New South Wales Consolidated Regulations

WORKERS COMPENSATION COMMISSION RULES 2006 - REG 4.2

4.2 Amendment of documents

(1) Subject to subrule (2), the Commission may, on the application of a party to any proceedings before the Commission, give the party leave to amend any document lodged by the party in the proceedings if the Commission considers the amendment to be necessary for the avoidance of injustice.

(2) Where a party seeks leave to amend a document, and the amendment would have the effect of substantially altering the parties to the proceedings or the nature of the proceedings, the Commission must not give the leave unless the Commission considers the amendment to be necessary in the interests of justice.

(3) An amendment referred to in subrule (1) may be made at any stage of the proceedings (including the commencement or purported commencement of the proceedings), and on such terms as the Commission thinks fit, but any application for an amendment must be made at least 7 days before any teleconference fixed in the proceedings.

(4) Where the Commission gives leave to amend a document the Commission may give directions as to the conduct of the proceedings consequent on the amendment, and any such direction must be complied with as though it were a provision of these rules.

(5) Subrule (1) does not extend to allow amendment of any information or document required by rule 10.3 to be lodged.

(6) Subject to subrule (2), where the amendment for which leave is sought:

(a) is of a minor nature and will not have any substantive effect on the case to be put by any party, or

(b) is consented to by all parties to the proceedings,

the Registrar (or, if the proceedings have been referred to an Arbitrator and remain so referred, the Arbitrator) may give the party applying leave to make the amendment without complying with the provisions of subrule (7) or (8) (as the case may require).

(7) Subject to subrule (6), where a party to any proceedings applies for leave to amend as referred to in subrule (1) before the proceedings are referred to an Arbitrator, the following provisions apply:

(a) the application must be in writing and must fully set out the grounds for the application,

(b) the party applying must serve the application on all other parties to the proceedings and must lodge the application with the Registrar,

(c) a party to the proceedings who wishes to object to the amendment must serve on the party applying, and lodge with the Registrar, written notice of the reasons for the objection within 2 working days of being served with the application,

(d) subject to paragraph (f) (iii), the Registrar must determine an application lodged under paragraph (b),

(e) the Registrar may determine an application lodged under paragraph (b) solely on the basis of the written application and the written notice of objection (if any),

(f) without limiting paragraph (e), when considering an application lodged under paragraph (b) the Registrar may do any of the following:

(i) seek further oral or written information from the parties, or any of them,

(ii) list the application for hearing before the Registrar,

(iii) refer the application to an Arbitrator for determination.

(8) Subject to subrule (6), where a party to any proceedings applies for leave to amend as referred to in subrule (1) after the proceedings are referred to an Arbitrator, the following provisions apply:

(a) the application must be in writing and must fully set out the grounds for the application,

(b) the party applying must serve the application on all other parties to the proceedings and must lodge the application with the Registrar,

(c) a party to the proceedings who wishes to object to the amendment must serve on the party applying, and lodge with the Registrar, written notice of the reasons for the objection within 2 working days of being served with the application,

(d) the Arbitrator must determine an application lodged under paragraph (b),

(e) the Arbitrator may determine an application lodged under paragraph (b) solely on the basis of the written application and the written notice of objection (if any),

(f) without limiting paragraph (e), when considering an application lodged under paragraph (b) the Arbitrator may do any of the following:

(i) seek further oral or written information from the parties or any of them,

(ii) list the application for hearing before the Arbitrator.