New South Wales Repealed Regulations

This legislation has been repealed.

COMPENSATION COURT RULES 1990 - SECT 5.4C

5.4C Compliance with statutory restrictions on commencement of proceedings under the 1998 Act

(1) This rule is made pursuant to section 104 of the 1998 Act.

(2) This rule applies to claims for compensation referred to in sections 101, 102 and 103 of the 1998 Act.

(3) A party seeking to commence any proceeding in respect of any such claim shall file with the initiating process either:

(a) a copy of a conciliation certificate issued by the Principal Conciliator or a conciliation officer pursuant to section 84 indicating that conciliation was wholly or partially unsuccessful, or

(b) a copy of the notification by a conciliation officer under section 95 (4) in relation to the dispute which is the subject matter of the proposed proceedings, and/or

(c) a certificate of compliance in the form stipulated by sub-rule (6) of this rule certifying that the commencement of such proceedings is not contrary to the provisions of section 101, 102 or 103 of the said Act as the case may be.

(4) Where the certificate of the Principal Conciliator or conciliation officer or the notification under section 95 (4) files with the initiating process does not expressly deal with all elements sought to be recovered in the proposed proceeding the party seeking to commence proceedings shall also file with the initiating process a certificate of compliance in relation to all other elements.

(5) Any initiating process not accompanied by such appropriate certificate, certificates and/or notification shall not be accepted for filing.

(6) Such certificate of compliance shall be in or to the effect of the approved form or such portion or portions thereof as may be relevant to the particular matter.

(7) Where, leave of the Court having been previously obtained, a party seeks to file an amended application for determination adding an additional party or parties to the current proceedings then the provisions of this rule apply mutatis mutandis in respect of the proposed applications against such added party or parties.

(8) This rule applies in respect of all initiating process presented for filing on or after 11 December 1998.