STATUTORY RULES.
1933. No. 141.
REGULATIONS UNDER THE COMMONWEALTH EMPLOYEES COMPENSATION ACT 1930.
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 Commonwealth Employees’ Compensation Act 1930.
Dated this twelfth day of December, 1933.
ISAAC A. ISAACS
Governor-General.
By His Excellency’s Command,
R. G. CASEY
for Treasurer.
Amendment of Employees’ Compensation Regulations.
(Statutory Rules. 1930, No. 134, as amended to this date.)
1. The Employees’ Compensation Regulations are amended by inserting after Regulation 17 the following regulation:—
Costs of appeal.
“18.—(1.) The allowance of costs of and incidental to an application for an extension of the time for appeal, or to any appeal, under section twenty of the Act (including an adjournment), to be paid by one party to another, shall be in the discretion of the Court to which the application or appeal is made and the Court shall have full power to allow or disallow the costs.
(2.) Where a Court allows costs in pursuance of sub-regulation (1.) of this regulation it shall make an order directing by whom and to whom the costs are to be paid, and, if the amount of the costs is not fixed by agreement between the parties, the Court shall fix the amount of the costs, or direct that the amount be fixed by the Taxing Officer of the Court, in accordance with the provisions of sub-regulation (3.) of this regulation.
(3.) The amount of costs shall be fixed in accordance with the following provisions:—
(a) The fees, which may be allowed to a solicitor or counsel or to solicitor and counsel shall not exceed the amounts set out in the following scale:—
| £ | s. | d. |
Instructions for application for extension of time for appeal, preparing, serving and filing notice of application, and all other services in connexion with the application rendered prior to the hearing of the application | 1 | 1 | 0 |
| £ | s. | d. |
Instructions to oppose application for extension, of time for appeal, and all other services in connexion with the opposition thereto rendered prior to the hearing of the application | 1 | 1 | 0 |
Attendance of solicitor or counsel, or solicitor and counsel, on hearing of application | 1 | 1 | 0 |
Instructions to appeal, preparing, filing and serving notice of appeal, and all other services in connexion with the appeal rendered prior to the hearing of the appeal | 2 | 2 | 0 |
Instructions to oppose appeal including all services in connexion with the opposition thereto, rendered prior to the hearing of the appeal | 2 | 2 | 0 |
Attendance of solicitor or counsel or solicitor and counsel on hearing of appeal— | | | |
For first five hours or portion thereof | 5 | 5 | 0 |
For each subsequent hour or portion of an hour | 1 | 1 | 0 |
Any other necessary appearance before the Court of solicitor or counsel or solicitor and counsel | l | 1 | 0 |
preparing Bill of Costs for taxation, serving and filing Bill, attending-taxation and for allocatur and all other services rendered in connexion with the taxation of costs | 0 | 13 | 4. |
(b) Expenses and Mileage for the attendance of parties or witnesses may be allowed at rates not exceeding the rates ordinarily allowable for the attendance of parties and witnesses in an action in the Court.
(c) Disbursements which in the opinion of the Court or the taxing officer have been properly made may be allowed.
(4.) An order for the payment of costs made by the Court in pursuance of this regulation shall have the same force and effect in all respects as a judgment of the Court and the like proceedings (including, proceedings in Bankruptcy) may be taken upon the order as if it had been a judgment of the Court for the amount of the costs.
(5.) In this regulation “Taxing Officer” means the Registrar, Clerk of the Court or other person having power to tax the costs of an action in the Court.”
By Authority: L. F. Johnston, Commonwealth Government Printer Canberra.
Overview
The Commonwealth Employees’ Compensation Regulations 1933, enacted under the Commonwealth Employees’ Compensation Act 1930, were introduced to address the need for a structured framework governing the compensation process for federal employees injured on the job. These regulations were made by the Governor-General in Council, reflecting the legislative authority of the Commonwealth of Australia. The overarching policy objective is to ensure fair and efficient resolution of compensation claims, including the discretionary allowance of costs related to appeals by the relevant court. This approach aims to provide clarity and consistency in the administration of employee compensation, safeguarding both the interests of the employees and the integrity of the compensation process.
Scope and Application
The Regulations under the Commonwealth Employees’ Compensation Act 1930 apply to individuals or entities involved in appeals related to employee compensation claims within the Commonwealth jurisdiction. These regulations specifically address the costs associated with applications for extensions of time for appeal and appeals themselves, including any adjournments, and place the discretion to allow such costs on the relevant Court. The scope of these regulations is nationwide, as they pertain to Commonwealth employees and compensation claims across Australia. Notably, the regulations establish a clear framework for determining the fees, expenses, and disbursements that may be allowed in the context of these appeals, ensuring a consistent approach to cost management. The regulations do not specify exclusions or exemptions, but they do provide a structured process for the assessment and payment of costs, empowering the Court to make necessary orders and enforce them similarly to judgments. The applicability of these regulations is further extended through subordinate instruments, which may provide additional guidance or specific provisions as needed.
Key Provisions
The Regulations under the Commonwealth Employees’ Compensation Act 1930, as amended, introduce a new regulation concerning the allowance of costs associated with appeals. Regulation 18 (subsection 1) specifies that the allowance of costs related to applications for an extension of time for appeal or to any appeal, including adjournments, is at the discretion of the Court. The Court has the authority to either allow or disallow these costs (subsection 2). When costs are allowed, the Court must issue an order specifying who is to pay the costs to whom. If the parties do not agree on the amount of the costs, the Court or the Taxing Officer must determine the amount in accordance with the specified provisions (subsection 3). The fees for legal services are capped as outlined in the regulation, with different rates for various stages of the appeal process, such as preparing, filing, and opposing notices, and attending hearings (subsection 3(a)). Additionally, expenses and mileage for the attendance of parties or witnesses, as well as disbursements deemed proper by the Court or the Taxing Officer, can be allowed (subsections 3(b) and 3(c)). An order for the payment of costs made under this regulation is legally binding and enforceable in the same manner as a judgment of the Court (subsection 4).
The Regulations impose several obligations on the parties involved in an appeal under the Commonwealth Employees’ Compensation Act 1930. Firstly, parties must adhere to the specified scales for legal fees and the rates for expenses and mileage, which are not to exceed those ordinarily allowable for attendance in court actions (subsection 3). Secondly, the Court or the Taxing Officer must determine the amount of costs if the parties cannot agree. Thirdly, parties must comply with the Court’s orders regarding the payment of costs, which carry the same legal force as a judgment (subsection 4). Furthermore, the Taxing Officer, defined as the Registrar, Clerk of the Court, or another person authorised to tax costs in the Court, plays a crucial role in determining the allowable costs (subsection 5). Failure to comply with these obligations could lead to disputes over the amount of costs and potentially additional legal proceedings to enforce the Court’s orders.
Breaches of the provisions outlined in Regulation 18 could result in legal consequences for the parties involved. If a party fails to comply with the Court’s order regarding the payment of costs, the aggrieved party may seek enforcement of the order through legal means, such as bankruptcy proceedings or other enforcement actions, as if the order were a judgment of the Court (subsection 4). However, the Regulations do not specify explicit penalties for non-compliance with the cost allowance provisions. The consequences would largely depend on the specific nature of the non-compliance and the remedies available under the broader legal framework governing court orders and judgments. The maximum penalties for such breaches are not explicitly stated in the Regulations but would be determined in accordance with the applicable laws and judicial discretion.