of

former agent).

(OR)

(Name), whose office is at (address), has been appointed to act as solicitor for the
(applicant / respondent, or as the case may be) , in these proceedings.

(Where the solicitor has an agent, (name), whose office is at (address), is the solicitor’s agent.)

(OR)

I, (name), have determined the authority of (name of solicitor) to act as solicitor for me in these proceedings. My address for service of documents is (address)

(OR)

I have ceased to act as solicitor for the (applicant / respondent, or as the case may be). I have served on the (applicant / respondent, or as the case may be) notice of my intention to file this notice. The (applicant’s/respondent’s, or as the case may be) place of business (or abode) last known to me is (address) (or, if known, state place of business and of

abode).

(In each case, follow the form of conclusion of documents for use by a
party, Form 27).

1992—No. 137

Form 39

(Bill Of Costs — ICR Pt. 25 r.15)

Work done.

1.

2.	(Number the items consecutively)
3.	{

Skill care and responsibility.

4.

5.       (continue the consecutive numbers)

6. {

Disbursements.

7.  

(continue the consecutive numbers)

8.

9. {

1992—No. 137

Form 40

(Request For Taxation — ICR Pt. 25 r. 15)

TO: The Registrar, Industrial Court:

Application is hereby made for taxation of the attached Bill of Costs.

1. Matter Number:

2.      Date of order by Court that costs be taxed (or as the case may be).

3.       Name of applicant for taxation:

4.       Address for service:

5. Telephone Number:

6.       Name(s) of party/parties liable for costs:

7.       Address(es) of those parties:

TO THE PARTY LIABLE TO PAY THE COSTS IN THE WITHIN BILL

Costs claimed in (the attached or this as the case may require) bill may be allowed and the taxation may be concluded unless, within 21 days after service on you of this notice, you file at the Court Registry, (address), a notice in the required form stating the item or items to which you object and the nature and grounds of your objection.

Signed:

Date:

UNLESS YOU FILE: AN OBJECTION THE BILL MAY BE ALLOWED IN FULL

1992—No. 137

Form 41

(Objection To A Bill — ICR Pt. 25 r. 16)

STATEMENT OF OBJECTION TO TAXATION OF BILL OF COSTS

(classify the items and divide them into separate paragraphs according to the nature or grounds

of the objection or set them out as follows:

Number Page Item or part Nature and grounds of

of Item objected to objection	of
bill

7  state these briefly but specifically

10 

I (name) certify that this objection was served on (name) by (method) on (date)

19 ,

Signed:

1992—No. 137

Form 42

(Application for summons — ICR Pt. 26 r.1)

I (name of prosecutor) of (address of prosecutor) in the State of New South Wales (add

capacity in which prosecutor acts — e.g. inspector, etc)

alleges that

(name and address of defendant)

(“the defendant”),
on (date) at (place of offence)

DID (or failed to)

(set out details of offence(s) and specific description of legislation creating the offence)

AND I hereby apply for the issue of a summons requiring the said (defendant) to appear before the Court in answer to the said charge(s)*

My affidavit dated (date) verifying the allegations made in this application is attached.

(Follow the form of conclusion of documents for use by a party, Form 27).

* Where application for an order for the recovery of remuneration or other payment against the

defendant will also be made, add:

At the hearing of the charge, I intend to also seek an order directing the defendant to pay to (name
of employee or worker) the full amount of any remuneration or payment which has become due

to that person by virtue of (section and title of Act or name of award or agreement), being an
amount of $(amount), (set out details of amount and how claim is based).

1992—No. 137

Form 43

(Summons — ICR Pt. 26 r. 2)

TO THE DEFENDANT:

(Full name)

YOU are required to appear before the Industrial Court of New South Wales at the time and place specified below to answer the charge(s) the prosecutor makes against you, viz:

1.

(State offence(s))

2. {

3.  

The particulars of the charge(s) are

1.

2.	(State particulars of the offence(s))
etc.	3.{

Further details of those allegations against you are contained in the affidavit of

(name) dated (date) a copy of which is attached.

TAKE NOTICE: 

This matter has been listed for hearing/mention† on (date and time) at (place).

If you do not appear before the Court at the that time and place, a warrant may be issued for your arrest.*

The prosecutor's name and address for service is (specify address for service)

Date: 

Registrar

† — delete as appropriate.

further order that you pay the sum of $ (amount) to (name) being (set out details on which claim is

* Where an application for the recovery of remuneration is also to be made, add:

based).

1992—No. 137

Form 44

(Writ Of Injunction — ICR Pt. 26 r. 7)

To (name and address of the person restrained)

Upon the hearing of the application of (state name and address of the applicant) alleging that you had committed a breach of the (specify the Award or Agreement

concerned) and that you did, contrary to the provisions of the Industrial Relations

Act 1991, (state the act complained of), I found the same to be true, and I am of the opinion that the said breach was committed by your wilful act or default.

I therefore order that you are perpetually restrained from committing any

further or other breaches of the said (specify the Award or Agreement).

Dated at (place),

(date) 19 .

Judge

1992—No. 137

Form 45

(Notice To Proceed Before the Registrar — ICR Pt. 28 r. 10)

I appoint (date) 19	, at 10.00 am at (address), for the hearing of (state nature of the
matter to be heard).

Registrar,

Industrial Court of New South Wales

1992—No. 137

Form 46

(Certificate as to new matter — ICR Pt. 29 r. 1)

I certify pursuant to section 202 of the Industrial Relations Act 1991 that the

following industrial matter

(set out details)

is a "new matter" for the purposes of Part 2 of Chapter 3 of the Industrial

Relations Act 1991.

Dated

By the Court

1992—No. 137

Form 47

(Certificate as to unfair contract — ICR Pt. 29 r. 2)

I certify pursuant to section 281(3) of the Industrial Relations Act 1991 that the following contract was, on (date) found by the Industrial Court of New South Wales to be unfair, harsh or unconscionable or against the public interest:

(set out details of contract.)

Dated

Registrar

145 145

1992—No. 137	1992—No. 137
SECOND SCHEDULE	SECOND SCHEDULE

COSTS ALLOWABLE FOR WORK DONE AND SERVICES COSTS ALLOWABLE FOR WORK DONE AND SERVICES

PERFORMED

PERFORMED

Item Item $ $

INSTRUCTIONS INSTRUCTIONS

1	1	To make application or defend or to appeal or for	To make application or defend or to appeal or for
any other originating proceeding any other originating proceeding 120.00 120.00
2	2	To make or oppose an interlocutory application or To make or oppose an interlocutory application or
motion to the Court or an officer of the Court motion to the Court or an officer of the Court 52.00

52.00

3	3	For a case for opinion of Counsel or for Counsel to For a case for opinion of Counsel or for Counsel to
advise (including attendance on Counsel with advise (including attendance on Counsel with

51

51 .00

.00

brief) brief)

4	4	For interrogatories, answers to interrogatories or For interrogatories, answers to interrogatories or an affidavit (not being a formal affidavit), an affidavit (not being a formal affidavit),
admissions or a list of documents, and affidavit admissions or a list of documents, and affidavit
verifying verifying 73.00

73.00

5	5	For brief to Counsel on application in Chambers or	For brief to Counsel on application in Chambers or
brief notes for Solicitor (where necessary) brief notes for Solicitor (where necessary) 66.00

66.00

(or, in respect of items 1 to 5 of this scale, such (or, in respect of items 1 to 5 of this scale, such

other sums may be allowed as the taxing officer	other sums may be allowed as the taxing officer
thinks fit, having regard to thinks fit, having regard to all the circumstances all the circumstances
of the case) of the case)

6

6

For brief to Counsel or brief notes for Solicitor For brief to Counsel or brief notes for Solicitor (where necessary); such fee may be allowed as the (where necessary); such fee may be allowed as the

taxing officer thinks fit having regard to all the	taxing officer thinks fit having regard to all the
circumstances of the case.	circumstances of the case.

7

7

For a necessary document not otherwise provided For a necessary document not otherwise provided for; such fee may be allowed as the taxing officer for; such fee may be allowed as the taxing officer

thinks fit, having regard to all the circumstances	thinks fit, having regard to all the circumstances
of the case	of the case

DOCUMENTS

8

8

Any notice of appearance including copies, filing Any notice of appearance including copies, filing

and service by respondent and service by respondent 67.00 67.00

9

9

Any application, or notice of motion including Any application, or notice of motion including

fixing return day, copies to file and serve and fixing return day, copies to file and serve and

attendance to file attendance to file 52.00 52.00

— if more than 3 folios – add per folio — if more than 3 folios – add per folio 3.00

3.00

10

10

Any simple notice or memorandum such as a Any simple notice or memorandum such as a

notice for discovery, including copies, filing (where notice for discovery, including copies, filing (where

necessary) and service necessary) and service 44.00 44.00

11

11

Notice to produce, notice to admit or any like Notice to produce, notice to admit or any like

notice including copies, filing (when necessary) notice including copies, filing (when necessary)

and service	and service	52.00	52.00
—if more than 3 folios – add per folio	—if more than 3 folios – add per folio	3.00	3.00

1992—No. 137

12        A brief to Counsel (including a brief to hear

judgment) and attending Counsel therewith	47.00
— if more than 3 folios – add per folio	5.00

— for copy documents to accompany brief; such
other charges in this scale as are appropriate.

13        Any necessary subpoena including issuing, one

copy to serve and arranging for service 37.00

DRAWING

14 Any necessary document — per folio 6.00

ENGROSSING OR TYPING

15 Any necessary document — per folio 2.00

COPIES

16         Of any document including carbon, photographic

or machine copy — per page 1.00

except that where the allowance for 10 or more pages is claimed, in respect of any document or documents, costs allowed for such copies shall be at the discretion of the taxing officer.

PERUSAL

17         Of any document (when necessary) including

special letter, telegram or telex if 3 folios or less	11.00
or per folio	2.00

18         Where it is not necessary to peruse but it is

necessary to scan, a document per page 3.00

except that where allowance for 10 or more pages is claimed, in respect of any document or documents, costs allowed for scanning shall be at the discretion of the taxing officer.

EXAMINATION

19         Where it is neither necessary to persue nor scan a document, such as, examination of an appeal book for examination per half hour

Solicitor	44.00
Clerk	11.00

LETTERS

20          Short letter — simple form of letter eg formal

acknowledgment 9.00

21        Ordinary letter — including letters between

principal and agent 14.00

1992—No. 137

22	Circular letter (after the first) -each	5.00
23	Special letter or letter including opinion	31 .00
— or such may be allowed as is reasonable having regard to the length of the letter, the questions involved and appropriate items and charges in this scale.
24	Telegram, facsimile, copy, or telex including
attendance to dispatch	37.00
— or such fee may be allowed as is reasonable in the circumstances.
25	Receiving and filing any incoming letter	5.00
(Postage and transmission fees may be claimed as a disbursement properly incurred.)
SERVICE
26	Personal service (other than where service is claimable under other items in this scale) of any documents of which personal service is required	37.00
— or such fee may be allowed as is reasonable having regard to time occupied, distance travelled and other relevant circumstances.
27	Service of any document at the office of the
address for service either by delivery or by post	11 .00
PREPARATION OF APPEAL BOOKS
28	Preparation of appeal books including collating all necessary material, attendances on the printer, general oversight of their preparation in cases where the taxing officer is satisfied it has been done efficiently — per hour
— Solicitor	79.00
— Clerk	18.00
29	Where appeal books are prepared in a solicitor’s office, the taxing officer may allow such sum as seems just and reasonable having regard to work and labour properly performed and charges for material used. In exercising such discretion the taxing officer shall have regard to commercial rates for copying and binding and is not obliged to apply the photographic or machine made copy costs otherwise allowable in this Schedule.
ATTENDANCES
30	An attendance which is capable of being made by a
Clerk, such as at the Court Registry	18.00

1992—No. 137

31         An attendance which requires the attendance of the Solicitor or Managing Clerk and involves the exercise of skill or legal knowledge (including an attendance to inspect or negotiate) — per quarter hour

Solicitor	35.00
Managing Clerk	10.00

32         An attendance for which no other provision is

made herein 31 .00

33        An attendance by telephone which does not involve the exercise of skill or legal knowledge 8.00

34        An attendance on Counsel with brief or papers

(where not otherwise provided for)	18.00
— to appoint a conference or consultation	18.00
— where appointment made by telephone	8.00

35        A necessary conference or consultation with

Counsel if half an hour or less	52.00
— if over half an hour — per hour or part thereof	79.00

36        In Court or chambers or before the Registrar for a

hearing without Counsel:

— for each hour or part of an hour of the hearing 157.00

— for each hour or part of an hour when likely to

be heard but not heard	157.00
not to exceed per day	706.00

37        In Court or chambers or before the Registrar — for

hearing with Counsel:

— for each hour or part of an hour of the

attendance during the hearing 128.00

— for each hour or part of an hour of the

attendance when likely to be heard but not heard	128.00
not to exceed per day	580.00

if a person other than a solicitor attends in place of
a solicitor, for each hour

(a) Managing Clerk 52.00

- not to exceed per day 236.00

(b) any other Clerk	28.00
— not to exceed per day	126.00

38

To hear judgment 36.00

1992—No. 137

39        On taxation of costs:

— if a solicitor attends per hour or part of an hour	79.00
— if a clerk attends per hour or part of an hour	18.00

40

Where the Solicitor attends at Court or chambers for the hearing of an application or appeal ,or on conference with Counsel, at a distance of more than 50 kilometres from the solicitor’s place of business when it is neither appropriate nor proper for an agent to attend, the taxing officer may allow for each day of absence from place of business, not being a Saturday, Sunday or public holiday such amount as the taxing officer thinks reasonable not exceeding 179.00

GENERAL CARE AND CONDUCT

41 Where the case or circumstances warrant it, an allowance may be claimed under this item, in addition to any item which appears in this scale, for general care and conduct (where appropriate) including:

(a) the complexity of the matter and the difficulty and novelty of the questions raised or any of them (b) the importance of the matter to the party and the amount involved
(c) the skill, labour, specialised knowledge and responsibility involved therein on the part of the Solicitor

(d) the number and importance of the documents

prepared or perused without regard to length
(e) the time expended by the Solicitor
(f) research and consideration of questions of law

and fact

COUNSEL'S FEES

42 It shall be proper for a solicitor to incur such Counsel‘s fees as appear to be fair and reasonable according to the circumstances of the case and the seniority of Counsel and such Counsel‘s fees may be claimed as a disbursement. Regard shall be had to the Scale of Counsel’s Fees in the Supreme Court Rules.

43        Where a solicitor appears without counsel, when it would be appropriate to brief Counsel, the taxing officer may allow such sum in the nature of Counsel’s fee as the taxing officer thinks just and reasonable (having regard to the Supreme Court

Rules).

WITNESSES EXPENSES

199—No. 137

44        Witnesses called because of their professional,

scientific or other special skill or knowledge per 92.00 to
day 462.00
45	Witnesses called, other than those covered in 52.00 to
item 44, per day 86.00

46        Witnesses remunerated in their occupation by wages, salary or fees; the amount lost by attendance at court.

47        Where the witness resides more than 50 kilometres from the Court, such sum as the taxing officer thinks reasonable for the actual cost of conveyance, together with a reasonable amount for sustenance or maintenance.

DISBURSEMENTS

48        All Court fees and other fees and payments to the extent to which they have been properly and reasonably incurred and paid shall be allowed.

49        Where a solicitor attends a Court or chambers, or on conference with Counsel, in the circumstances outlined in item 40, the taxing officer may allow reasonable travelling expenses to the extent to which they have been reasonably incurred and paid.

MISCELLANEOUS

50        Matters not included in this scale to the extent they are covered by Part 25, rule 25.

Note:

Bills of costs prepared shall identify costs and disbursements claimed with an item number.

A folio comprises 72 words; there are generally 3 folios to each page.

1992—No. 137

THIRD SCHEDULE

ADDITIONAL POWERS OF REGISTRAR

Powers of the Registrar, in addition to powers referred to in the Rules:

1. On any matter, the power to conduct mediation in accordance with Part 21 of the Rules, subject to any order of the Court.

2. On any matter remitted by the Court, where the only question for hearing is the amount to be recovered and costs.

3. The hearing of any matter remitted by the Court, where the only matter in question is the matter of costs.

4. Call-overs, directions hearings, readiness hearings, pre-hearing

conferences, the recording of pleas and setting matters down before the
Court.

1992—No. 137

EXPLANATORY NOTE

The object of this Regulation is to prescribe interim rules for the Industrial Court

pending the making of rules by the Court.