Conciliation and Arbitration Rules of Court (Amendment) (Cth)

STATUTORY RULES.

1931. No. 71.

THE COMMONWEALTH COURT OF CONCILIATION AND ARBITRATION.

Rules of Court.

As of Thursday, the fourth day of June 1931. It is ordered as follows:—

1.That the Rules of the Commonwealth Court of Conciliation and Arbitration as of the 3rd day of October 1905 as amended by Rules of Court dated the 22nd day of November 1909 and by Rules of Court dated the 28th day of April 1924 be further amended as follows that is to say—

(1) In rule 2 thereof:—

(a) by deleting the words and numerals “Part XII.—Appeal” and by inserting in lieu thereof the following “ Part XII.—Appeal from Registrar.”

(b) By inserting immediately after the line commencing “Part XII. the following “Part XIIa.—Appeals from Conciliation Commissioner or Conciliation Committee.”

(2) In rule 5 thereof by deleting the words “, or when the Court is not sitting, the President” and by inserting in lieu thereof the words “or a Judge”.

(3) In rule 16 by inserting after the words “claimant or applicant” the words “by leave of the Court or a Judge or”

(4) In rule 22 by deleting the words “by notice in one or more of the daily papers published in the State in which such business is to be transacted,”

(5) By deleting rule 55 and the heading thereto.

(6) In rule 82 by deleting the words and figures “Form 23 or Form 24 hereto, as the case may require.” and by inserting in lieu thereof the words “ a form approved by the Registrar.”

(7) By making in the rules enumerated in the first column of the appendix hereto the amendments set forth in the second column of the said appendix.

2. That the following rules shall stand as Part XIIa. of the Rules of the Commonwealth Court of Conciliation and Arbitration.

Part XIIa.

APPEALS FROM CONCILIATION COMMISSIONER OR CONCILIATION COMMITTEE.

Institution of Appeal.

(1) Subject to rule 9 of this Part an appeal to the Court under section 31a of the Act shall be instituted by notice of appeal in accordance with Form 24 to be filed in the Principal Registry by or on behalf of the party appellant within eighteen days from the making of the award or order appealed against. The appellant may by the notice of appeal appeal from the whole or any part of the award or order appealed from and the notice of appeal shall state whether the whole or part only of the award or order is complained of and shall state particulars of the relief sought.

1664.—Price 5d.

 

The notice of appeal shall also state the grounds upon which the appellant intends to rely.

Appellant Limited to Grounds Stated and Relief Claimed.

(2) Subject to any direction the Court may give an appellant shall be limited to the grounds of appeal and the relief sought as disclosed by the notice of appeal.

Affidavit Verifying Notice of Appeal.

(3) An affidavit shall be filed with the notice of appeal verifying the matters stated in the notice.

Service of Notice of Appeal: Affidavit of Service.

(4) (a) Forthwith after the notice of appeal and verifying affidavit are filed copies thereof shall be served by the appellant—

(i) on the party respondent; and

(ii) on the parties’ representatives who appeared before the Conciliation Commissioner; and

(iii) on the representative respondents if any appointed pursuant to the Act; and

(iv) if the appeal be from an award or order of a Conciliation Committee on the members of the Committee representing the parties to the dispute or matter other than the appellant.

(b) Forthwith after the service of the copy of the notice of appeal and affidavit the appellant shall file an affidavit of service showing upon whom, the time when, the place where, the person by whom, and the manner in which service was effected.

Notice of Hearing.

(5) The Court shall fix a day for the hearing of the appeal. The Industrial Registrar shall thereupon notify the appellant and the representatives upon whom the notice of appeal has been served of the day so fixed, and shall cause to be published in the Commonwealth Gazette a notification of the institution of the appeal and of the day fixed by the Court for the hearing thereof.

Documents for use of Court.

(6) (a) Not less than two days before the day fixed for the hearing of an appeal the appellant shall lodge in the Principal Registry of the Court three copies of the following documents that is to say

(i) the notice of appeal;

(ii) the verifying affidavit;

(iii) the plaint, order of reference, summons or other documents upon which the award or order under appeal was made;

(iv) the shorthand transcript of the proceedings before the Conciliation Commissioner or Conciliation Committee, as the case may be; or, if no such transcript was taken, of the notes of the Conciliation Commissioner or Chairman of the Committee as the case may be;

(v) the award or order appealed against;

(vi) the reasons of the Conciliation Commissioner for the award or order.

 

(b) A Judge may, for any reason which to him seems sufficient exempt any appellant from compliance with any part of this rule. An application to be so exempted shall be supported by affidavit and may, in the discretion of the Judge, be made ex parte.

Stay of Proceedings.

(7) When an appeal has been commenced any party thereto may apply to Court on summons for an order that the operation of the award or order under appeal or any part thereof be stayed pending the determination of the appeal. On the hearing of any such summons the Court may order that the operation of the whole or any part of the award or order be stayed pending the determination of the appeal and may in its discretion impose such terms, if any, as it thinks just upon the party procuring the stay.

Proceedings in Nature of Cross Appeal.

(8) (a) Where any party to an appeal intends on the hearing thereof to contend that the award or order under appeal should pursuant to the powers conferred by section 31a of the Act be reviewed otherwise than as sought in the notice of appeal that party shall within seven days of the service of the notice of appeal file in the Principal Registry of the Court a notice of his intention and an affidavit in support thereof and shall serve a copy of the notice and of the affidavit upon the appellant and upon the representatives of other parties affected by the contention.

(b)The notice of intention shall state the grounds of the application and particulars of the order sought. Subject to any direction the Court may give the party giving such notice shall be limited to the grounds and order stated in the notice.

(c) Not less than two days before the day fixed for the hearing of the appeal the party who has filed a notice of intention under this rule shall lodge in the Principal Registry of the Court three copies of the notice of intention and of the supporting affidavit and of any documents in the proceedings relevant to his application and not to be lodged by the appellant pursuant to rule 6 of this part.

Appeals in Relation to Conditions of Employment Only.

(9) (a.) An appeal shall not be brought in respect of so much only of an award or order of a Conciliation Commissioner or Conciliation Committee as affects any condition of employment unless the party desiring to appeal first obtains from the Court a certificate that the matter in respect of which it is proposed to appeal is a condition of employment which in the opinion of the Court is likely to affect the public interest. The following rules shall apply to applications for certificates of this nature.

(b) The applicant shall file in the Principal Registry an affidavit setting forth the circumstances of the application, the matters in respect of which it is proposed to appeal and the grounds relied upon in support of the application. Two copies of the affidavit and exhibits shall be lodged in the Registry at the time when the original affidavit is filed.

(c) The Court shall fix a day for the hearing of the application. The Industrial Registrar shall thereupon notify the applicant and the representatives of other parties who appeared before the Conciliation Commissioner or Conciliation Committee of the day so fixed.

 

(d) If the Court grants such a certificate the party obtaining the same shall within seven days from the date of the certificate file a notice of appeal as required by rule 1 of this Part and the appeal shall thereafter proceed in accordance with these Rules but subject to any directions given by the Court at the time of granting such a certificate.

 

APPENDIX.

Rule of Court Amended.	Amendment Effected.
1...................................................	Omit “the President” insert “ a Judge”
6...................................................	Omit “the President” insert “a Judge”
............................................	Omit “President” insert “Judge”
7 (1)..............................................	Omit “President” insert “a Judge”
............................................	Omit “the President”(wherever occurring) insert “a Judge”
7 (5)..............................................	Omit “a Justice” insert “a Judge”
8...................................................	Omit “President” insert “a Judge”
9...................................................	Omit “President” insert “a Judge”
10.................................................	Omit “President” insert “a Judge”
12.................................................	Omit “the President” insert “a Judge”
13.................................................	Omit “Order 32 of the Rules in the Schedule to the HighCourt ProcedureAct 1903” insert “Order 35 of the Rules of the High Court of Australia”
15 (c)............................................	Omit “the President” (firstly occurring) insert “a Judge”
Omit “the President” (secondly occurring) insert “the Judge”
18.................................................	Omit “the President” insert “a Judge”
22.................................................	Omit “the President” insert “a Judge”
23.................................................	Omit “the President” insert “a Judge”
32.................................................	Omit “the President’’ insert “a Judge”
33.................................................	Omit “President” insert “a Judge”
39.................................................	Omit “President” insert “a Judge”
46.................................................	Omit “the President” insert “the Court or a Judge”
47.................................................	Omit “President” insert “a Judge
Omit “the President” insert “ a Judge”
49.................................................	Omit “the President” (wherever occurring) insert “a Judge”
50.................................................	Omit “the President” insert “a Judge”
52.................................................	Omit “the President” insert “a Judge”
53.................................................	Omit “the President” insert “the Judge”
54.................................................	Omit “the President” insert “a Judge”
Omit “the President’s” insert “the Judge’s”
56.................................................	Omit “the President” insert “a Judge”
60.................................................	Omit “the President” (firstly occurring) insert “a Judge”
Omit “the President” (secondly occurring) insert “the Judge”
61.................................................	Omit “the President” insert “a Judge”
63.................................................	Omit “the President” insert “Judge”
65.................................................	Omit “President” insert “a Judge”
Omit “the President” insert “the Judge”
67.................................................	Omit “the President”(firstly occurring) insert “a Judge”
Omit “the President” (secondly occurring) insert “the Judge”
72.................................................	Omit “the President” insert “a Judge”
74.................................................	Omit “President” insert “Judge”
75.................................................	Omit “President” insert “Chief Judge’’
76.................................................	Omit “the President” insert “a Judge”
79.................................................	Omit “the President” insert “a Judge”
80.................................................	Omit “President” (wherever occurring) insert “a Judge”
81.................................................	Omit “President” (wherever occurring) insert “a Judge”
Omit “Sheriff” insert “Marshal”
84.................................................	Omit “President” (firstly occurring) insert “a Judge”
Omit “President” (elsewhere occurring) insert “the Judge”
85.................................................	Omit “President” insert “a Judge”
Heading of Part XII.	Omit “President” insert “the Court”

 

Rule of Court Amended.	Amendment Effected.
86 (1)............................................	Omit “the President” insert “a Judge”
86 (2)............................................	Omit “The President” insert “A Judge”
86 (3)............................................	Omit “the President” insert “the Court”
86 (4)............................................	Omit “President’s” insert “Court’s”
87.................................................	Omit “President” insert “a Judge”
Schedule One...............................	Omit “President” insert “ a Judge”
Schedule Form 12........................	Omit “the President” (firstly occurring) insert “a Judge”
Omit “the President” (secondly occurring) insert “the Judge”
Schedule Form 15........................	Omit “President of the Court of” insert “Commonwealth Court of Conciliation and”
Schedule Form 16........................	Omit “the President” insert “a Judge”
Omit “The President” insert “A Judge”
Schedule Form 17........................	Omit the form
Schedule Form 18........................	Omit the form
Schedule Form 19........................	Omit “Court of Arbitration” insert “Commonwealth Court of Conciliation and Arbitration”
Schedule Form 19........................	Omit “President” insert “A Judge of the Commonwealth Court of Conciliation and Arbitration”
Schedule Form 21........................	Omit “President” insert “Chief Judge”
Schedule Form 22........................	Omit “President” insert “Chief Judge”
Schedule Form 23........................	Omit “President” insert “the Court”
Omit “the President of”

FORM 24.

 

APPEAL TO COURT FROM CONCILIATION COMMISSIONER OR CONCILIATION

COMMITTEE.

In the Commonwealth Court of Conciliation and Arbitration.

No. of 193  . [insert record number of dispute or proceeding]. Between [name of appellant(s)] Appellant(s) and [name of sole or first respondent add “and others” if necessary] Respondent(s). On appeal from [name of Commissioner] a Conciliation Commissioner (or on appeal from the [short title] Conciliation Committee).

Notice is hereby given than on a day to be appointed by the Court the Court will be moved on behalf of the above-named appellant by way of appeal against the award (or order, as the case may be) made by [name of Commissioner] a Conciliation Commissioner (or by the  Conciliation Committee) on the  day of 193 .

The appellant intends to appeal against the whole of the award (or order) (or The appellant intends to appeal against the following parts of the said award (or order)—[Here set out specifically in numbered paragraphs the parts of the award (or order) appealed against].

The appellant seeks the following relief [Here set out in numbered paragraphs the award or order sought in lieu of the respective matters appealed against].

On the hearing of this appeal the appellant intends to rely upon the following grounds, namely [Here set out in numbered paragraphs the grounds of appeal].

Dated this day of 193 .

[Signature].

On behalf of the appellant(s)

To the Respondent(s).

 

This notice is filed by on behalf of the within-named appellant(s) whose address for service is [here set out an address for service within one mile of the Principal Registry of the Court.]

 

3. That the foregoing Rules shall come into operation on the 22nd day of June 1931.

 GEO. J. DETHRIDGE, Chief Judge,

(l.s. ) GEO. S. BEEBY, Judge.

 E. DRAKE-BROCKMAN, Judge.

Murray M. Stewart, Industrial Registrar.

 

By Authority: H. J. Green, Government Printer, Canberra.