Workers' Compensation and Injury Management Arbitration Amendment Rules 2015 (WA)

2044 GOVERNMENT GAZETTE, WA 12 June 2015

WC302*

Workers' Compensation and Injury Management Act 1981

Workers' Compensation and Injury

Management Arbitration Amendment

Rules 2015

Made by the Minister under section 293B.

1.            Citation

These rules are the Workers' Compensation and Injury
Management Arbitration Amendment Rules 2015.

Management Arbitration Rules 2011.

2.            Commencement

These rules come into operation as follows —

(a)	rules 1 and 2 — on the day on which these rules are published in the Gazette (gazettal day);
(b)	the rest of the rules — on the later of —

(i)     the day after gazettal day; or

(ii)        1 July 2015.

3.            Rules amended

These rules amend the Workers' Compensation and Injury

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4. Rule 3 amended
In rule 3 insert in alphabetical order:

interlocutory application means an application or
request for an order in a proceeding, other than an
order that finally determines the dispute between the

parties;

5. Rule 22 replaced
Delete rule 22 and insert:

22.         Certificate of service

A person who serves a document must lodge a certificate of service with the Registrar -

(a)	if the document is a sealed copy of an application under rule 24(1) for an extension of time; or
(b)	in any other case, if an arbitrator or the Registrar so directs.

6. Rule 25 amended
In rule 25(4) delete "14 days," and insert:

28 days,

7.	Rule 29 amended In rule 29(6) delete "14 days," and insert:
28 days,

8.            Rule 31 deleted

Delete rule 31.

9. Rule 32 amended
After rule 32(2)(a) insert:

(ba) a notice of discontinuance signed by all parties to the proceedings is lodged with the Registrar; or

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10.          Rule 37 amended

(1)	Delete rule 37(1).
(2)	After rule 3 7(4) insert:
(5) Except as otherwise ordered by an arbitrator, a party served with a copy of an interlocutory application must no later than 2 working days before the time fixed for hearing that application lodge and serve either -

(a)	a notice consenting to the application; or
(b)	a notice opposing the application, and stating the grounds on which the application is opposed.

(6) If a party fails to lodge and serve a notice required by

subrule (5) the interlocutory application may be
determined as if that party did not oppose any part of
the application.

11.          Rule 48 amended

(1)	In rule 48(1) after "lodging" insert:
an interlocutory application and
(2)	In rule 48(2) delete "produced." and insert:
produced, or within such other time as an arbitrator may order.

12.         Rule 57 amended

After rule 57(1) insert: 

(2A) Except with the leave of an arbitrator, the evidence in

chief of a witness from whom oral evidence is adduced
is to be confined to the evidence set Out in the
document lodged and served under subrule (1) in
relation to that witness.

13. Rule 63A inserted

(1) After rule 62 insert:

63A. Submission on application for order as to costs or
for assessment of costs

(1) Except as otherwise ordered by an arbitrator, a party
served with a copy of an application under rule 61 or

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62 must within 14 days of the service lodge and serve

either -

(a)	a notice consenting to the application; or
(b)	a notice opposing the application, and stating the grounds on which the application is opposed.

(2) If a party fails to lodge and serve a notice required by

subrule (1) the application may be determined as if that

party did not oppose any part of the application.

M. MISCHIN, Minister for Commerce.