Inter-State Commission Rules of Practice 1914 (Cth)

STATUTORY RULES.

1914. No. 129.

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PROVISIONAL REGULATIONS UNDER THE INTER-STATE COMMISSION ACT 1912.

I, THE GOVERNOR-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby certify that, on account of urgency, the following Regulations under the Inter-State Commission Act 1912 should come into immediate operation, and make the Regulations to come into operation forthwith as Provisional Regulations.

Dated this 18th day of August, One thousand nine hundred and fourteen.

R. M. FERGUSON,

Governor-General,

By His Excellency’s Command,

LITTLETON E. GROOM,

Minister for Trade and Customs.

RULES OF PRACTICE BEFORE THE INTER-STATE COMMISSION OF AUSTRALIA IN THE EXERCISE OF ITS JUDICIAL POWERS.

RULE I.

Short Title.

These Regulations may be cited as the Inter-State Commission Rules of Practice 1914.

RULE II.

Interpretation.

In these Regulations, unless the contrary intention appears:—

“Common Carrier” includes the Railway Commissioners, and any persons or authorities controlling the railways, ferries, or other carrying agencies, of the Commonwealth, or of a State;

“Documents” includes books, papers, and writings;

“Order” includes adjudication, determination, decision, and award;

“Party” includes a State, or State authority being a party,

“State Authority” means any authority constituted under a State;

C.3260.—Price 5d.

 

“The Act” means the Inter-State Commission Act 1912;

“The Commission” means the Inter-State Commission as constituted pursuant to the Constitution and the Inter-State Commission Act 1912;

“The Constitution” means the Constitution of the Commonwealth of Australia;

“The Secretary” means the Secretary to the Commission.

RULE III.

Sittings.

The sittings of the Commission for hearing of complaints shall be held in Melbourne, or in any such part of Australia, in such place or places, and at such time or times, as may be fixed by the Commission.

RULE IV.

Information as to Procedure.

The Secretary may, upon request, advise any party as to the form of petition, answer, or other document necessary to be filed in any case.

RULE V.

Documents for the Commission.

All complaints concerning anything done, or omitted to be done, by any person, corporation, party, or common carrier, and all documents in any proceeding, or applications in relation thereto, shall be sent addressed to, or left with, the Secretary.

RULE VI.

Case Numbers.

The Secretary shall assign to each case a number which the parties shall, before filing, place on all subsequent documents in relation thereto.

RULE VII.

Form And Size Of Documents Filed.

So far as practicable, all documents filed with the Commission in any proceeding shall be printed or typewritten on one side of the paper only, and shall be upon paper eight and one-quarter by thirteen and a quarter inches in size (foolscap folio), leaving a margin of one quarter on the left side. Each page shall be numbered.

RULE VIII.

Parties to Proceedings.

The party who invokes the jurisdiction of the Commission shall be called the plaintiff, and the party who answers, or moves to dismiss, shall be called the defendant, and the party who intervenes shall be called the intervener.

 

RULE IX.

Defendants in Particular Cases.

(1) Where a complaint relates to any rate, preference, advantage, prejudice, disadvantage, discrimination, or practice of a common carrier, no other common carrier need be made a party defendant thereto, but where a complaint relates to matters in which two or more common carriers, engaged in transportation by continuous carriage or shipment, are interested, all the common carriers participating in the carriage or shipment may properly be made parties defendant thereto.

(2) Where a complaint relates to any rate, preference, advantage, prejudice, disadvantage, discrimination, or practice of common carriers operating different lines, and the object of the proceedings is to secure correction thereof on each of the lines, all the common carriers operating such lines shall be made parties defendant thereto.

RULE X.

Intervention.

(1) Any public authority desiring to appear in pursuance of section twenty-six of the Act in opposition to a complaint shall make application in writing for leave to intervene. The application shall set forth the grounds upon which intervention is desired.

(2) A person who desires to intervene shall make application in writing setting out the grounds on which he claims to be interested.

(3) The Commission may by order permit intervention to such extent and upon such terms as it thinks just.

RULE XI.

Complaints, How Made.

(1) Complaints may be made by petition setting forth the facts claimed to constitute a violation of the law. The plaintiff shall furnish to the Secretary as many copies of the petition as there are defendant parties to be served, and, in addition, four copies for the use of the Commission.

(2) The Commission will cause a copy of the petition, and a notice to answer the same within a specified time, to be served upon each defendant or his solicitor.

(3) Complaints which involve the same, or substantially the same, principle, subject, or state of facts, even though two or more rates are alleged to be unreasonable or discriminatory, and numerous shipments or consignments are affected thereby, should be included in one complaint, in which the several rates, discriminations, and shipments or consignments shall be set out in items, exhibits, or paragraphs.

(4) If the subject of complaint the principle involved, and the state of facts, are substantially the same in each case, two or more plaintiffs may join in one complaint against one or more defendants, and one plaintiff may make a single complaint against two or more defendants.

RULE XII.

Procedure under Section 27.

Before the Commission of its own motion summons before it any State authority, common carrier, or person who it has reason to believe has done anything, or left anything undone, in contravention of the Act, or of the provisions of the Constitution relating to trade and commerce,

 

or of any law thereunder, an order will be made by it that it intends so to proceed under section twenty-seven of the Act and such order shall be filed by the Secretary.

RULE XIII.

Procedure under Section 28.

An application in pursuance of section twenty-eight of the Act for the consent of the Commission to any reference of any complaint, dispute, question, or difference relating to external or inter-State commerce to the Commission for decision shall be made by petition or in such other manner as the Commission may direct, and such consent, if granted, shall be in writing and shall be filed by the Secretary.

RULE XIV.

Answers.

(1) A defendant on whom a notice to file an answer to a petition has been served by the Commission shall answer within thirty days from the date of the service of the notice, but the Commission may, upon motion, order the answer to be filed within a shorter period. The time for answering a petition may, upon cause shown, be extended by the Commission. The original answer must be filed with the Secretary, at the office of the Commission in Melbourne, and a copy thereof shall be forthwith served by the defendant upon the plaintiff, who must forthwith notify the Secretary of its receipt.

(2) The answer to a petition must specifically state which of the allegations of the petition the defendant admits or denies, and must set forth any facts which will be relied upon to support such answer.

(3) If the defendant makes satisfaction before answering the petition, a written acknowledgment thereof showing the character and extent of the satisfaction given, must be filed by the plaintiff with the Secretary, and in that case the fact and manner of satisfaction, without other matter, may be set forth in the answer.

(4) If satisfaction is made after the filing and service of an answer a written acknowledgment thereof, showing the character and extent of the satisfaction given must be filed by the plaintiff with the Secretary, and a supplemental answer setting forth the fact and manner of satisfaction must be filed in like manner by the defendant.

RULE XV.

Notice of Hearing in Lieu of Answer.

(1) A defendant who deems the petition insufficient to show a cause of complaint may, instead of answering, serve on the plaintiff notice of hearing on the petition, and, in such case, the facts stated in the petition will be deemed to be admitted.

(2) A copy of the notice of hearing must forthwith be filed by the defendant with the Secretary.

RULE XVI

Motions.

(1) Except by leave of the Commission all motions shall be reduced to writing, filed with the Secretary, and shall contain a brief statement of the grounds and objects of the motion.

 

(2)Motions shall be set down for hearing at such places and times as may be fixed by the Commission, but so that not less than fourteen days’ notice of the date of hearing be given to the opposite party.

(3) The Commission may, for cause shown, reduce the time of notice of hearing of any motion.

RULE XVII.

Motions to Dismiss.

(1) A motion to dismiss a petition for want of jurisdiction, or on the ground of insufficiency, as not setting forth a legal right to relief, may be made at any time before answer filed, or at the final hearing.

(2) A motion to dismiss the answer on the ground that no defence is set forth may be made at any time within fourteen days after the answer has been filed, or may be made at the final hearing.

RULE XVIII.

Service.

(1) Copies of notices or other documents to be served upon any party shall, unless the Commission otherwise orders, be served personally, but when any party is represented by a solicitor, service upon such solicitor shall be deemed personal service upon the party.

(2) In any case in which service of any document is required by these rules or otherwise, if it is made to appear to the Commission that prompt personal service cannot be effected, the Commission may, upon motion, make such order for substituted or other service, or for the substitution of notice for service by public advertisement, or otherwise, as it deems just.

(3) An address for service of documents or notices issuing from the Commission shall be given by each party to any proceeding instituted before the Commission, and such address shall be in Melbourne, or in the capital or other city of some State or Territory of the Commonwealth.

RULE XIX.

Amendments.

Upon the application of any party, the Commission may, in its discretion, allow amendments to any petition or answer in any proceeding, and may, upon motion, order that any party be excused from the observance of any rule either absolutely or upon terms.

RULE XX.

Adjournments and Extensions of Time.

Upon the application of any party, the Commission may, subject to such terms and conditions as it deems just, grant adjournments and extensions of time.

RULE XXI.

Admissions.

The parties to any proceeding before the Commission may, in writing, filed with the Secretary, agree upon the facts, or any portion thereof, involved in the controversy, and the Commission may, as between these parties, act thereon as if the facts as agreed upon had been proved in evidence.

 

RULE XXII.

Hearings.

(1) After issue has been joined by the service of an answer, or after a notice of hearing on the petition has been filed, the Commission will fix a time and place for hearing the case. Notice in writing of the day, and hour, and place of hearing, shall be posted by the Secretary to the parties at least fourteen days before the time fixed therefor.

(2) Subject to admissions by either party, each party must establish the facts relied on by him in his petition, answer, or motion.

(3) In case of failure to answer, the Commission may require such proof of the facts alleged as it thinks fit.

(4) All cases shall be orally argued, unless otherwise ordered by the Commission

RULE XXIII.

Depositions.

(1) Subject to the approval of the Commission, the evidence of any witness may, at the instance of a party in any case before the Commission, be taken by deposition at any time after the parties are at issue.

(2) The Commission may order evidence to be taken by deposition, in any proceeding pending before it, at any stage of such proceeding.

(3) Such depositions may, with his consent, be taken before a Judge of the High Court, or a Judge of a Supreme Court of a State or Territory, or may be taken before any other person appointed or authorized by the Commission to take depositions.

(4) Reasonable notice must be given in writing by the party proposing to take such deposition to the opposite party, which notice shall state the name of the witness, and the time and place of the taking of his deposition, and a copy thereof shall be filed with the Secretary.

(5) When evidence is to be taken on behalf of any authority, or person, or corporation, in any proceeding initiated by the Commission on its own motion, reasonable notice thereof in writing must be given by such authority, person, or corporation, to the Secretary.

(6) Every person whose deposition is taken shall be examined on oath or affirmation, and his evidence shall be reduced to writing (which may be typewriting) by the Judge or other person taking the deposition, or by some person under his direction, and shall, after it has been reduced to writing, be subscribed by the witness and the Judge or other person taking the deposition.

(7) If a witness whose evidence it is desired to take by deposition is in a foreign country the deposition may be taken before an officer or person designated by the Commission, or, subject to the approval of the Commission, before an officer or person agreed upon by the parties in writing filed with the Secretary.

(8) All depositions taken must forthwith be filed with the Secretary.

RULE XXIV.

Witnesses and Subpœnas.

(1) Subpœnas requiring the attendance of witnesses for the purpose of giving evidence before the Commission, or by deposition, will, upon the application of either party, be issued by the Chief Commissioner.

 

(2) Subpœnas for the production of documents (unless directed to be issued by the Commission upon its own motion) will only be issued upon application in writing; and when it is sought to compel any witness, not a party to the proceeding, to produce any documents, the application must be supported by an affidavit specifying, as nearly as may be, the documents in the possession of the witness or under his control desired to be produced and setting out facts raising prima facie proof that they contain evidence material to the application.

(3) An application to compel a party to a proceeding to produce documents need only set forth in a general way the documents desired to be produced, and that the applicant believes they will be of service in the determination of the case.

RULE XXV.

Documentary Evidence.

Where relevant and material matter tendered in evidence is embraced in a document, containing other matter not material or relevant to the case, and not intended to be put in evidence, if the Commission so requires, the party tendering the document shall present, in a convenient and proper form for filing, a copy of the material and relevant matter, and that only shall be received and allowed to be filed as evidence and made part of the record in the case.

RULE XXVI.

Briefs.

Where any party is represented by a solicitor, the Commission may require four printed or typewritten briefs, containing an abstract of the arguments and a list of the authorities to be cited, to be filed with the Secretary within such period as may be fixed by the Commission.

RULE XXVII.

Application to Review.

An application to review, or rescind, or vary any order made by the Commission must be by motion, and must be in writing setting out specifically the grounds upon which the application is based. Four copies of such application must be filed with the Secretary.

RULE XXVIII.

Copies of Documents or Testimony.

(1) Copies of any decision, order, or requirement of the Commission, will be furnished, without charge, upon application to the Secretary by any party to the proceedings.

(2) One copy of the evidence will be furnished, without charge, by the Commission for the use of the plaintiff, and one copy for the use of the defendant; and, when two or more plaintiffs or defendants have appeared at the hearing, such copies will only be supplied to such persons in their behalf as may be designated by them, in writing, to the Secretary.

RULE XXIX.

Compliance with Orders.

When, after hearing, an order against any defendant has been issued by the Commission, such defendant must, within the time limited by the order for compliance therewith, notify the Secretary that he has complied with the order.

 

RULE XX

Allowance to Witnesses.

(1) When the sittings of the Commission are held in any State or Territory the expenses payable to witnesses attending to give evidence before the Commission shall be, as nearly as may be, on the same scale as such witnesses would be entitled to if they were attending to give evidence before the Supreme Court of the State or Territory in which the Commission is sitting, or shall, in the discretion of the Chief Commissioner or Chairman, be such amount or amounts as he may certify in writing.

(2) A witness (not appearing before the Commission) whose evidence is taken by deposition in any proceeding instituted by any party shall be entitled to the same expenses as are paid for like services in the Supreme Court of the State or Territory where such evidence is taken, and such expenses shall be paid by the party at whose instance the evidence is taken.

RULE XXXI.

Schedule.

The forms in the Schedule to these rules shall be used for the purposes to which they are respectively applicable, with such variations as circumstances require.

 

SCHEDULE.

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FORMS.
No.	1.	—Complaint (General).
No.	2.	—Complaint against one carrier.
No.	3.	—Complaint against two or more carriers.
No.	4.	—Answer.
No.	5.	—Notice under Rule XV.
No.	6.	—Subpœna.
No.	7.	—Notice of taking depositions.

No. 1.

Commonwealth of Australia.

Complaint (General.)

The Inter-State Commission.

A.B.

against

C.D.

(Full title, whether of corporate plaintiffs or defendants, must be given, and not abbreviated. Full names of individual plaintiffs must also be given.)

The petition of the above-named plaintiff respectfully shows:—

1. That (here let plaintiff state his occupation and place of business).

2. That the above-named defendant is (title or name of defendant, occupation, and place of business to be stated) and is engaged in Inter-State business of (or specify the function exercised).

3. That (here state the matters complained of in numbered paragraphs).

Wherefore the plaintiff prays that the defendant may be required to answer the charges herein, and that after due hearing an order be made commanding the defendant to cease and desist from the violation of the law complained of, and for such other and further order as the Commission may deem necessary in the premises. (The prayer may be varied so as to ask also for the ascertainment of lawful rates and an order requiring the defendant to conform thereto. If reparation for any wrong or injury is desired, the plaintiff should state the nature and extent of the reparation he deems proper.)

Dated at 191 .

A.B.

Signature of Plaintiff.

No. 2.

Commonwealth of Australia.

Complaint against One Carrier.

The Inter-State Commission.

A.B.

against

C.D.

(Full title, whether of corporate plaintiffs or defendants, must be given, and not abbreviated. Full names of individual plaintiffs must also be given.)

The petition of the above-named plaintiff respectfully shows:—

1. That (here let plaintiff state his occupation and place of business).

2. That the above-named defendant is a common carrier engaged in the transportation of passengers and/or goods by (here insert “railroad” or “road” or “water” or “railroad and water,” &c, as the case may be), between points in the State of and points in the State of

3. That (here state the matters complained of in numbered paragraphs).

Wherefore the plaintiff prays that the defendant may be required to answer the charges herein, and that after due hearing and investigation an order be made

commanding the plaintiff to cease and desist from the violations of the law complained of, and for such other and further order as the Commission may deem necessary in the premises. (The prayer may be varied so as to ask also for the ascertainment of lawful rates or practices and an order requiring the carrier to conform thereto. If reparation for any wrong or injury is desired the plaintiff should state the nature and extent of the reparation he deems proper.)

Dated at 191 .

A.B.,

(Plaintiff’s Signature.)

No. 3.

Commonwealth of Australia.

Complaint against two or more Carriers.

The Inter-State Commission.

A.B.

against

C.D.

& E.F.

(Full title, whether of corporate plaintiffs or defendants, must be given, and not abbreviated. Full names of individual plaintiffs must also be given.)

The petition of the above-named plaintiff respectfully shows:—

1. That (here let plaintiff state his occupation and place of business).

2. That the above-named defendants are common carriers engaged in the transportation of passengers and/or goods by continuous carriage or shipment, by (here insert “railroad” or “road” or “water” or “railroad and water,” &c., as the case may be), between points in the State of and points in the State of

3. That (here state the matters complained of in numbered paragraphs).

Wherefore the plaintiff prays that the defendant may be required to answer the charges herein, and that after due hearing and investigation an order be made commanding the plaintiff to cease and desist from the violations of the law complained of, and for such other and further order as the Commission may deem necessary in the premises. (The prayer may be varied so as to ask also for the ascertainment of lawful rates or practices and an order requiring the carriers to conform thereto. If reparation for any wrong or injury is desired the plaintiff should state the nature and extent of the reparation he deems proper.)

Dated at 191 .

A.B.,

(Plaintiff's Signature.)

No.4.

Commonwealth of Australia.

Answer.

The Inter-State Commission.

A.B.

against

C.D.

The above-named defendant, for answer to the complaint in this proceeding, respectfully states:—

1. That (here set out the admissions, denials, and averments made or relied on by the defendant. Each succeeding paragraph to be numbered, 2, 3, 4, and so on).

Wherefore the defendant prays that the complaint in this proceeding be dismissed.

Dated at 191 .

C.D.,

(Defendant’s Signature.)

No. 5.

Commonwealth of Australia.

Notice of Hearing under Rule XV.

The Inter-State Commission.

A.B.

against

C.D.

Notice is hereby given, under Rule XV. of the Inter-State Commission Rules of Practice 1914, that a hearing is desired in this proceeding upon the facts as stated in the complaint.

Dated at 191 

C.D.,

(Defendant’s Signature.)

No. 6.

Commonwealth of Australia.

Subpœnas.

The Inter-State Commission.

To

You are hereby required to attend the Inter-State Commission in the matter of a complaint of against   as a witness on the part of  , at  , on the  day of  19 , at  o’clock  , and thereafter from day to day until discharged from attendance, and to give evidence and to produce the books, documents, and writings set out hereunder.

Dated at this day of 19

(Seal or Stamp

of

Commission.) Chief Commissioner.

A.B., for

(Here set out name and address of the party or solicitor on whose application subpœna is issued.)

(Notice.—Expenses for attendance under this subpœna are to be paid by the party at whose instance the witness is summoned, and every copy of this summons for the witness must contain a copy of this notice.)

No. 7.

Commonwealth of Australia.

Notice of Taking Depositions.

The Inter-State Commission.

A.B.

against

C.D.

You are hereby notified that G.H. will be examined before I.J. (title of Judge or person appointed, authorized, or approved by Commission), at on the  day of  191 , at  o’clock in the  noon, as a witness for the above-named plaintiff (or defendant, as the case may be), at which time and place you are notified to be present and to take part in the examination of the said witness.

Dated 19

(Signature of plaintiff, or defendant, or solicitor.)

To the above-named plaintiff (or the above-named defendant; or to K.L., solicitor for the above-named plaintiff or defendant as the case may be).

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

C.3260.—Price