Compensation Court Act 1984 Compensation Court Rule (Commencement of Proceedings by Summons) 1998 (1998-116) [GG No 46 of 6.3.1998, p 1195] (NSW)

Case

1998 No 116

New South Wales

Compensation Court Rule

(Commencement of Proceedings by

Summons) 1998

under the

Compensation Court Act 1984

The Compensation Court Rule Committee made the following rule of court under the Compensation Court Act 1984 on 5 February 1998.

S Davidson

Secretary of the Rule Committee

Explanatory note

The object of this Rule is to amend the Compensation Court Rules 1990 to provide for the commencement of proceedings by way of Summons and to establish a procedure for dealing with applications under section 52B of the Workers compensation Act 1987.

Published in Gazette No 46 of 6 March 1998, page 1195 Page 1

1998 No 116

Clause 1 Compensation Court Rule (Commencement of Proceedings by Summons) 1998
Schedule 1 Amendments

Compensation Court Rule (Commencement of

Proceedings by Summons) 1998

1 Name of Rule

This Rule is the Compensation Court Rule (Commencement of

Proceedings by Summons) 1998.

2 Commencement

This Rule commences on 6 March 1998.

3 Amendment of Compensation Court Rules 1990

The Compensation Court Rules 1990 are amended as set out in

Schedule l.

4 Notes

The explanatory note does not form part of this Rule.

Schedule 1 Amendments

(Clause 3)

  1. Part 5

    After Part 5, rule 11, insert:

Division 2A Proceedings commenced by summons
11A Application and Procedure
(1) This Division applies to proceedings commenced by
summons.
(2) For the purposes of Division 1 of Part 5, a Summons is
an originating process.

1998 No 116

Compensation Court Rule (Commencement of Proceedings by Summons) 1998

Amendments Schedule 1

(3)

The procedure for the hearing and disposal of a Summons shall be as near as practicable to that applicable to the hearing and disposal of a notice of motion in accordance with the provisions of Part 14 (2), (3), (4) and (5).

11B Particular proceedings commenced by summons

(1)

Proceedings under section 52B(1) of the Workers Compensation Act 1987 shall be commenced by the filing of a Summons.

(2)

Proceedings under sections 52B(3), (6) and (8) of the Workers Compensation Act 1987 shall be commenced by way of notice of motion in the proceedings to which the application relates.

1998 No 117
New South Wales

Compensation Court Rule (Issuing of

Subpoenas) 1998

under the

Compensation Court Act 1984

The Compensation Court Rule Committee made the following rule of court under the Compensation Court Act 1984 on 5 February 1998.

S Davidson

Secretary of the Rule Committee

Explanatory note

The object of this Rule is to amend the Compensation Court Rules 1990 to widen the category of Court Officer who may issue a subpoena.

Published in Gazette No 46 of 6 March 1998, page 1197 Page 1
Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

0