STATUTORY
RULES.
1946. No. 43.
THE
COMMONWEALTH COURT OF CONCILIATION AND ARBITRATION.
Rules of Court.*
As
of Tuesday the 12th day of February, 1946.
IT is
ordered as follows:—
I.
Appeals to the Commonwealth Court of Conciliation and Arbitration under section
29 of the Re-establishment and Employment
Act 1945.
1.
(a) An application for special leave
to appeal under section 29 of the Re-establishment
and Employment Act 1945 shall be made in Court before a single Judge upon a
day to be fixed by him.
(b) The applicant before applying to the
Court shall file in the Registry of the Court in the State in which the order
in question was made an affidavit setting forth the relevant facts and the
grounds relied upon in support of the application. A copy of such order and of
the depositions if any in the Court against whose order it is desired to appeal
shall be exhibited to the affidavit. When any such affidavit is filed in a
District Registry the Deputy Registrar shall forthwith advise the Industrial
Registrar of the filing of the affidavit and the nature of the proceedings.
(c) The Court will thereupon fix a date
for the hearing of such application. The Court may hear such application either
ex parte or upon notice to the
respondent and the applicant shall be advised accordingly. If the application
is to be heard upon notice a copy of the affidavit and exhibits referred to in
paragraph (b) shall not less than two
clear days or such longer period as may be directed by the Judge before the
date fixed for hearing be served by the applicant upon the proposed respondent
together with notice of the date upon which the application will be heard.
(d) Upon the hearing of the application
for leave to appeal notice whereof has been given to the proposed respondent the
Court, if it grants special leave to appeal, may (a) if it deems fit proceed forthwith to hear the appeal or (b) fix a date for the hearing of the
appeal and give such directions as may be necessary.
(e) Forms “A”, “B” and “C” in the
Schedule are published for general information. The relevant form should be
adopted by the appropriate party with such modifications as may be necessary in
the circumstances.
(f) The Court may for such reasons and
upon such information as appears to it to be sufficient exempt an applicant
from compliance with any part of this Rule.
II.
That the foregoing Rules of Court shall come into operation on the 25th day of
February, 1946.
(L.s.) | (Sgd.) | H. B. PIPER, Chief Judge. |
(Sgd.) | T. O’MARA, Judge. |
(Sgd.) | W. R. KELLY, Judge. |
(Sgd.) | ALFRED W. FOSTER, Judge. |
* Notified in
the Commonwealth Gazette on 28th
February, 1946.
1289.—Price 3d.
SCHEDULE.
——
Form “A”.
form of affidavit in support of application for
special leave to appeal
IN THE COMMONWEALTH
COURT OF CONCILIATION AND ARBITRATION.
In the matter of a proposed
appeal under section 29 of the Re-establishment
and Employment Act 1945
between
[Here set out name of proposed appellant]
and
[Here set out name of proposed respondent].
I
[here set out full name, private address and occupation of the
proposed appellant] being duly sworn make oath and say as follows:—
[Here set out in numbered paragraphs the
relevant facts including—
(i) The name of the Court
from whichthe appeal is to be
brought;
(ii) the date of the
decision in question;
(iii) the effect of that
decision;
(iv) grounds relied upon
in support of the appeal;
(v) whether the
applicant desires on the hearing of the appeal to adduce evidence not called in
the Court below;
(vi) exhibiting (where
available) the depositions in the Court below;
(vii) any other relevant
material.]
Form
“B”.
form
of notice to proposed respondent if the application for special leave is to be
made on notice.
IN THE COMMONWEALTH
COURT OF CONCILIATION AND ARBITRATION.
In the matter of a
proposed appeal under section 29 of the Re-establishment
and Employment Act 1945
between
[Here set out name of proposed appellant]
and
[Here set out name of proposed respondent]
To—
[Here set out name and address of proposed
respondent].
Take
notice that an application will be made to the above-mentioned Court at [here set out locality and address of Court
at which application will be made] on the [date] day of [name of month] 19 [year] at o’clock in the noon or so soon thereafter as this
application may be heard for an order granting [here set out name of applicant] special leave to appeal from
Schedule—continued.
Form “B”—continued.
an order
of the [here insert title of Court which gave
the division from which special leave to appeal is sought] given or made on [insert date] whereby [here set out effect of latter order] upon the following grounds:—
Dated
this
day
of 19
(Signature of applicant or his
legal representative.)
This
notice is given on behalf of the proposed appellant [insert name] whose
address for service is [here set out
address for service].
Form “C”.
form
of notice to respondent after special leave has been granted and a date for
hearing fixed by the court.
IN THIS COMMONWEALTH
COURT OF CONCILIATION AND ARBITRATION.
In the matter of a
proposed appeal under section 29 of the Re-establishment
and Employment Act 1945.
between
[Here set out name of proposed appellant]
and
[Here set out name of proposed respondent]
To—
[Here set out name and address of respondent].
Take
notice that pursuant to special leave under section 20 abovementioned granted
to the applicant by this Court on the [here
insert date upon which special leave to appeal was granted]application will be made to the
Commonwealth Court of Conciliation and Arbitration at [here set out locality and address of the Court at which the appeal will be heard] on the [here insert date fixed by the Court for the
hearing] at [here insert time on that
date fixed for the hearing]by
way of appeal against the decision or order of the [here insert title of Court the decision of which to the subject of
special leave to appeal] given or made on the [here insert date of decision] for an order by the said Commonwealth
Court of Conciliation and Arbitration reversing or modifying [omit whichever is irrelevant] the order appealed against on the following grounds:—
Dated
this
day
of 19
(Signature of appellant or his
legal representative.)
This
notice is given on behalf of the appellant [insert
name] whose address for service is [here
set out address for service].
By
Authority: L. F. Johnston,
Commonwealth Government Printer, Canberra.