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

STATUTORY RULES.

1924. No. 66.

THE COMMONWEALTH COURT OF CONCILIATION AND ARBITRATION.

———

Rule of Court.

As of Monday, the twenty-eighth day of April, a.d. 1924.

It is ordered as follows:—

The Rules of Court as of Tuesday, the 3rd day of October, a.d. 1905 (Statutory Rules 1905, No. 71), as amended by the Rules of Court as of Monday, the 22nd day of November, a.d. 1909 (Statutory Rules 1909, No. 133), be further amended as follows:—

(1) Rules 40, 41, 42, 43, 44, and 45 of the said Rules are repealed.

(2) The following Rules are made in lieu thereof.

Issues for Trial.

40. (a) Within ten days after the Court has cognizance of an industrial dispute under the provision of section 19 of the Act or after notice from the Registrar where plaints or orders of reference have already been filed, the claimant shall lodge a statement of the case he proposes to prove in respect of each claim, and the evidence he proposes to call in support thereof.

(b)The respondent shall if called upon by the Court and within such time as the Court directs also file a statement of the case he proposes to submit in reply, stating specifically the items in dispute and the facts set out in the claimant’s statement of the case which are disputed.

Evidence.

41. (a) The parties may, with the statement or reply, file written statements of the evidence proposed to be proved by witnesses whom they wish to call, or whose evidence they wish to submit.

(b)If the written statements submitted are not, in the opinion of the Court, sufficient, further statements may be required or evidence may be required orally or by affidavit or by declaration.

(c)When an industrial dispute is first called on in Court no witnesses need attend.

C.6359.—Price 3d.

 

The Hearing.

42. After the case has been opened by the representatives of the parties the matters then in dispute will be dealt with at a round-table conference unless and until the Court desires evidence on any matter which it does not see fit to settle on the statements submitted, and on information obtained at the conference or by inspections or otherwise.

The Award.

43. After judgment on the matters in dispute has been delivered, the proposed award will be submitted to the parties. Any party desiring to do so may within seven days or such further time as the Court may allow submit any suggestions thereon in writing for the consideration of the Court before the final award is made.

Variations of Awards.

44. When an application to vary an award is lodged, the grounds upon which the application is based shall also be lodged and a statement of the circumstances which have arisen since the award was made, which in the opinion of the applicant, would cause any condition of the award to be unjust unless the award is varied. A copy of the statement referred to shall be served on the party to be affected or his representative, with the summons issued on the application to vary.

Interpretations of Awards.

45. When an application for interpretation of any word or clause in an award is lodged the applicant shall lodge therewith a statement setting out the interpretation claimed and any reasons the applicant proposes to advance for the interpretation claimed.

CHAS. POWERS, President.

(l.s.) JOHN QUICK, Deputy President.

N. A. WEBB, Deputy President.

A. M. STEWART,

Industrial Registrar.

Approved in Executive Council, the thirtieth day of April, 1924.

STRADBROKE,

Deputy of the Governor-General.

By His Excellency’s Command,

LITTLETON E. GROOM.

Attorney-General.

 

Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.