STATUTORY RULES.
1936. No. 4.
––––––
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.
(L.S) | GEO. J. DETHRIDGE, |
Chief Judge, |
GEO. S. BEEBY, |
Judge. |
E. DRAKE-BROCKMAN, |
Judge. |
Murray M. Stewart, Industrial Registrar.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
Overview
The Statutory Rules 1936 No. 4, enacted by the Commonwealth Court of Conciliation and Arbitration, sought to amend the existing Rules of Court to address procedural issues in handling claims for penalties related to breaches of awards, orders, or directions made by the Court. This legislative instrument was enacted to refine the procedural framework governing penalty recovery claims within the Court. The objective was to streamline the process by which penalties are sought for breaches of awards, orders, or directions, thereby ensuring more efficient and effective enforcement of arbitration outcomes. The rules came into effect on 15 January 1936, providing a revised procedural mechanism for such claims.
Scope and Application
The Commonwealth Court of Conciliation and Arbitration Rules of Court, as amended by Statutory Rules 1936 No. 4, primarily applies to the procedural aspects of cases brought before the Court under the Commonwealth Conciliation and Arbitration Act 1904-1934. This legislation governs the formal conduct of legal proceedings within the jurisdiction of the Commonwealth Court, including the filing and processing of applications for penalties arising from breaches of awards, orders, or directions issued by the Court. The Rules apply to all individuals and entities that engage in proceedings before the Court, such as employers, employees, unions, and other stakeholders in industrial relations matters. The geographic reach of these Rules is national, as the Court is a federal institution with jurisdiction across Australia. While the Act and its associated Rules broadly cover all relevant industrial disputes, specific exclusions or exemptions are not detailed within the Rules themselves, but rather are found in the substantive Act or in other related legislative provisions. The application and interpretation of these Rules may be further refined through subordinate instruments, such as additional forms or procedural guidelines issued by the Court.
Key Provisions
The key operative sections of the Rules of Court for the Commonwealth Court of Conciliation and Arbitration, as amended, concern the procedure for recovering penalties for breaches of awards, orders, or directions. Specifically, Rule 71 mandates that any application for the recovery of a penalty must be made by summons, and it provides the format for this summons, which should be similar to Form 25. This form is intended to be used when a claimant seeks to impose a penalty on a respondent for breaching or failing to observe an award, order, or direction of the Court. The summons must specify the details of the alleged breach, including the date and nature of the breach, and it must be served on the respondent, requiring them to appear before the Court on the specified date and time to answer the claim.
The obligations imposed by these Rules require claimants to follow a precise procedure when seeking to recover penalties. This includes preparing a summons that adheres to the prescribed format, ensuring all necessary details of the alleged breach are included, and serving the summons on the respondent in accordance with the Rules. The respondent, upon receiving the summons, is obligated to appear before the Court on the specified date and time to respond to the claim. Failure to comply with these procedural requirements could potentially invalidate the summons or the subsequent proceedings.
Any failure to comply with these Rules may lead to civil consequences, although specific penalties are not detailed in the statutory rules themselves. Generally, non-compliance with Court rules can result in procedural defaults, which may affect the outcome of the proceedings or lead to additional administrative actions. While the specific penalties for breaches are not outlined in this statutory instrument, it is likely that the Court would impose penalties under its inherent jurisdiction or relevant legislation to ensure compliance with procedural requirements.