Conciliation and Arbitration Regulations (Amendment)

Overview

The Statutory Rules 1971 No. 95 under the Conciliation and Arbitration Act 1904-1970 were enacted to amend the existing regulations, specifically concerning the process for obtaining injunctions under the Trade Practices Act. These amendments were introduced by the Governor-General, Paul Hasluck, in accordance with the advice of the Federal Executive Council. The overarching objective was to streamline the procedures for seeking injunctions, ensuring they align more closely with the processes followed in the High Court when claiming both damages and injunctions. By revising the regulations, the government aimed to provide a more efficient and consistent approach to handling applications for injunctions under the Trade Practices Act.

Scope and Application

The Conciliation and Arbitration Regulations, as amended by Statutory Rules 1971 No. 95, pertain to the procedural aspects of seeking injunctive relief under specific sections of the Trade Practices Act 1965-1970. These regulations apply to any person or entity that seeks to apply for an injunction under sections 90aa, 90rr, or 90w of the Trade Practices Act. The application for an injunction can be made to the Court or a Judge either with or without notice to the respondent, supported by an affidavit verifying the facts. Furthermore, an application for an injunction may be included as a claim in a writ for damages, and proceedings must follow the practices of the High Court for actions seeking both damages and an injunction. These regulations extend across the Commonwealth of Australia, governing the procedural mechanisms within the industrial court system for applications under the Trade Practices Act. There are no stated exclusions, exemptions, or thresholds specified in these regulations, and they do not explicitly extend or restrict their application through subordinate instruments beyond the procedural changes outlined.

Key Provisions

The main operative sections of these regulations (Regulations 78n and 78na) pertain to applications for injunctions under specific sections of the Trade Practices Act 1965-1970, namely sections 90aa, 90rr, and 90w. Regulation 78n (1.) specifies that an application for an injunction can be made to the Court or a Judge ex parte, supported by an affidavit verifying the facts of the application. Regulation 78n (2.) allows the Court or Judge to make an order calling on the proposed respondent to show cause why an injunction should not be granted, with the specific form of the order varying depending on the section of the Trade Practices Act under which the application is made. Regulation 78na (1.) permits an application for an injunction under section 90aa to be included as a claim in a writ for damages under section 88 of the Trade Practices Act, and Regulation 78na (2.) mandates that the proceedings be conducted similarly to those in the High Court for claims of both damages and an injunction. These regulations impose several obligations on the parties involved in the proceedings. Firstly, they require that any application for an injunction be supported by an affidavit verifying the facts upon which the application is made (Regulation 78n (1.)). Secondly, the proposed respondent must be given notice and called to show cause as to why an injunction should not be granted (Regulation 78n (2.)). Thirdly, if the application for an injunction is included as a claim in a writ for damages, the proceedings must be conducted in a manner similar to those in the High Court for claims of both damages and an injunction (Regulation 78na (2.)). Additionally, the forms to be used for the orders to show cause are prescribed by the regulations, with specific forms designated for applications under section 90aa (Form 23b) and sections 90rr and 90w (Form 23a). The regulations do not explicitly outline offences, penalties, or consequences for breach. However, the failure to comply with these procedural requirements could potentially lead to the application being dismissed or the injunction not being granted. Furthermore, any misleading or false statements in the affidavit supporting the application could be subject to perjury charges under the Crimes Act 1914 (Cth), which carries a maximum penalty of five years imprisonment. It is important for the parties to adhere to the regulations to ensure the validity and enforceability of any injunctions sought.