Commonwealth Court of Conciliation and Arbitration - Rules of Court

Legislation au C1946L00043 CourtRules Not in force Legislative Instrument

Legislation content

STATUTORY RULES.

1946. No. 43.

 

THE COMMONWEALTH COURT OF CONCILIATION AND ARBITRATION.

Rules of Court.*

As of Tuesday the 12th day of February, 1946.

IT is ordered as follows:—

I. Appeals to the Commonwealth Court of Conciliation and Arbitration under section 29 of the Re-establishment and Employment Act 1945.

1. (a) An application for special leave to appeal under section 29 of the Re-establishment and Employment Act 1945 shall be made in Court before a single Judge upon a day to be fixed by him.

(b) The applicant before applying to the Court shall file in the Registry of the Court in the State in which the order in question was made an affidavit setting forth the relevant facts and the grounds relied upon in support of the application. A copy of such order and of the depositions if any in the Court against whose order it is desired to appeal shall be exhibited to the affidavit. When any such affidavit is filed in a District Registry the Deputy Registrar shall forthwith advise the Industrial Registrar of the filing of the affidavit and the nature of the proceedings.

(c) The Court will thereupon fix a date for the hearing of such application. The Court may hear such application either ex parte or upon notice to the respondent and the applicant shall be advised accordingly. If the application is to be heard upon notice a copy of the affidavit and exhibits referred to in paragraph (b) shall not less than two clear days or such longer period as may be directed by the Judge before the date fixed for hearing be served by the applicant upon the proposed respondent together with notice of the date upon which the application will be heard.

(d) Upon the hearing of the application for leave to appeal notice whereof has been given to the proposed respondent the Court, if it grants special leave to appeal, may (a) if it deems fit proceed forthwith to hear the appeal or (b) fix a date for the hearing of the appeal and give such directions as may be necessary.

(e) Forms “A”, “B” and “C” in the Schedule are published for general information. The relevant form should be adopted by the appropriate party with such modifications as may be necessary in the circumstances.

(f) The Court may for such reasons and upon such information as appears to it to be sufficient exempt an applicant from compliance with any part of this Rule.

II. That the foregoing Rules of Court shall come into operation on the 25th day of February, 1946.

(L.s.)

(Sgd.)

H. B. PIPER, Chief Judge.

(Sgd.)

T. O’MARA, Judge.

(Sgd.)

W. R. KELLY, Judge.

(Sgd.)

ALFRED W. FOSTER, Judge.

* Notified in the Commonwealth Gazette on 28th February, 1946.

1289.—Price 3d.


SCHEDULE.

——

Form “A”.

form of affidavit in support of application for special leave to appeal

IN THE COMMONWEALTH COURT OF CONCILIATION AND ARBITRATION.

In the matter of a proposed appeal under section 29 of the Re-establishment and Employment Act 1945

between

[Here set out name of proposed appellant]

and

[Here set out name of proposed respondent].

I [here set out full name, private address and occupation of the proposed appellant] being duly sworn make oath and say as follows:—

[Here set out in numbered paragraphs the relevant facts including—

(i) The name of the Court from which the appeal is to be brought;

(ii) the date of the decision in question;

(iii) the effect of that decision;

(iv) grounds relied upon in support of the appeal;

(v) whether the applicant desires on the hearing of the appeal to adduce evidence not called in the Court below;

(vi) exhibiting (where available) the depositions in the Court below;

(vii) any other relevant material.]

 

Form “B”.

form of notice to proposed respondent if the application for special leave is to be made on notice.

IN THE COMMONWEALTH COURT OF CONCILIATION AND ARBITRATION.

In the matter of a proposed appeal under section 29 of the Re-establishment and Employment Act 1945

between

[Here set out name of proposed appellant]

and

[Here set out name of proposed respondent]

To—

[Here set out name and address of proposed respondent].

Take notice that an application will be made to the above-mentioned Court at [here set out locality and address of Court at which application will be made] on the [date] day of [name of month] 19               [year] at               o’clock in the                            noon or so soon thereafter as this application may be heard for an order granting [here set out name of applicant] special leave to appeal from


Schedule—continued.

Form “B”—continued.

an order of the [here insert title of Court which gave the division from which special leave to appeal is sought] given or made on [insert date] whereby [here set out effect of latter order] upon the following grounds:—

Dated this

day of  19

(Signature of applicant or his legal representative.)

This notice is given on behalf of the proposed appellant [insert name] whose address for service is [here set out address for service].

 

Form “C”.

form of notice to respondent after special leave has been granted and a date for hearing fixed by the court.

IN THIS COMMONWEALTH COURT OF CONCILIATION AND ARBITRATION.

In the matter of a proposed appeal under section 29 of the Re-establishment and Employment Act 1945.

between

[Here set out name of proposed appellant]

and

[Here set out name of proposed respondent]

To—

[Here set out name and address of respondent].

Take notice that pursuant to special leave under section 20 abovementioned granted to the applicant by this Court on the [here insert date upon which special leave to appeal was granted] application will be made to the Commonwealth Court of Conciliation and Arbitration at [here set out locality and address of the Court at which the appeal will be heard] on the [here insert date fixed by the Court for the hearing] at [here insert time on that date fixed for the hearing] by way of appeal against the decision or order of the [here insert title of Court the decision of which to the subject of special leave to appeal] given or made on the [here insert date of decision] for an order by the said Commonwealth Court of Conciliation and Arbitration reversing or modifying [omit whichever is irrelevant] the order appealed against on the following grounds:—

Dated this

day of 19

(Signature of appellant or his legal representative.)

This notice is given on behalf of the appellant [insert name] whose address for service is [here set out address for service].

 

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.

Overview

The Commonwealth Court of Conciliation and Arbitration Rules of Court, 1946, were enacted to provide a framework for the procedures and formalities required for appeals to the Commonwealth Court of Conciliation and Arbitration under section 29 of the Re-establishment and Employment Act 1945. These rules were designed to ensure a structured and fair process for parties seeking to appeal decisions made by lower courts, thereby addressing procedural gaps that might have existed in the initial legislative framework. The rules were enacted by the Commonwealth of Australia under the authority of the Parliament, with the intent to streamline the appeals process and ensure that justice is administered efficiently and effectively. These rules were enacted to come into operation on 25 February 1946, as ordered by the Commonwealth Court of Conciliation and Arbitration. The policy objective behind these rules is to provide clear guidelines for the application process, ensuring that all relevant information and evidence are properly presented to the court, thereby facilitating a transparent and just appeal process. The forms provided in the Schedule, such as Form "A" for the affidavit, Form "B" for notice to the proposed respondent, and Form "C" for notice to the respondent after special leave has been granted, are intended to assist parties in complying with the procedural requirements set out in these rules.

Scope and Application

The Statutory Rules 1946 No. 43, titled "The Commonwealth Court of Conciliation and Arbitration. Rules of Court", govern the procedures for appeals to the Commonwealth Court of Conciliation and Arbitration under section 29 of the Re-establishment and Employment Act 1945. These rules apply to applicants who wish to appeal a decision made by a Court in employment matters, such as decisions related to re-establishment or employment. The rules specify the procedural requirements for filing an application for special leave to appeal, including the necessity of filing an affidavit detailing the relevant facts and grounds for the appeal. The Court has the discretion to exempt applicants from certain procedural requirements if deemed necessary. These rules apply nationally across Australia as they pertain to the Commonwealth Court of Conciliation and Arbitration, and they do not specify any exclusions or exemptions other than the discretionary exemption provisions. The rules came into effect on 25 February 1946 and are supplemented by the prescribed forms in the schedule, which must be adopted with necessary modifications.

Key Provisions

The key operative sections of the Rules of Court under the Commonwealth Court of Conciliation and Arbitration (C1946L00043) pertain to the process for appeals to the Court under section 29 of the Re-establishment and Employment Act 1945. Section 1(a) specifies that an application for special leave to appeal must be made before a single Judge, who will set the date for the hearing. Section 1(b) requires the applicant to file an affidavit detailing the relevant facts and grounds for the appeal, along with copies of the order and depositions, in the Registry of the Court in the relevant state. If the application is to be heard with notice, the applicant must serve a copy of the affidavit and exhibits on the respondent at least two clear days before the hearing date, as outlined in section 1(c) and 1(d). Section 1(e) mandates the use of specific forms—Forms "A", "B", and "C"—with necessary modifications for the particular circumstances of the appeal. The obligations imposed by these rules include the timely filing of an affidavit and the service of notice on the respondent if the application is to be heard with notice. The applicant must ensure that all relevant facts and supporting documents are included in the affidavit. Furthermore, the Court retains the discretion to exempt an applicant from complying with any part of these rules if it deems the reasons and information provided to be sufficient, as stated in section 1(f). The Registrar or Deputy Registrar also has a duty to notify relevant parties of the filing of the affidavit and the proceedings, ensuring transparency and adherence to the procedural requirements. For breaches of these rules or failure to comply with the obligations, there are potential civil and administrative consequences. While specific penalties are not detailed in the statutory rules, non-compliance may result in the dismissal of the appeal or other judicial remedies being invoked by the Court. The Court has the authority to impose sanctions or corrective measures as deemed appropriate to uphold the integrity of the appeal process. The gravity of the breach and its impact on the proceedings will influence the nature and extent of any consequences imposed by the Court.

Legal classification tags

Area of Law
Administrative Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Commencement Provisions
Delegated & Subordinate Legislation

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.