New South Wales Consolidated Regulations

WORKERS COMPENSATION COMMISSION RULES 2006 - REG 11.1

11.1 Joining other parties and disputes

(1) Proceedings may relate to one or more disputes arising out of a claim or in relation to the same injury (or series of injuries).

(2) If there is more than one dispute arising out of the same injury (or series of injuries), the Registrar may direct that those disputes be dealt with in the same proceedings.

(3) Two or more persons can be joined as the applicant or the respondent in any proceedings where:

(a) if separate proceedings are brought by or against each of them, some common question of law or fact would arise in all of those proceedings and all rights claimed in those proceedings (whether they are joint, several or alternative) would be in respect of or arise out of the same injury (or series of injuries), or

(b) the Commission gives leave to do so.

(4) If a person who is not a party to any proceedings:

(a) should have been joined as a party to the proceedings, or

(b) is a person the joining of whom as a party to the proceedings is necessary to ensure that all matters in dispute may be effectually and completely determined,

the Registrar, on application by the person or by a party, or on the Registrar’s own motion, may order that the person be joined as a party to the proceedings and make such other relevant orders, including orders for amendment, in relation to the proceedings as the Registrar considers appropriate.

(5) If a person is joined by order under subrule (4) on application by a party, the party must serve on the person:

(a) a notice that advises the person of the joinder and of the time within which the person must lodge and serve a reply (14 days after the date of service of the notice), and

(b) a copy of any document lodged to commence the proceedings, any document lodged in answer to that document or to any other document lodged in the proceedings, and any information or document required to be lodged and served with any such document, and

(c) a copy of a notice to any other person joining that other person as a party to the proceedings.

(6) If a person is joined by order under subrule (4) on the person’s own application or on the motion of the Registrar, the Registrar is to serve notice of the joinder on the person.

(7) Where the proceedings were commenced by way of application to resolve a dispute, the person joined as a party must lodge with the Commission and serve on the applicant and any other party to the proceedings a reply to the application to resolve a dispute within 14 days of being served with notice under subrule (5) or (6).

(8) If the person joined is an employer (but not a self-insurer), the notice required by subrule (5) or (6) to be served must also be served on the employer’s insurer.

(9) Without leave of the Commission, the failure of a worker to notify of an injury as required by the Workers Compensation Acts may not be raised as an issue in the reply by the party joined if that issue has not been included in the notice given in accordance with section 74 of the 1998 Act by the party joined.

(10) A party joined who wishes to object to the joinder must include in the party’s reply the reasons why the party should not properly be included as a party to the proceedings.

(11) No proceedings are rendered invalid by reason only of the joinder of a person in error or by the failure to join a person as a party to those proceedings.