Workers' Compensation Board Amendment Rules 1991 (4) (WA)

5666 GOVERNMENT GAZETTE, WA [1 November 1991

WORkERS COMPENSATION AND REHABILITATION

WC101

WORKERS' COMPENSATION AND REHABILITATION ACT 1981
WORKERS' COMPENSATION BOARD AMENDMENT RULES 1991 (4)

Gazette.

Made by the Chairman of the Workers' Compensation Board. in the
Citation

1. These rules may be cited as the Workers' Compensation Board Amendment

Principal Rules
2. In these rules the Workers' Compensation Board Rules 1982* are referred to

as "the principal rules."

Rule 16 Amended
3. The principal rules are amended by substituting for Rule 16 a new rule in

the following terms—

Procedure for Pre-Trial Conference
16. (1) Forthwith upon the filing of the applicant's affidavit of service
pursuant to sub-rule 15(1) or the filing of the answer pursuant to Rule 14
whichever is the earlier the Registrar shall list the matter for a pre-trial
conference in chambers and shall give or send to the parties notice of the
date of such pre-trial conference in accordance with Form 9 in Appendix
A and in the event of a change of date of the pre-trial conference the
Registrar shall notify all parties accordingly.

(2) The date of the pre-trial conference shall be not less than 8 and not more than 10 weeks from the date of the filing of the affidavit of service or the answer (whichever is the earlier) so as to enable all parties to settle the pleadings, exchange discovery of documents, administer and answer interrogatories and conduct preliminary enquiries into the questions in issue and the pre-trial conference may, at the Registrar's discretion, be adjourned to a date to be fixed or to a fixed date.

(3) Notwithstanding the provisions of sub-rule (2) the parties may by

consent seek a pre-trial conference at any stage of the proceedings.

(4) Where liability is admitted after the listing for a pre-trial conference
the Registrar shall vacate the date of the pre-trial conference and shall list
the application for hearing in chambers for the making of consent orders.
(5) Unless expressly excused, every worker, employer and/or insurer,
third party, intervener or other party to the matter shall, if an individual
attend the conference in person, or if a partnership or a body corporate

shall attend the conference by representative duly authorised to negotiate

and, if appropriate, agree the terms of settlement.

(6) The Registrar or a member shall conduct the pre-trial conference and

shall do so in an informal manner as the circumstances permit.

(7) At the pre-trial conference, the Registrar or a member—

the conference.
(a)	shall enquire into the likelihood of settlement, the delineation of

issues in dispute, and the state of preparation of the cases of the respective parties and such procedural matters as he considers relevant; and

(b) shall give directions for the further conduct of the proceedings and,

when appropriate fix a date for the hearing of the application.

(8) Parties attending a pre-trial conference under this rule shall make a bona fide endeavour to reach agreement on relevant matters in issue between them.

(9) Evidence of anything said, or of any admission made while discussing or negotiating terms of settlement in the course of such a conference shall not be admissible in any further proceedings before the Board. "

Rule 16A Amended
4. The principal rules are amended by substituting for Rule 16A a new rule in

the following terms—

Documents required at Pre-Trial Conference
16A. (1) Not less than 48 hours before a pre-trial conference all parties to
the proceedings shall, to the extent not already done, file and serve upon
each other copies of all medical reports upon which they intend to rely at

1 November 1991] GOVERNMENT GAZETTE, WA 5667

(2) Where a pre-trial conference has been listed in relation to an application for redemption, payment of expenses in excess of the maximum amount provided for by sub-clause 17(1) of Schedule 1 of the Act or involving the financial standing of a party in any way in relation to an application, that party shall produce at the pre-trial conference all relevant and significant documents which that party has in that party's possession, custody or control or which, with reasonable diligence, that party could obtain relating to—

(a) the financial matters referred to in any pleading filed by that

party; and

(b) the value of any item of property in which that party has an

interest. "

Rule 17 Amended

5. The principal rules are amended by deleting wherever they appear from rule

17(c) the words "preliminary hearing" and substituting in each case the

following—

pre-trial conference "

Appendix A: Forms 8-9

6.Appendix A of the principal rules is amended as follows—

(a) by deleting the words "preliminary hearing" wherever appearing in Forms 8 and 9 and substituting in each case the following—

• pre-trial conference "

(b) by deleting "13(2)" from the reference to the rule in the heading of form 8A and substituting the following-

• 15(1) "

*Published in the Government Gazette on 8 April 1982 at pp. 1250-1275 with Corrigendum published on 7 May 1982 at p. 1463, Amendments published on II June 1982 at pp. 1937 and 1938, 12 August 1983 at pp. 2951 and 2952, 6 January 1984 at p. 19, 7 September 1984 at p. 2887, 4 August 1989 at p. 2496, 11 August 1989 at pp. 2678 and 2679 with Corrigenda published on 1 September 1989 at p. 3071 and 1 December 1989 at pp. 4430 and 4431, 16 February 1990 at pp. 1118 and 1119, 27 April 1990 at pp. 2095-2108, 14 December 1990 at p. 6182, 8 March 1991 at pp. 1076-1079, 17 May 1991 at p. 2549 and 12 July 1991 at pp. 3486 and 3487.

J. GOTJAMANOS, Chairman, Workers' Compensation Board.