Seamen's Compensation Regulations 1918 (Cth)
STATUTORY RULES.
_______
REGULATIONS UNDER THE SEAMEN’S COMPENSATION ACT 1911.
I,
THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the
advice of the Federal Executive Council, hereby make the following Regulations,
under the
Dated this twenty-sixth day of June, 1918.
R. M. FERGUSON,
Governor-General.
By His Excellency’s Command.
J. A. JENSEN,
Minister of State for Trade and Customs.
________
SEAMEN’S COMPENSATION REGULATIONS.
Part I.—Preliminary.
Part I.—Preliminary.
Part II.—Application for and Procedure on Arbitration—
Division 1.—Applications for Arbitration.
Division 2.—Proceedings in Arbitration before Judge.
Division 3.—Proceedings before Arbitrator appointed by County Court.
Division 4.—General provisions as to Arbitration.
Division 5.—Detention of ships.
Division 6.—Appointment of new Arbitrator.
Division 7.—Registration, Reference and Removal of Memoranda and Agreements.
Division 8.—Payment and Investment of Moneys and Suspension of Payments.
Division 9.—Miscellaneous.
Part III.—Times for examination of seamen by a medical practitioner paid by employer.
Part IV.—Duties and remuneration of medical referees under provisions of First and Second Schedules of the Act.
Division 1.—General.
Division 2.—References under Schedule I., paragraph (13).
Division 3.—References under Schedule I., paragraph (19).
Division 4.—References under Schedule II., paragraph (12).
Part V.—Miscellaneous.
“Agreed Arbitrator” means a single arbitrator agreed on by the parties to settle any matter which, under the
Seamen’s Compensation Act 1911, is to be settled by arbitration.“Appointed Arbitrator" means a single arbitrator appointed by the judge.
“Committee” means a committee representative of an employer and his seaman, with power to settle matters under the
Seamen's Compensation Act 1911, in the case of employer and seamen:“County Court” means a County Court, District Court, or Local Court of any State, or any Court exercising in any part of the Commonwealth a limited civil jurisdiction and presided over by a judge, or a police, stipendiary, or special magistrate:
“Dependants” means such of the members of the seaman's family as were wholly or in part dependent upon the earnings of the seaman at the time of his death, or who would, but for the incapacity due to the accident, have been so dependent, and where the seaman—
(
a ) being the parent or grandparent of an illegitimate child, leaves the child so dependent upon his earnings, or(
b ) being an illegitimate child, leaves a parent or grandparent so dependent upon his earnings,includes such an illegitimate child and parent or grandparent respectively:
“Employer” includes any body of persons corporate or unincorporate, and the legal personal representative of a deceased employer, and, where the services of a seaman are temporarily lent or let on hire to another person by the person with whom the seaman has entered into a contract of service or apprenticeship, the latter shall for the purposes of these Regulations, be deemed to continue to be the employer of the seaman whilst he is working for that other person:
“Judge” means the Judge of a County Court as defined in this Regulation:
“Medical Referee” means a medical practitioner appointed by the Minister to act as medical referee for the purposes of the
Seamen’s Compensation Act 1911:“Prescribed Authority” means the Collector of Customs for the State in which the proceedings are commenced, the High Commissioner for the Commonwealth and any officer of his staff thereto authorized in writing by him:
“Reference” means—
(
a ) in Regulations in Division 2 of Part IV., the appointment of a medical referee by the prescribed authority, to give a certificate, in accordance with the provisions of paragraphs (13), (14), and (15) of the First Schedule to theSeamen’s Compensation Act 1911, as to the condition of the workman and his fitness for employment, or as to whether or to what extent the incapacity is due to the accident.(
b ) In Regulations in Division 3 of Part IV., the appointment of a medical referee by the prescribed authority to give a certificate, in accordance with the provisions of paragraph (19) of the First Schedule to theSeamen’s Compensation Act 1911, as to whether the incapacity resulting from the injury is likely to be of a permanent nature.(
c ) In Regulations in Division 4 of Part IV., the appointment of a medical referee by a committee, arbitrator, or judge, to report on any matter material to any question arising in an arbitration under theSeamen’s Compensation Act 1911.“Registrar” means a Registrar, Deputy Registrar, or Assistant Registrar of a County Court as defined by this Regulation:
“Seaman” includes master, officer, apprentice, pilot, or other person employed or engaged in any capacity on board a ship in connexion with the navigation or working of the ship:
“Ship” includes every vessel used in navigation not ordinarily propelled by oars:
“The Act” means the
Seamen’s Compensation Act 1911:“The Schedule” means the Schedule to these Regulations:
“Vessel” means any ship, boat, or any other description of vessel for any purpose on the sea or in navigation.
Part II.—Application for and Procedure on Arbitration.
(2) In any case in which both the principal contractor and a contractor with him are alleged to be liable to pay compensation under the Act, all persons may be joined as respondents against whom the right to any relief is alleged to exist, whether jointly, severally, or in the alternative.
Provided that, if there be any conflict of interest between the dependants themselves or if any dependants neglect or refuse to join in an application, the application may be made by or on behalf of some only of the dependants, the other dependants in either case being named as respondents.
(2) In the construction of this regulation the term “dependants” shall include persons who claim or may be entitled to claim to be dependants but as to whose claim to rank as dependants any question arises.
(2) In any such case, if the employer has paid the agreed or ascertained amount of compensation, it shall not be necessary to make him a respondent, but if the compensation or any part thereof is still in his hands he shall be made a respondent.
(3) The employer, if made a respondent, may pay the amount of compensation in his hands into the County Court in the place in which the proceedings have been commenced, to be dealt with as the judge or arbitrator directs, and thereupon further proceedings against him shall be stayed.
(2) If there is no legal personal representative, the application may be made by any person to whom any such expenses are due, and any other person known to the applicant as a person to whom any such expenses are due shall be joined in the application, either as an applicant or respondent.
(3) In any case in which application is made for the settlement by arbitration of the amount payable in respect of medical attendance on and the burial of a deceased seaman, the amount awarded, if insufficient for the payment of the expenses in full, shall be apportioned between the persons to whom the expenses are due in such manner as the judge or arbitrator directs.
(2) Particulars shall be appended or annexed to the request containing—
(
a ) A concise statement of the circumstances under which the application is made, and the relief or order which the applicant claims:(
b ) The date of service of notice of the accident on the employer, or, if such notice has not been served, the reason for such omission:(
c ) In cases of a seaman lost with his ship the date on which the ship was lost or is deemed to have been lost:(
d ) The full names and addresses of the respondents and on the applicant and of his solicitor, if the proceedings are commenced through a solicitor.
(2) A copy of the notice of the accident shall be appended or annexed to the particulars, and if a copy of such notice is not so appended or annexed the reason for the omission shall be stated in the particulars.
(2) Particulars shall be appended or annexed to the request containing—
(
a ) a concise statement of the circumstances under which the application is made;(
b ) a statement whether the applicant admits his liability to pay compensation, or denies such liability, wholly or partially with (in the latter case) a statement of the grounds on and extent to which he denies liability;(
c ) a statement of the matters which the applicant desires to have settled by arbitration; and(
d ) the full names and addresses of the respondents and of the applicant, and of his solicitor, if the proceedings are commenced by a solicitor.
(2) The day shall be so fixed as to allow the copies and the request and particulars to be served on the respondents at least twenty clear days before the day so fixed.
(2) Where the request is filed by an employer, the notice to be served on the respondents shall be modified by the omission of the words therein relating to denial or admission of liability or compensation.
(2) The copies and notices mentioned in the last preceding Regulation may be served—
(
a ) by a bailiff of a court; or, at the request of the applicant or his solicitor,(
b ) by the applicant, or some clerk or servant in his permanent and exclusive employ; or (
c ) by the applicant’s solicitor, or a solicitor acting as agent for such solicitor, or some person in the employ of either of them, or some person employed by either of them to serve such copies and notices.
(3) Service may be effected by delivering the copy and notice to the person on whom it is to be served, or by sending it by post in a registered letter addressed to him at his residence or place of business in accordance with the provisions of sub-actions (3) (4) and (5) of section 6 of the Act.
(4) Where service is effected otherwise than by a bailiff, a copy of the document served with the date and mode of service indorsed thereon shall, within three clear days next after the date of service, or such further time as may be allowed by the Registrar of the court issuing such document, be delivered or transmitted to the Registrar by the applicant. The applicant shall also (unless the respondent files an answer) after the time limited for filing an answer, deliver or transmit to the Registrar an affidavit of the service of such according to Form 10 in the Schedule with such variations alterations and additions as the circumstances of the case require.
(5) Where a document is served by post it shall, unless the contrary be proved, be deemed to have been served at the time when the letter containing the same would have been delivered in the ordinary course of post, and in proving the service of the document it shall be sufficient to prove that the same was properly addressed and registered.
(6) Subject to the provisions of section 6 of the Act as to the service of the notice of accident and the claim for compensation, any document, notice, or proceeding to be served on the owners or charterers of a ship shall be deemed to be sufficiently served if served on the managing owner or charterer or the manager for the time being of the ship, or (except where the master is claiming compensation) on the master of the ship.
(2) The respondent shall with the answer file copies thereof for the applicant and the judge, and one copy for each of the other respondents and the Registrar shall within twenty-four hours after receiving the copies transmit the same by post to the applicant and the other respondents respectively, and may post or deliver a copy to the judge.
(3) Subject to any answer so filed the applicant’s particular and, in the case of a claim for compensation, the liability to pay compensation under the Act, shall be taken to be admitted:
Provided that in case of non-compliance with this regulation, and of the applicant not consenting at the arbitration to permit a respondent to avail himself of any matter of which he should, pursuant to this regulation have given notice by filing an answer, the judge may on such terms as he thinks fit, either proceed with the arbitration and allow the respondent to avail himself of such matter, or adjourn the arbitration to enable the respondent to file such answer.
(4) The provisions of this regulation shall, with the necessary modifications, apply to a case in which a request for arbitration is filed by an employer; but a respondent who fails to file an answer shall not be taken to admit the truth of any statement in the applicant's particulars in which he denies, wholly or partially, his liability to pay compensation.
20. (1) Where a respondent from whom compensation is claimed admits liability he may at any time before the day fixed for proceeding with the arbitration—
(
a ) where the application is made by an injured seaman—file with the Registrar a notice that the respondent submits to an award for the payment of a weekly sum, to be specified in the notice; or(
b ) where the application is made on behalf of the dependants of the deceased seaman, or for the settlement of the sum payable in respect of medical attendance on and the burial of a deceased seaman who leaves no dependants—pay into the County Court in the place in which proceedings have been commenced such sum of money as the respondent considers sufficient to cover his liability in the circumstances of the case.
(2) The Registrar shall within twenty-four hours from the time of any notice filed or payment made, pursuant to the last preceding sub-regulation, send notice thereof (with, where notice is filed, a copy of the notice) to the applicant and to the other respondents (if any).
(3) If the applicant is a seaman, and elects to accept in satisfaction of his claim the weekly payment specified in the respondent’s notice, he shall send to the Registrar and to the respondent by post, or leave at the Registrar’s office and at the residence or place of business of the respondent, a written notice according to Form 15 in the Schedule stating such acceptance, within such reasonable time before the day fixed for proceeding with the arbitration as the time of filing of notice of submission by the respondent has permitted.
(4) If the application for arbitration is made on behalf of the dependants of the deceased seaman, or for the settlement of the sum payable in respect of medical attendance and burial as foresaid, and the applicant is willing to accept the sum paid into court in satisfaction of the compensation payable to the dependants, or in respect of such medical attendance and burial the case may be) he shall send to the Registrar and to the respondent by post, or leave at the Registrar’s office and at the residence or place of business of the respondent, a written notice of such willingness, according to Form 15 in the Schedule within such reasonable time before the day fixed for proceeding with the arbitration as the time of payment into court by the respondent has permitted.
If there be any other respondents, the applicant shall in like manner give notice of such willingness to such respondents; and if any of such respondents are willing to accept the sum paid into court in satisfaction of the compensation as aforesaid they shall in like manner give notice of their willingness to the registrar and to the applicant and other respondents.
(5) If the applicant is a seaman and elects to accept in satisfaction of his claim the weekly payment submitted to by the respondent, or if in any other case the applicant and all the respondents give notice of their willingness to accept the sum paid into court, the following provisions shall apply:—
(
a ) Where the respondent submits to an award for the payment of a weekly sum, the judge may, on an application made to him forthwith, make an award directing payment of the weekly sum accordingly.(
b ) Where the respondent has paid money into court, further proceedings against such respondent shall be stayed, except as hereinafter mentioned; and(i) if the applicant and the other respondents agree as to the apportionment and application of the sum, the judge may on application made to him on behalf of or with the consent of all such parties, forthwith make an award for the apportionment and application;
(ii) in any other case the arbitration may proceed as between the applicant and the other respondents.
(
c ) The judge may, in his discretion, by his award order the respondent filing notice of submission to an award or paying money into court to pay such costs as the applicant and the other respondents, or any of them, may have properly incurred before the receipt of notice of submission to an award or payment into court, and his or their costs properly incurred in relation to notice of submission to an award or payment into court and of the notice of acceptance, including, if the judge on consideration of the facts of the case shall so order, any items which might have been allowed by order of the judge at the hearing of the arbitration.(
d ) If the applicant or any respondent intends to apply for costs, he shall give notice of his intention in his notice of acceptance according to Form 15 in the Schedule; or where the time of filing notice of submission to an award or the time of payment into court by a respondent does not permit of notice on acceptance being given, the applicant or any respondent may apply for costs without giving notice.
(6) Where any party has not given notice of acceptance in accordance with this regulation, he may nevertheless accept the weekly payments which the respondent has submitted to pay, or the sum paid into court, at any time before the arbitration is called on and opened subject to the payment of any costs which may have been reasonably incurred by the respondent since the date of filing notice of submission or the date of payment into court, and which may be allowed by the judge, and the judge may order any costs so allowed to be paid by the parties so accepting, and may order the costs to be set off against any costs payable to such party, or to be deducted from any weekly payments or compensation awarded to such party.
(7) In default of notice of acceptance by the applicant and all the respondents, the arbitration may proceed, but if no greater weekly payments or compensation is awarded than that which the respondent has submitted to pay or has paid into court, the respondent shall not be liable to pay any further costs than such as he might have been ordered to pay if the weekly payment offered or sum paid into court had been accepted, and the judge may order any costs incurred by the respondent after notice of submission to an award or payment into court to be paid by any party who has not given notice of acceptance of such weekly payment or sum, and may order the costs to be set off against any costs payable to such party, or to be deducted from any weekly payment or compensation awarded to such party. The judge may also order any costs incurred after notice of payment into court by any party who has given notice of acceptance to be paid by any other party who has not given such notice, and to be deducted from any compensation awarded to the last-mentioned party.
(8) The provisions of this regulation shall, with the necessary modifications, apply to a case in which an employer who has filed a request for arbitration admits liability to pay compensation.
(9) Where in the case of an injured seaman an employer admits liability, he may, at any time before the time fixed for proceeding with the arbitration, instead of filing a notice that he submits to an award for the payment of a weekly sum, file a notice that he submits to an award for the payment of a lump sum to be specified in the notice which he considers to be sufficient to cover his liability in the circumstances of the case, and may thereupon pay the sum into the County Court in which proceedings have been commenced, and the provisions of this regulation shall, with the necessary modifications, apply to a case in which an employer files a notice and pays money into court under this sub-regulation.
(10) An employer who denies liability may file a notice of submission to an award or pay money into court in accordance with this regulation, accompanied by a notice stating his name and address, and further stating that, notwithstanding such submission or payment, he denies his liability, together with as many copies of the notice as there are parties to whom notice of the submission or payment is to be sent, and the provisions of this regulation shall, with the necessary modification, apply to a case in which an employer files a notice of submission to an award or pays money into court under this sub-regulation, and a copy of the notice denying liability shall be sent by the Registrar to every person to whom notice of submission to an award or payment into court has to be sent.
Provided that if it appears to the judge before or at the arbitration that the notice of claim has not been served on the third party in time to enable him to appear on the day hereinbefore mentioned, or that for any other sufficient cause the third party is unable to appear on that day, the judge may adjourn the proceedings in the arbitration on such terms, as to costs or otherwise, as are just.
Provided that the judge may set aside or vary any award made by him against the third party under this regulation upon such terms as are just.
(2) If any person served with a notice under the last preceding sub-regulation (hereinafter called the “Third Party”) desires to dispute the applicant's claim in the arbitration as against the respondent on whose behalf the notice has been given, he must appear before the judge on the day fixed for proceeding with the arbitration, or on any day to which he may have received notice from the Registrar that the arbitration has been adjourned or postponed; and in default of his so doing he shall be deemed to admit the validity of any award made against such respondent as to any matter which the arbitrator has jurisdiction to decide in the arbitration as between the applicant and the respondent, whether the award is made by consent or otherwise:
Provided that if it appears to the judge before or at the arbitration that the notice of claim has not been served on the third party in time to enable him to appear on the day hereinbefore mentioned, or that for any other sufficient cause the third party is unable to appear on such day, the judge may adjourn the proceedings in the arbitration on such terms, as to costs or otherwise, as are just.
(3) The third party or the respondent may apply before or at the arbitration to the judge for directions, and the judge upon the hearing of the application, may, if it appears desirable so to do, give the third party leave to resist the claim of the applicant against the respondent upon such terms as are just, or to appear at the arbitration and take such part therein as is just, and generally may give such directions as he thinks proper.
(4) If the third party obtains leave to resist the claim of the applicant against the respondent, the provisions of regulation 25 as to costs shall apply.
(5) Nothing in this regulation shall empower the judge to decide (otherwise than by consent) any question as to the liability of the third party to indemnify the respondent, or to make any award in favour of the respondent against the third party, or to make any further or other order than that the third party shall not be entitled in any future proceedings between the respondent and such third party to dispute the validity of the award as to any matter which the judge has jurisdiction to decide in the arbitration as between the applicant and the respondent:
Provided that with the consent of the respondent and the third party—
(
a ) if the arbitration results in an award in favour of the applicant, or is finally decided in favour of the applicant otherwise than by an award, and the third party admits his liability to indemnify the respondent, the judge may, on application made to him at or after the hearing of the arbitration or the final decision thereof, make such award as the nature of the case requires in favour of the respondent against the third party; but execution thereon shall not issue without leave of the judge until after satisfaction by the respondent of the award against him or the amount recovered against him; or(
b ) the judge may, on an application for directions, order any question, as to the liability of the third party to make the indemnity claimed, to be settled, a between the respondent and the third party by arbitration after the arbitration between the applicant and the respondent, and may on the subsequent arbitration make such award as the nature of the case requires in favour of either party against the other.(
c ) the judge may decide all questions of costs as between the respondent and the third party and may order either of the parties to pay the costs of the other (including any costs payable by such party to any other party to the arbitration) or give such directions as to such costs as the justice of the case requires.
(2) Nothing herein contained shall prejudice the rights of the applicant against any respondent.
Provided that the burden of proof of any facts which are not admitted shall be the same, whoever the party may be by whom the request for arbitration is filed.
(2) The judge shall have power at any time to correct any clerical mistake or error or any admitted error or mistake in the award arising from any accidental slip or omission.
(3) The award shall be enforceable in the same manner as a judgment or order of the court.
(
a ) On an application being made for the settlement by arbitration of any matter, a judge of the County Court may (if, from the state of the business of the court, or for any other reason, a judge is unable to settle the matter within a reasonable time) appoint, by writing under his hand, and filed in the court, an arbitrator to settle the matter.(
b ) In case of the death or refusal or inability to act of an arbitrator appointed under this regulation, the judge may, on the application of any party, appoint a new arbitrator in accordance with this regulation.
(2) The Registrar shall transmit the copy of the request and of the appointment to the arbitrator, who shall, as soon as conveniently may be, appoint a day and hour for proceeding with the arbitration, in accordance with regulation 15.
Provided that—
(
a ) In any case coming within the provisions of paragraph (a ) or paragraph (b ) (i) of sub-regulation (5) of regulation 20, or in any other case in which, after an arbitrator has been appointed, but before the day fixed for proceeding with the arbitration, the parties agree upon an award, a judge may, on application made to him in or out of court on behalf of or with the consent of all parties, settle the matter himself; and thereupon the functions of the arbitrator as to the matter shall cease, and the Registrar shall forthwith inform him that the matter has been settled; and(
b ) Any application for the enforcement of or for staying proceedings on an award, which would in the case of an award made by the judge be required to be made to the judge shall, in the case of an award made by an arbitrator, be in like manner made to the judge.
(2) The case shall be intituled in the matter of the Act and of the arbitration, and shall be divided into paragraphs numbered consecutively, and shall state concisely such facts and documents as are necessary to enable the court to decide the questions of law raised thereby. Upon the hearing of the case the court and the parties shall be at liberty to refer to the whole contents of the documents, and the court shall be at liberty to draw from the facts and documents stated in the case any inference, whether of fact or of law, which might have been drawn therefrom if proved at the hearing of an arbitration.
(3) The case shall be signed by the chairman and secretary of the committee or by the arbitrator, and sent to the Registrar, and the court shall, as soon as conveniently may be, appoint a day and hour for hearing the case, and instruct the Registrar to give notice forthwith to the parties.
(4) The day shall be so fixed as to allow notice to be given ten days at least before the day fixed for the hearing, unless the court shall, with the consent of all parties, fix an earlier day.
(5) The Registrar shall, on the application and at the cost of any party, furnish him with a copy of the case.
(6) On the hearing of the case the court may, after deciding the question submitted, remit the case with a memorandum of its decision to the committee or arbitrator, for them or him to proceed thereon in accordance with the decision; or if the decision of the court on the question submitted disposes of the whole matter, the court may make an award in the arbitration in accordance with the decision.
(7) The court may remit the case to the committee or arbitrator for re-statement or further statement.
(8) The court shall have the same power over the costs of a special case as a judge has over the costs of an arbitration, or may direct that the costs shall be dealt with as costs attending the arbitration; and the provisions of the Act and these Regulations as to costs shall apply accordingly.
(2) The party appealing shall, within twenty-one days after the decision of order appealed against is made, serve the notice of appeal on the opposite party, and shall file a copy of the notice of appeal in the County Court and in the Registry of the High Court in the State of the Supreme Court of the State, as the case requires.
(3) The notice of appeal must state the grounds of appeal, and must set out the court to which the appeal is made.
(4) The Registrar or other proper officer of the County Court in which the notice of appeal is filed shall, forthwith after receiving it, send to the Registrar or other proper officer of the court to which the appeal is made, all such proceedings in the County Court as are necessary to the hearing of the appeal.
C.7057.—2
(
a ) in person;(
b ) by solicitor;(
c ) by counsel;
or, by leave of the judge or arbitrator, a party may appear—
(
d ) by a member of his family;(
e ) by a person in the permanent and exclusive employment of the party;(
f ) in the case of a company or corporation, by any director of the company or corporation, or by the secretary or any other officer or any person in the permanent and exclusive employment of the company or corporation;(
g ) by any officer or member of any society or other body of persons of which the party is a member or with which he is connected, or, where death results from the injury, by any officer or member of any society or other body of persons of which the deceased seaman was a member or with which he was connected; or(
h ) under special circumstances, by any other person.
(2) No person other than a solicitor who appears or acts on behalf of any party in any arbitration under the Act shall be entitled to have or recover any fee or reward for so appearing or acting, other than such travelling expenses, and (in the case of a seaman or a member of his family) allowance for time (if any) as is allowed by the judge or arbitrator:
Provided that nothing in these Regulations shall affect the right of counsel to appear or act in any arbitration, or the right of any solicitor to recover costs in respect of his employment of counsel to appear or act as aforesaid.
(2) The claim for compensation on behalf of the dependants of a seaman lost with his ship shall state the date on which the ship was lost or is deemed to have been lost.
(2) The application may (subject to
the provisions of sub-regulation 9 of this Regulation) be made
(3) The judge may, before granting the application, require the applicant to give or procure an undertaking, to the satisfaction of the judge, to abide by any order as to damages and costs which may be thereafter made, in case any person affected by the order for detention shall sustain any damages by reason of the order which the applicant ought to pay.
(4) An order for detention shall specify the amount for which security shall be given, and may be in accordance with Form 21 in the Schedule, and shall be issued in triplicate; one copy shall be delivered to the applicant, and the other two copies to the officer named by the judge; and one of the last-mentioned copies shall be delivered by the officer to the person who is at the time of the execution of the order apparently in charge of the ship, or, if there is no person apparently in charge, shall be affixed on the main mast or on the single mast of the ship; and the other copy shall be retained by the officer.
(5) The judge may at any time on good cause shown rescind any order for detention made by him.
(6) The provisions of any Act regulating the procedure of, and the Rules of, the Court in which the proceedings have been commenced as to security shall, with the necessary modifications, apply to the giving of security under this regulation; and the approval by the judge of any security shall be signified in writing signed by him.
(7) Where security is given by bond, the bond may be in accordance with Form 22 in the Schedule.
(8) If the judge rescinds any order for detention, or is satisfied that satisfaction has been made, or when security has been given and approved, or in any other case if the applicant so requires, the judge shall deliver, to the party applying for the same, an order according to Form 23 in the Schedule, directed to the officer named in the order for detention, authorizing and directing him, upon payment of all costs, charges, and expenses attending the custody of the ship, to release it forthwith.
(9) Notwithstanding anything contained in this regulation, a person intending to apply for an order for detention shall, if the name and address of an agent in the Commonwealth for the owners of the ship, or of a solicitor in the Commonwealth authorized to act for the owners, agent, master, or consignee of the ship, are known to him, give to the agent or solicitor such notice of the time and place at which the application for the order of detention is intended to be made as may be practicable in the circumstances of the case.
(10) If a solicitor in the Commonwealth represents that he is authorized to act for the owners, agent, master, or consignee of the ship, and signs an undertaking in accordance with Form 24 in the Schedule, to put in or give security for an amount agreed on between the parties or fixed by the judge, then, on the undertaking being filed in court—
(
a ) the judge may in his discretion refuse to make an order for detention; or(
b ) if an order for detention has been made, but not executed, the judge may rescind it; or(
c ) if an order for detention has been made and executed, the judge may deliver to the party applying for the same an order of release in accordance with sub-regulation (8) of this regulation.
(11) An undertaking given in accordance with the last preceding sub-regulation shall be filed in the court in which the application for an order of detention is made or is intended to be made.
(12) A solicitor who fails to put in or give security in pursuance of his undertaking shall be liable to attachment.
(13) Where proceedings by way of arbitration for the recovery of compensation are taken against the persons giving security, the request for arbitration and particulars shall state concisely the circumstances under which the persons giving security are made respondents.
(14) Where proceedings are commenced in any court in the Commonwealth other than that in which the order for detention was made or applied for, the Registrar of the court in which the order was made or applied for shall, on request, transmit to the Registrar of the court in which the proceedings are commenced all original documents filed in the matter, and a certified copy of all records made with reference to the matter, and any bond by way of security given in the matter, and shall transfer to the last-mentioned court any money paid into court by way of security in the matter; and the provisions of the Rules of Court as to the costs of copies and the costs of transmission shall apply to any transmission under this regulation.
(15) The costs incurred by any party in relation to an application for an order of detention and any proceedings consequent thereon may in any subsequent proceedings by way of arbitration be allowed as costs of the arbitration.
(16) For the purposes of this Regulation “Judge” means a justice of the High Court or a judge of the Supreme Court of a State.
(2) The Registrar shall send the notice of the application to a judge, who shall, as soon as conveniently may be, fix a time and place for the hearing of the application:
Provided that the time shall not, except by consent, be less than seven days from the date of the application to the Registrar.
(3) On the time and place for the hearing of the application being fixed, the Registrar shall issue to the applicant a summons under the seal of the court in accordance with Form 26 in the Schedule, addressed to the other party to the arbitration, and requiring him to attend on the hearing of the application.
(4) The summons shall be served by the applicant on the other party in accordance with regulation 17 not less than four clear days before the day fixed for the hearing, unless the other party agrees to accept shorter service.
(5) On the day fixed for the hearing the judge shall dispose of the application on hearing the parties, or on hearing the applicant and on proof of service of the summons on the other party, if that party does not appear.
(6) Before appointing any person to act as arbitrator, the judge shall ascertain whether the person is willing to serve if appointed.
(7) The appointment may be made by endorsement on the summons, or by a separate order.
(8) The costs of the application shall be in the discretion of the judge, who may order the same to be paid by one party to the other, or to be dealt with as costs attending the arbitration.
(9) The costs, if allowed, shall be taxed at such scale as the judge directs.
(2) Where the matter is decided after a medical referee has been appointed to report on any matter under paragraph (12) of the Second Schedule to the Act, a copy of the report of the referee shall be annexed to the memorandum and recorded therewith; and if the referee attended any proceeding in the arbitration, it shall be so stated in the memorandum.(3) In case of an agreement as to any matter referred to in sub-regulation (1) of regulation 52 a separate statement as required by that paragraph shall be left or sent with the memorandum of the agreement.
(4) In the case of an agreement between an employer and a seaman, the employer shall, within thirty days after the date of the agreement, cause the memorandum of the agreement to be left with or sent to the prescribed authority. Penalty: Five Pounds.
(5) Nothing in this regulation shall prevent any party interested from forwarding a memorandum of an agreement to the prescribed authority.
(2) If the matter is decided by agreement, the memorandum shall be authenticated by the signatures or signature of the parties to the agreement, or one of them, or in the case of employers, by the signature of some official or other person in their employ duly authorized to sign on their behalf, or in the case of persons under disability by the signature of their next friend on their behalf.
(3) There shall be left or sent with the memorandum a copy thereof for every party interested, other than the party (if any) by whom, the memorandum is left or sent.
(4) Where the matter is decided by agreement, the prescribed authority may, if the original agreement is in writing, and is not left or sent to be recorded, require such original agreement to be produced; but he shall not be entitled to retain the same where a memorandum thereof is left or sent to be recorded.
(5) An agreement or memorandum of an agreement may be left with or sent to the prescribed authority by insurers on behalf of the parties interested.
(6) An agreement made by or on behalf of any person under any legal disability shall be conditional only unless and until a memorandum thereof has been recorded in accordance with the Act and these Regulations.
(2) If the consent cannot be obtained, any party interested may apply to a judge of a County Court to order the memorandum to be recorded:
Provided that if all parties interested consent in writing to any amendment of the memorandum and to the recording of the same as so amended, the prescribed authority may amend the memorandum accordingly and record the same without further proof.
(
a ) The application shall be on notice in writing stating the relief or order which the applicant claims.(
b ) The notice shall be filed with the Registrar and copies thereof shall be served—(i) in the case of an application for an order that a memorandum be recorded, on the party disputing the memorandum or objecting to its being recorded, and on all other parties interested;
(ii) in the case of an application to rectify the register, on every party who would be affected by the rectification subject to the provisions of these Regulations as to the parties to an arbitration; or on the solicitor of such party ten clear days at least before the hearing of the application, unless the court gives leave for shorter notice.
(
c ) On the hearing of the application witnesses may be orally examined in the same manner as on the hearing of an action in the County Court.(
d ) On the hearing of the application the court may make such order or give such directions as it thinks just, regard being had in the case of an application for an order that a memorandum of an agreement be recorded, to proviso (d ) to paragraph (8) of the Second Schedule to the Act.(
e ) The provisions of the Act and these Regulations as to the costs of an arbitration before a judge shall apply to the application.
(2) It shall be the duty of the parties to the agreement to answer such inquiries and give such information accordingly.
(3) Where it appears to the prescribed authority that the memorandum ought not to be recorded for any reason mentioned in the said proviso, he shall transmit to the Registrar of a County Court all documents in the matter, together with a report in writing stating the information he has obtained and the grounds on which it appears to him that the memorandum ought not to be recorded.
(4) The Registrar shall bring the matter before the court as soon as conveniently may be, and, if on consideration of the report of the prescribed authority, it appears to the court that the memorandum may properly be recorded, it may so direct, and the memorandum shall be recorded accordingly.
(5) If on consideration of the report of the prescribed authority it appears to the court that the memorandum should not be recorded without further inquiry, the prescribed authority shall, on being so informed by the Registrar, send notice to the parties to the agreement according to Form 33 in the Schedule informing them that he has referred the matter to a County Court, and requiring them to attend on a day to be named in the notice, when the matter will be inquired into by the court.
(6) The notices shall be sent to the parties or their solicitors ten clear days at least before the day fixed for the inquiry, unless the court directs shorter notice to be given.
(7) At the inquiry witnesses may be orally examined in the same manner as on the hearing of an action in the County Court.
(8) At the inquiry the court may make such order or give such directions as it thinks fit.
(9) The provisions of the Act and these Regulations as to the costs of an arbitration before a judge shall apply to the inquiry, and in particular if it appears that a report of the prescribed authority has been rendered necessary by the neglect or refusal of any party to an agreement to furnish any information reasonably required of him by the prescribed authority, such party may be ordered to pay the costs of the inquiry.
(2) If it appears to the court, on a report by the prescribed authority without such application, as in the last preceding sub-regulation mentioned, that the record of a memorandum of an agreement should be removed from the register pursuant to the said proviso, the Registrar shall send notice to the parties to the agreement according to Form 35 in the Schedule, requiring them to attend on a day to be named in the notice when the matter will be inquired into by the court.
(3) The notice shall be sent and the inquiry held in accordance with the provisions of the last preceding regulation, and the provisions of that regulation shall apply to the inquiry.
(2) The provisions of paragraph (6) of the First Schedule, to the Act and of regulation 53 shall apply to the payment and the investment and application of the sum.
(2) Where proceedings are pending before a committee or an arbitrator agreed on by the parties, the application shall be made to the committee or arbitrator.
(3) Where the seaman has given notice of an accident, but no proceedings are pending, or proceedings are pending before the judge or an arbitrator appointed by him, the application shall be made to the judge.
(4) Where the seaman is receiving weekly payments under an award, or memorandum, then—
(
a ) if proceedings for a review of the weekly payment are pending before a committee or arbitrator agreed on by the parties, the application shall be made to the committee or arbitrator;(
b ) if no proceedings for review are pending, or if proceedings for review are pending before the judge or an arbitrator appointed by him, the application shall be made to the judge.
(5) Where the application is made to the judge, it may be made in or out of court in accordance with regulation 51, and the provisions of that regulation shall apply to the proceedings on the application, but in such case the notice shall be served on the seaman or his solicitor five clear days before the hearing of the application, unless the judge or Registrar gives leave for shorter notice.
(2) Where any money is to be paid to the prescribed authority under an award under an arbitration under the Act, payment shall be made in accordance with the directions contained in the award.
(3) The employer shall forthwith give notice to the persons interested in the sum paid in of the payment having been made.
(4) On the payment of money the prescribed authority shall forthwith send by post to each of the persons appearing by the award, or memorandum, to be interested in such money a notice of the said payment in accordance with Form 42 in the Schedule:
Provided that in the case of infant dependants residing with their mother or guardian it shall be sufficient to send such notice to the mother or guardian only.
(5) If all questions as to who are dependants and the amount payable to each dependant have been settled by agreement or arbitration before payment to the prescribed authority, the sum paid shall be allotted between the dependants in accordance with the agreement or award, and the amount allotted to each dependant shall be invested, applied, or otherwise dealt with by the Comptroller-General, as he thinks fit, for the benefit of the person entitled thereto in accordance with paragraph (6) of the First Schedule to the Act.
(6) If any such questions have not been settled before payment to the prescribed authority, then—
(
a ) if all the persons interested in the sum paid agree to leave the application thereof to a judge, or if no question arises as to who is a dependant or as to the amount payable to any dependant, or otherwise as to the application of the sum paid into Court; but any of the persons interested in the said sum are absent or under disability the amount paid to the prescribed authority shall, on application to a judge by or on behalf of the persons interested therein, be allotted, invested, applied, or otherwise dealt with by the prescribed authority as the judge directs, for the benefit of the persons interested therein, in accordance with paragraph (6) of the First Schedule to the Act.(
b ) if any question arises as to who is a dependant or as to the amount payable to any dependant, or otherwise as to the application of the sum paid to the prescribed authority, such question may be settled by arbitration in accordance with the Act and these Regulations; and the amount allotted to each dependant shall be invested, applied, or otherwise dealt with by the prescribed authority as a judge or arbitrator directs, for the benefit of the person entitled thereto in accordance with paragraph (6) of the First Schedule to the Act.
(7) Where any question is settled by arbitration in accordance with the last preceding sub-regulation, an application for the investment or application of any sum allotted to any person on the arbitration may be made at or immediately after the hearing of the arbitration.
(8) (
a ) Where application is not so made, or in any other case coming within paragraph (6) of the First Schedule to the Act, an application for the investment or application of any sum paid to the prescribed authority, or the amount allotted to any person, shall be made to a judge or arbitrator on notice in writing, stating on whose behalf the application is made, and the order which the applicant asks, in accordance with Form 43 in the Schedule.(
b ) The notice shall be filed with the Registrar, and where the application is made by or on behalf of some only of the persons interested, notice thereof shall be served on all other parties interested, or on their solicitors, five clear days at least before the hearing of the application, unless the judge or arbitrator gives leave for shorter notice.(
c ) On the hearing of the application witnesses may be orally examined in the same manner as on the hearing of an action in the County Court.(
d ) On the hearing of the application, the judge or arbitrator may, after making or directing such inquiries as to the dependants and on such evidence of title and identity as he thinks necessary, make such order under paragraph (6) of the First Schedule to the Act and this regulation as he thinks fit.(
e ) The provisions of the Act and these Regulations as to the costs of an arbitration shall apply to any such application.
(9) An employer paying money to the prescribed authority under this regulation shall not be liable to any costs incurred by any person interested in such money after the receipt of notice of payment to the prescribed authority; but the judge may, in his discretion, order the employer to pay the costs of any such person properly incurred before the receipt of the notice.
(10) Every order for the investment or application of money paid to the prescribed authority shall reserve liberty to the parties interested to apply to the court as they may be advised.
(11) Where any sum allotted to any person under paragraph (6) of the First Schedule to the Act or this regulation is ordered to be paid out to, or applied for the benefit of, the person entitled thereto, by weekly or other periodical payments, the payments may be made to the person entitled to receive the same either at the office of the prescribed authority, or, on the written request, of the person, by crossed cheque or post-office order addressed to the person and forwarded by registered post letter, payment by post being in all cases at the cost and risk of the person requesting the same.
(2) The employer shall forthwith give notice to the persons interested in the sum paid in of the payment having been made.
(3) On the payment of money under this regulation the prescribed authority shall make such inquiries and obtain such information as he thinks necessary to satisfy himself whether the amount paid in is adequate in the circumstances of the case, and it shall be the duty of the employer, and of the persons interested in the money paid in, to answer such inquiries and give such information accordingly.
(4) Where it appears to the prescribed authority that the amount paid in is adequate, he shall forthwith send by post, to each of the persons appearing to be interested in the money, a notice of the said payment in accordance with Form 42 (ii) in the Schedule:
Provided that in the case of infant dependants residing with their mother or guardian it shall be sufficient to send such notice to the mother or guardian only.
(5) Where it appears to the prescribed authority that the amount paid in is inadequate, he shall transmit all documents in the matter in his possession, together with a report in writing stating the information he has obtained, and the grounds on which it appears to him that the amount paid in is inadequate, to the Registrar of a County Court.
(6) The Registrar of the court shall refer the document and report to a judge.
(7) If on consideration of the report of the prescribed authority, it appears to the judge that the amount paid in is adequate, he may direct the prescribed authority to send to the parties interested notice of payment in accordance with sub-regulation (4) of this regulation.
(8) If on consideration of the report of the prescribed authority, it appears to the judge that further inquiry should be made, the prescribed authority shall send notice to the employer to the parties appearing to be interested in the money paid to him in accordance with Form 41 in the Schedule, informing them that he has referred the matter to the judge, and requiring them to attend on a day to be named in the notice, when the matter will be inquired into by the judge. On the inquiry the judge may make such order as under the circumstances he thinks just, and sub-regulations (5), (6), and (8) of regulation 51 shall apply.
Dated this day of
Registrar.
To
[
Form 42.
(i)
(i)
[
Take Notice that the sum of has been paid to me as compensation in the above-mentioned matter.
Any person interested in the said
sum may apply to the Comptroller-General of Customs for an order for the
investment and application of the said sum for the benefit of the persons
entitled thereto in accordance with paragraph 6 of the First Schedule to the
Dated this day of
Collector of Customs for the State
of
To
Hours of attendance, &c.
_______
(ii)
(ii)
[
Take Notice that the sum of £ has been paid to me as compensation in the above-mentioned matter.
If any question arises as to the adequacy of the amount paid, or as to who are dependants, or as to the amount payable to each dependant or otherwise as to the application of the said sum, such question must be settled by arbitration in accordance with the above-mentioned Act and the Regulations made under the said Act.
If no question arises as to the
adequacy of the amount paid, or as to who are dependants, or as to the amount
payable to each dependant, any person interested in the said sum may apply to
the Comptroller-General of Customs for an order for the investment and
application of the said sum for the benefit of the persons entitled thereto in
accordance with paragraph 6 of the First Schedule to the
If no question arises as to the
adequacy of the amount paid, or as to who are dependants, or as to the amount
payable to each dependant, but any of the persons interested in the sum are
absent or under disability, any person interested in the sum may apply to a
judge for an order for the investment and application of the said sum for the
benefit of the persons entitled thereto in accordance with paragraph 6 of the
First Schedule to the
Dated this day of
Collector of Customs for the State
of
To
Hours of attendance, &c.
Form 43.
[
(1)
[
Take Notice that I [
To the best of my knowledge and belief the persons interested in the said sum as dependants of the said A.B. are
[
I intend to apply for an order for the investment and application of the said sum, and for the allotment of the same between the dependants of the said A.B. as follows, viz.:—
[
or in such other manner as the Comptroller-General of Customs in his discretion thinks fit for the benefit of the persons entitled thereto under the above-mentioned Act, and for consequential directions.
Dated this day of
(Signed)
To the
Registrar and [
_____
2.
[
Take Notice that I [
I intend to apply for an order for the investment and application of the said sum as follows, viz.:—
[
or
in such other manner as the Comptroller-General of Customs in his discretion
thinks fit for my benefit [
Dated this day of
(Signed)
To the Comptroller-General of Customs.
Form 43—
3.
Application for Investment and Application of the amount paid to the prescribed authority where any of the persons interested in the sum is absent or under disability .
In the County Court at
[
Take Notice that I [
To the
best of my knowledge and belief the persons interested in the said sum as
dependants of the said A.B. are [
I intend to apply for an order for the investment and application of the said sum, and for the allotment of the same between the dependants of the said A. B. as follows, viz.:—
[
or in such other manner as the judge in his discretion thinks fit for the benefit of the persons entitled thereto under the above-mentioned Act, and for consequential directions.
Dated this day of
(Signed)
To the
Registrar and [
________
Form 44.
[
Take Notice that I [
And
further take notice that the circumstances in which this application is made
are [
Dated this day of
(Signed)
Applicant,
[
[Applicant’s Solicitor
To the Collector of Customs for the State of
and
to [
Form 45.
[
[
Take Notice that I [
And
further take notice that the circumstances in which this application is made
are [
Dated this day of
(Signed)
Collector of Customs for the State
of
To the Registrar of the County
Court at
and
to [
_______
Form 46.
[
(
In the matter of the
and
In the matter of an agreement [
or a decision or an award] as to the weekly payment payable to A.B. of by the owners [or charterers] of the ship “ ”
Take Notice that A.B. of
to
whom under an agreement [
And that the said A.B. intends to apply to the Collector of Customs at on the day of at the hour of in the noon or so soon thereafter as the parties can be heard, for an order referring to a medical referee the question whether the incapacity of the said A.B. resulting from the injury, is likely to be of a permanent nature.
A report of a medical practitioner, setting out the nature of the incapacity of the said A.B. resulting from the injury, is hereto annexed
Dated this day of
(Signed)
Applicant.
[
Applicant’s Solicitor.]
To the Collector of Customs at
and to [the employer].
Form 47
(
[
On the application of of
(a
copy of which is hereto annexed), I hereby appoint Mr. of one
the medical referees appointed for the purposes of the
A copy [
The said who is now at has been directed to submit himself for examination by the referee.
I am satisfied that the said is in a fit condition to travel for the purpose of being examined, and he has been directed to attend on the referee for examination at such time and place as may be fixed by the referee.
[
The referee is requested to forward his certificate to the Collector of Customs at on or before the day of specifying therein the nature of the incapacity of the said resulting from the injury, and whether such incapacity is likely to be of a permanent nature.
Dated this day of
Judge
[
________
Form 48.
[
[
Notice.—This Certificate is no security whatever for a debt.
No. of Certificate.
(
[
This is to Certify that A.B. late of [
Age
Height
Hair Eyes
Nature of incapacity
[
Dated this day of
Collector of Customs at
Form 49.
[
Take Notice, that if you desire to obtain payment of the weekly
payment payable to you under the award [
You must also attend before some such person as hereinafter mentioned, and make a declaration in the form hereto annexed that you are the same person as mentioned in the copy of the certificate of the medical referee and in the certificate of identity hereto annexed, and in the certificate of the medical practitioner by whom you have been examined, producing to such person the copy and certificates, above mentioned.
You must then transmit to me, at my office, situate at , the certificate of the medical practitioner by whom you have been examined, and your declaration, together with a request for transmission to you of the amount of the weekly payment due to you, specifying the place where and the manner in which the amount is to be transmitted, according to the form hereto annexed, which request must be signed in your own handwriting.
The persons before whom a certificate may be verified or a declaration made are:—
1. Any person having authority to administer an oath in the place in which you reside.
2. Any British ambassador, envoy, minister, charge d’affaires, or secretary of embassy or legation, exercising his functions in any foreign place in which you reside, or any British consul-general, consul, vice-consul, acting-consul, pro-consul, or consular agent exercising his functions in any foreign place in which you reside. In the event of your death while residing out of Australia, your representatives must, in order to obtain payment of the arrears due to you transmit to me at my office, situate at a certificate of your death and documents showing that they are entitled to such arrears, verified by declaration before a person having authority to administer an oath, with a request for transmission to them of the amount of such arrears, specifying the place where and the manner in which such amount is to be transmitted to them.
The expression “your representatives” means—
(
a ) if you leave a will, the executors of such will; or(
b ) if you die intestate, the persons who are according to law entitled to your personal estate; and payment of the arrears may be made to such persons without the production of letters of administration.
Dated this day of
Collector of Customs at
To A.B.
of [
address and description ]
________
Form 50.
[
I [
hereby certify that I have this day examined A.B. of whom I conscientiously believe to be the same person as A.B. of described in the copy certificate of the medical referee in the above-mentioned matter, dated the day of and in the certificate of identity
Form 50—
dated the day of produced to me by the said A.B. and that in my opinion the incapacity of the said A.B. resulting from the injury described in the said certificate of the medical referee still continues.
Dated this day of
(Signature)
Declared at this day of in the presence of the said A.B. the copy of the certificate of the medical referee and the certificate of identity above-mentioned being at the same time produced.
Before me—
[
_______
Form 51.
[
I, A.B. of hereby declare that I am the same person as A.B. of described in the copy of the certificate of the medical referee in the above-mentioned matter, dated the day of now produced by me, and in the certificate of identity, dated the day of now produced by me, and the same person as A.B. of described in the certificate of declared by the said in my presence on the day of and now produced by me.
(Signed)
A.B.
Declared at this day of the certificates above-mentioned being at the same time produced.
Before me—
[
Signature and description of person before whom the declaration is made .]
______
Form 52.
[
Sir,—
I herewith enclose medical certificate and affidavit of identity, and request that the amount of the weekly payments due to me in the above-mentioned matter may be transmitted to me at
[
[
by Post Office Order payable at
[
[
I am, Sir,
Your obedient Servant,
A.B.
[
To the Collector of Customs at
[
Form 53.
[
Take Notice, that I have received proof of identity and of continuance of incapacity in the above-mentioned matter.
And I have to request you to
transmit the sum of being the amount of the weekly
payments payable to A.B. under the above-mentioned
award [
Dated this day of
Collector of Customs at
To
[
_________
Form 54.
In the County Court at
[
Whereas on the day of an
award was made in the above-mentioned matter by the judge [
[
And whereas default has
been made in payment of the sum of £ payable by the said to the prescribed authority [
These are therefore to require and
order you forthwith to make and levy by distress and sale of the goods and
chattels of [
Given under the seal of the court this day of 19
By the court,
Registrar,
To the Bailiff of the said court, | £ | ||
| |||
| |||
|
[
[
Form 55.
In the County Court at
[
Whereas on the day of an award was made
in the above-mentioned matter by the judge [
[
And whereas default has been made
in payment of the sum of £ payable by you the above-named to
the prescribed authority [
These are therefore to require you
to appear personally before the said court on the day of 191
at o’clock in the noon to be examined by the said
court touching your estate and effects, and as to the property and means you
have of paying the said sum together with interest thereon, and [
Given under my hand and the seal of the said court this day of
19
Registrar of the said court.
________
Form 56.
To
I hereby give you notice that in
accordance with the Reference made to me by the Collector of Customs for the
State of under Schedule I., paragraph (13), of the above-named
Act, in the case of [
Any statements made or submitted by
you [
Dated this day of
(Signed)
Medical Referee.
________
Form 57.
To
I hereby give you notice
that in accordance with the reference made to me in your case [
And you are required to submit
yourself [
Any
statements made or submitted by you [
Dated this day of
(Signed)
Medical Referee.
Form 58.
Certificate of Medical Referee as to Condition of Seaman and fitness for employment, or as to whether or to what extent Incapacity of Seaman is due to the Accident: Schedule I., paras . (13)and (15).
In accordance with the Reference
made to me by the Collector of Customs for the State of upon the
application of [
1. The said is*
and his condition is such that he is
2. The incapacity of the said is ‡
Note.—
Dated this day of
(Signed)
Medical Referee.
_______
Form 59.
To
I hereby give you notice that in accordance with the Reference made to me in your case by the Collector of Customs at under Schedule I., paragraph (19), of the above-named Act, I propose to examine you at on the day of at o’clock and you are required to submit yourself for examination accordingly.
Dated this day of
(Signed)
Medical Referee.
_______
Form 60.
In accordance with the Reference
made to me by the Collector of Customs at under Schedule I., paragraph (19),
of the above-named Act, I have on the day of examined of
[
Dated this day of
(Signed)
Medical Referee.
Form 61.
In
the matter of the
In the matter of an arbitration between—
A.B.
of [
[
Applicant,
and
The
owners [
Respondents.
We,
a
committee, representative of the owners, [
[
[
[
(
a ) On the day of personal injury was [or is alleged to have been] caused to of by accident arising out of and in the course of his employment, under the following circumstances:
[
(
b ) The matter on which we are [or I am] satisfied that it is desirable to obtain a report is:
[
(
c ) The matter seems to be material to the following question arising in the arbitration, viz.:
[
We [
A
statement of the medical evidence given before us [
We are [
The referee is requested to forward his report to the Registrar of the County Court of on or before the day of
Dated this day of
(Signed)
Judge or Arbitrator
On behalf of the Committee, Chairman of Secretary Committee
Signature of Registrar
and Seal of Court.
A previous Reference was made to a medical referee in this case on the day of and a copy of the report then given is attached.
Form 62.
[
To A.B.
of [
[
Take Notice—
That the Committee [
You are hereby required to submit yourself for examination by such referee (and to attend) for that purpose at such time and place as may be fixed by him.
Dated this day of
[
_______
Form 63.
To A.B.
of [
[
I hereby give you notice that I
have been appointed to examine and report on your case under paragraph 12 of
the Second Schedule of the
(Signed)
Medical Referee.
________
Form 64.
Number of matter. | Names of Parties. | Date on which Reference received. | From whom received. | Date of Examination. | Place of Examination. | Date on which Certificate or Report sent. | Tenor of Certificate. | Amount of Fees under each of the Headings in Regulation 95. | Expert Assistance. | |||
First Reference; Examination and Certificate or Report. | Subsequent Reference; Examination and Certificate or Report. | Further Statement | Travelling
more than two miles from residence [ | |||||||||
£
| £
| £
| £
| £
| ||||||||
Totals.......................... | ||||||||||||
Total £
I
hereby certify that I examined the seaman on
at which
is distant
miles from my residence [
(Signed)
Form 65.
Number of Matter. | Name of Seaman. | Date on which Reference Received. | From Whom Received. | Date of Examination. | Date on which Certificate sent to Registrar. | Whether Incapacity Certified to be Permanent or not. | Fees. (per case to include all Duties). | Expert Assistance. |
£
| £
| |||||||
Totals ……. | ||||||||
Total £ | ||||||||
(Signed)
_____
Form 66.
Number. | Name of Parties. | Date on which Reference Received. | Registrar from Whom Received. | Date and Place of Examination. | Date on which Report Sent. | Amount of Fees under— | Expert Assistance. | |||
First Reference. | Subsequent Reference. | Further Statement. | Travelling Expenses. | |||||||
________
Form 67.
State of
For quarter ended
Number of Reference. | Names of Parties. | Date on which Reference forwarded to Medical Referee. | Provision in the Act under which Reference is made, and if under Schedule II.) par. 12, by Whom Made.* | Whether Seaman directed to attend a Referee or not. | Medical Referee Appointed. | Date and Number of Previous Reference in same case (if any). |
* Here say whether committee, agreed arbitrator, County Court judge, or appointed arbitrator.
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