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Industrial Relations Commission of NSW
Delegation to Registrar
Delegation to the Industrial Registrar under section 13 of the Civil Procedure Act 2005 and Rule 2.2 of the Industrial Relations Commission Amendment (Industrial Court) Rules 2024.
Pursuant to section 13 of the Civil Procedure Act 2005 and Part 2.2 of the Industrial Relations Commission Amendment (Industrial Court) Rules 2024, I direct with effect from 1 July 2024 that an Industrial Registrar of the Industrial Relations Commission (including a person acting as the Industrial Registrar in accordance with Part 10 of the Industrial Relations Act 1996) may exercise the functions of the Industrial Relations Commission as stated in Parts 1 to 3 of the schedule to this direction.
1 July 2024
Justice I Taylor
President
Industrial Relations Commission and Industrial Court
SCHEDULE
Part 1
The functions of the Commission as provided for in Column 1 but subject to the restriction (if any) mentioned in Column 3.
The matter in column 2 is inserted for convenience of reference only and does not affect the operation of the direction.
Civil Procedure Act 2005
| Column 1 | Column 2 | Column 3 |
|---|---|---|
| Section | Description | Restriction |
| Section 14 | Dispense with rules in particular cases | Restricted to those matters which a registrar may deal with |
| Section 61(1), (2), and (3)(f) and (g) | Directions as to practice and procedure | |
| Section 64 | Amendment of documents | Restricted to those matters which a registrar may deal with |
| Section 65 | Amendment of originating process expiration of limitations period | Restricted to those matters which a registrar may deal with |
| Section 66 | Adjournment of proceedings | |
| Section 67 | Stay of proceedings | Restricted to those matters which a registrar may deal with |
| Section 68 | Attendance and production | |
| Section 86 | Orders and terms | Restricted to those matters which a registrar may deal with |
| Section 98 | Costs | Restricted to those matters which a registrar may deal with unless the matter has been referred in accordance with Part 3 of this Schedule |
Uniform Civil Procedure Rules 2005
| Column 1 | Column 2 | Column 3 |
|---|---|---|
| Section | Description | Restriction |
| Rule 1.12 | Extension and abridgment of time | |
| Rule 1.13 | Fixing time | |
| Part 2 | Case management generally | Except a direction or order the subject of a restriction elsewhere in this direction. |
| Rule 4.10(4) | Rejection of documents | |
| Rule 7.3 | Leave to an unrepresented litigant to issue subpoena | |
| Rule 7.15(5) | Leave to replace tutor in proceedings | |
| Rule 7.18 | Appointment and removal of tutor | |
| Rule 7.21 | Striking out appearance of person sued in a business name | |
| Rule 7.22 | Leave to proceed before amendment made | |
| Rule 7.29 | Withdrawal of solicitor | |
| Rule 10.1 | Service of filed documents | |
| Rule 10.2 | Service of affidavits | Restricted to those matters which a registrar may deal with |
| Rule 10.7 | Orders as to the giving of notice by the Commission |
|
| Rule 10.14 | Substituted and informal service | |
| Rule 10.16 | Service on person in default by filing | |
| Rule 12.1 and 12.3 | Leave to discontinue | |
| Rule 12.4 | Stay of further proceedings to secure costs of discontinuance of proceedings | |
| Rule 12.5 | Leave to withdraw an appearance | |
| Rule 12.7(1) | Dismiss proceedings for want of due dispatch by plaintiff | Provided at least one month's notice of the proposal to make such an order has been given to the plaintiff |
| Rule 12.10 | Stay to secure costs after dismissal | |
| Rule 13.6 | Dismiss for non-appearance of plaintiff | |
| Rule 14.2 | Dispense with further pleadings | |
| Rule 14.3 | Time for filing defence | |
| Rule 14.5 | Further pleadings | |
| Part 15 | Particulars | Except for an order to dismiss the proceedings under UCPR 15.16 |
| Part 18 | Motions | Restricted to those matters which a registrar may deal with |
| Part 19 | Amendment | Restricted to those matters which a registrar may deal with |
| Part 21 | Discovery/Inspection/Production | in respect of proceedings before the Commission to the extent to which the Commission has ordered that this Part apply |
| Rule 28.5 | Consolidation, etc | |
| Rule 29.3 | Time and place of trial | |
| Rule 31.4 | Service of witness statements | |
| Part 33 | Subpoenas | |
| Part 34 | Notice to produce at hearing | |
| Rule 35.1 | Using irregular affidavit | in respect of proceedings before the Commission to the extent to which the Commission has ordered that this Part apply |
| Rule 35.2 | Cross examination of Deponent | Restricted to those matters which a registrar may deal with |
| Rule 35.9 | Filing of affidavit | |
| Rule 36.1A | Consent Orders | Restricted to those matters which a registrar may deal with |
| Rule 36.11 | Entry of judgment or orders | Unless the Court directs entry to be effected in a specific manner |
| Rule 36.14 | Service of Judgment or Order | Restricted to those matters which a registrar may deal with |
| Rule 36.16 | Setting aside default judgment | |
| Rule 36.17 | "Slip rule" | |
| Rule 36.18 | Variation of judgment or order against party operating under unregistered business name | |
Part 2
The functions of the Commission are provided for in Column 1 but subject to the restrictions (if any) mentioned in column 3.
The matter in column 2 is inserted for convenience of reference only and does not affect the operation of the direction
Industrial Relations Act 1996
| Column 1 | Column 2 | Column 3 |
|---|---|---|
| Part and/or section | Description | Description |
| Section 170 | Amendments and Irregularity of proceedings | |
| Part 7A | Case management generally | Subject to any Practice Note issued by the President |
Industrial Relations Commission Amendment (Industrial Court) Rules 2024
| Column 1 | Column 2 | Column 3 |
|---|---|---|
| Part and/or section | Description | Restriction |
| Rule 2.7 | Access to documents | Subject to any Practice Note issued by the President |
| Rule 7.7 | Appeal Books | |
Fair Work Act 2009 (Cth)
| Column 1 | Column 2 | Column 3 |
|---|---|---|
| Part and/or section | Description | Restriction |
| Sections 545(3) and 546(1) | Case management generally | Restricted to those matters which a registrar may deal with |
Part 3 General
1 Any judgment by consent and any order by consent.
2 Accepting an undertaking given to the Commission for the payment of a sum of money within a time specified in the undertaking.
3 Certifying a copy of a document to be a true copy where the registrar is authorised under any Act or Commonwealth Act or under the rules to issue or furnish a certificate or office copy of the document.
4 On any matter remitted by the Commission, where the only question for hearing is the amount to be recovered and costs.
5 On any matter remitted by the Commission, where the only question for hearing is the matter of costs.
6 Accepting an undertaking, or the continuation of an undertaking, given to the Commission.
7 A registrar may exercise the functions of the Commission for the purposes of, and in respect of all matters incidental to, the exercise of the registrar's powers under any Act, under any other provision of the rules, or under this direction.
8 Call-overs, directions hearings, readiness hearings, pre-hearing conferences, the recording of pleas and setting matters down before the Commission.
9 Issuing summons for production or to attend and give evidence.
10 The return of summons for production.
Last updated:
01 Jul 2024
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