Industrial Magistrates Courts (General Jurisdiction) Amendment Regulations 2012 (WA)

31 July 2012 GOVERNMENT GAZETTE, WA 3683

IR301*

Industrial Relations Act 1979

Industrial Magistrates Courts (General

Jurisdiction) Amendment Regulations 2012

Made by the Governor in Executive Council.

1.             Citation

These regulations are the Industrial Magistrates Courts
(General Jurisdiction) Amendment Regulations 2012.

3684 GOVERNMENT GAZETTE, WA 31 July 2012

2.             Commencement

These regulations come into operation as follows —

(a)	regulations 1 and 2 — on the day on which these regulations are published in the Gazette;
(b)	the rest of the regulations — on the day after that day.

3.             Regulations amended

These regulations amend the Industrial Magistrates Courts
(General Jurisdiction) Regulations 2005.

4.             Regulation 3 amended

Delete regulation 3(1) and insert:

(1) Unless —

(a) a Court in a particular case orders otherwise; or

(b) these regulations provide otherwise,

the practice and procedure provided for in these
regulations applies in every case.

5.             Regulation 4 amended

(1) In regulation 4 insert in alphabetical order:

Board means the Construction Industry Long Service
Leave Payments Board established under the
Construction Industry Portable Paid Long Service

Leave Act 1985 section 5(1);

CIPPLSL case means any proceedings in a Court
involving or in connection with the Court’s jurisdiction
under section 83E in respect of a provision of the
Construction Industry Portable Paid Long Service
Leave Act 1985 that is specified to be a civil penalty

provision;

(2) In regulation 4 in the definition of default judgment delete “the
Act,”.

6.             Regulation 7 amended

Delete regulation 7(1)(n)(iii) and insert:

(iii)      except in a CIPPLSL case, to attend before the Court before trial to deal with case management, interlocutory and pre-trial issues;

31 July 2012 GOVERNMENT GAZETTE, WA 3685

7.             Regulation 8 amended

(1)	In regulation 8(2) delete “the Act,”.
(2)	After regulation 8(2) insert:

(3A) Without limiting regulation 6, the Court may exercise
its powers under subregulation (2) on the application of
a party or on its own initiative.

8.             Regulation 13 amended

(1) After regulation 13(2) insert:

(3A) The originating claim in respect of a CIPPLSL case
must not be served unless the clerk has recorded on the
claim the date set for the initial hearing of the trial
under regulation 35A.

(2)	After regulation 13(4) insert:
(5) Without limiting subregulation (4), if, at the initial hearing of a CIPPLSL case, the Court specifies a time within which a counterclaim or third party claim in the case may be made, the counterclaim or third party claim must be made within that time.

9.             Regulation 14 amended

(1)	In regulation 14(1) delete “A party” and insert:
Except in a CIPPLSL case, a party
(2)	In regulation 14(2) delete “The party” and insert:
Except in a CIPPLSL case, the party
(3)	After regulation 14(2) insert:

(3A) A party against which a claim in a CIPPLSL case is
made must —

(a)	complete the response included with the claim served on the party, and lodge it; and
(b)	after lodging the response, serve it,

within 28 days after the service of the claim.

3686 GOVERNMENT GAZETTE, WA 31 July 2012

10.           Regulation 16A inserted

At the beginning of Part 4 insert:

16A.	Application of Part
This Part does not apply to CIPPLSL cases.

11.           Regulation 34 amended

In regulation 34(1) delete “regulation 22.” and insert:

regulation 22 or 35A.

12.           Regulation 35A inserted

After regulation 34 insert:

35A.	Initial hearing for CIPPLSL cases
(1)	At the initial hearing of a trial of a CIPPLSL case the Court may do any or all of the following —

(a)	give directions as to how the material necessary to determine the trial is to be presented;
(b)	give directions setting the date, time and length of time for the hearing of the trial;
(c)	set a final hearing date.

(2) At the initial hearing the Court may make any order
that concludes the trial.

13.           Regulation 41 amended

(1)	In regulation 41(2) after “the order” insert:
in relation to a case other than a CIPPLSL case
(2)	After regulation 41(2) insert:
(3) When a Court sets aside the order in relation to a CIPPLSL case it must list the case for hearing and notify the parties in writing.

31 July 2012 GOVERNMENT GAZETTE, WA 3687

14.           Regulation 53 amended

In regulation 53(3):

(a) in paragraph (b)(ii) delete “the business.” and insert:

the business;

(b) after paragraph (b) insert:

or

(c) in a CIPPLSL case, by delivering it, or sending it by pre-paid post, to the person’s address last known to the Board.

15.           Regulation 54 amended

In regulation 54(2):

(a) in paragraph (b) delete “public authority.” and insert:

public authority; or

(b)	after paragraph (b) insert:
(c) in a CIPPLSL case, if no address for service has been provided under regulation 52(1), by delivering it, or sending it by pre-paid post, to the public authority’s address last known to the Board.

16.           Regulation 55 amended

In regulation 55(3):

(a) in paragraph (b) delete “the corporation.” and insert:

the corporation; or

(b)	after paragraph (b) insert:
(c) in accordance with the Corporations Act 2001 (Commonwealth) section 109X if the corporation is a company within the meaning of that Act.

By Command of the Governor,

N. HAGLEY, Clerk of the Executive Council.