Compensation Court Act 1984 Compensation Court Rule (Miscellaneous Amendments) 1998 (1998-673) [GG No 171 of 11.12.1998, p 9506] (NSW)

1998 No 673

New South Wales

Compensation Court Rule

(Miscellaneous Amendments) 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 3 December 1998.

S Davidson

Secretary of the Rule Committee

Explanatory

The object of this Rule is to amend the Compensation Court Rules 1990 to clarify matters to be pleaded in an answer where relief other than compensation is claimed and the application of summary judgment provisions to such claims and to remove a provision in relation to the operation of Practice Notes which may have been ultra vires.

Published in Gazette No 171 of 11 December 1998, page 9506 Page 1

Clause 1 Compensation Court Rule (Miscellaneous Amendments) 1998

This Rule is the Compensation Court Rule (Miscellaneouse

Amendments) 1998.

2 Commencement

This Rule commences on 11 December 1998.

3 Amendment of Compensation Court Rules 1990

The Compensation Court Rules 1990 are amended as set out in

Schedule 1 .

4 Notes

The explanatory note does not form part of this Rule.

Compensation Court Rule (Miscellaneous Amendments) 1998

Amendments Schedule 1

(Clause 3)

( i )         Omit subclauses (a) and (b), insert instead after

"proceedings" where thirdly appearing, “shall be taken

to be a direction given by the Court under subrule (2).”

Part 10, rule 2 (1):

After "compensation", insert "or other relief".

Part 11, rule 3 (2) (a):

( i )         After "claimed", insert "or that the applicant is entitled to the relief sought".

( i i )        After "liable" when second appearing, insert “or that the applicant is so entitled".

Part 11, rule 3 (4):

After "claimed", insert “or to give the relief sought".

Omit "or" from clause (b).

After "answer" in clause ( c ) insert "or".

After clause (c), insert:

“(d) the operation of Part 10 in relation to summary

judgment ".