Rules of Court - Commonwealth Court of Conciliation and Arbitration (Amendment)

STATUTORY RULES.

1936. No. 4.

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THE COMMONWEALTH COURT OF CONCILIATION AND ARBITRATION.

Rules of Court.*

As of Friday the 20th day of December 1935.

IT is ordered, as follows:—

1. That the Rules of the Commonwealth Court of Conciliation and Arbitration as of the 3rd day of October 1905 as amended by Rules of Court dated the 22nd day of November 1909 the 28th day of April 1924 and the 4th day of June 1931 respectively be further amended as follows that is to say

(a) By repealing Rule 71 and by substituting therefor the following

Proceeding for Penalty.

71. Every application for the recovery of a penalty for any breach or non-observance of an award, order or direction of the Court shall be by summons similar in substance to Form 25 hereto.

(b) By inserting in the Forms comprised in the said Rules of Court the following new Form

Form 25 (Rule 71).

Summons to Answer Claim for Penalty.

(Title as in Form 1)

In the matter of the Commonwealth Conciliation and Arbitration Act 1904-1934.

A.B.

Claimant

and

C.D.

Respondent

To the abovenamed [state name of respondent]—

You are hereby summoned to appear before the Commonwealth Court of Conciliation and Arbitration at                                                                       on the                                           day                                                        19              , at                                                                       o’clock in the                                                         to answer a claim made by the above-named claimant [state name of claimant]’ as [state qualification to sue for penalty] that a penalty be imposed upon you under the above-named Act for that you on                                                                                                                at                                                                                     did commit a breach of (or did fail to observe) [state shortly the award; order, or direction alleged to be broken] in that you [state shortly breach alleged]

Dated this                         day of                                                                                                                              , 19              .

Registrar.

(c) By deleting the figures “46” appearing at the head of Form 11 comprised in the said Rules and by inserting in lien thereof the figures “47”.

*Notified in the Commonwealth Gazette on 9th January, 1936.

103.—Price 3d.

2. That the foregoing Rules shall come into operation on the 15th day of January, 1936.

Murray M. Stewart, Industrial Registrar.

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