(1) In these rules, unless the context or subject matter otherwise indicates or requires: coal miner means a worker employed in or about a mine to which theapplies. Coal Mines Regulation Act 1982 coal miner’s claim means a claim for compensation pursuant to the Workers Compensation Acts in respect of any injury received by a coal miner.compensation includes any monetary benefit under the Workers Compensation Acts or a Special Statutory Compensation Act.conciliator means a District Court conciliator being an officer or employee of the Court nominated by the registrar to carry out conciliation in connection with a coal miner’s claim.Special Statutory Compensation Act means the, the Police Act 1990 , the Police Regulation (Superannuation) Act 1906 , the Sporting Injuries Insurance Act 1978 , and the Workers Compensation (Bush Fire, Emergency and Rescue Services) Act 1987 . Workers’ Compensation (Dust Diseases) Act 1942 special statutory compensation claim means a claim for compensation pursuant to a Special Statutory Compensation Act.the Act means the. District Court Act 1973 WorkCover Authority means the WorkCover Authority constituted under the. Workplace Injury Management and Workers Compensation Act 1998 Workers Compensation Acts means the, the Workers’ Compensation Act 1926 and the Workers Compensation Act 1987 . Workplace Injury Management and Workers Compensation Act 1998
(1) The registry for each proclaimed place shall be under the control and direction of the registrar for the place, subject to any direction by the Chief Judge or a Judge.
(1) An application must be commenced:
(a) at the proclaimed place nearest to the address at which the medical practitioner practises, or (b) at some other proclaimed place that in the special circumstances of the case appears to the registrar for that other proclaimed place to be more convenient.
(1) A summons commencing an appeal against a decision of the Children’s Court shall contain the full name and address of the appellant, the full name and address of the child the subject of the decision, and the identifying number of, or other information sufficient to identify, the proceedings in the Children’s Court leading to the decision.
(1) An appellant may, at any time before the hearing of his appeal commences, withdraw the appeal by filing and serving notice of withdrawal.
(1) An application for leave must be made by summons. (2) An application for leave must be filed and served within:
(a) the period specified in section 39 (2) (a) of the Victims Act, or (b) such further time as the Court may allow under section 39 (2) (b) of the Victims Act.
(1) The registrar for Sydney and the registrar for Newcastle shall each maintain a Coal Miners’ Workers Compensation List and shall enter in that List any action under the Acts as soon as the action is commenced or transferred under section 7 (1) (a) of the . Compensation Court Repeal Act 2002
(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, as modified by clauses 235, 236 and 237 respectively of the . Workers Compensation Regulation 2003
(1)
(1) In this rule expert’s report andhospital report have the same meaning as in rule 31.18 of theand Uniform Civil Procedure Rules 2005 party includes any person who has filed a notice of appearance or notice of grounds of defence.(2) This rule applies in respect of any proceedings subject to the , the Workers Compensation Acts and any regulations made thereunder and to any orders of the Court or agreement between the parties not inconsistent with such Acts or regulations. Evidence Act 1995 (3) Primary expert’s reports must be served by each party in any proceedings prior to conciliation and any reports in reply or refresher reports must be served not later than 28 days before the hearing. (4) Where an expert’s report is served in accordance with subrule (3), or an order is made under subrule (2), the report is admissible, without further evidence, oral or otherwise, as evidence of the expert’s opinion and, where the expert’s direct oral evidence of a fact upon which the opinion was formed would be admissible, as evidence of that fact.
(1) Unless the conciliator otherwise directs, a conciliation conference shall be attended by:
(a) subject to paragraph (b), each party or, where a party is a company, an officer of the company having authority to settle the proceedings, or (b) if the conduct of the proceedings by a party is controlled by an insurer, an officer of the insurer having authority to settle the proceedings.
(1) The registrar for Sydney shall maintain a Special Statutory Compensation List and shall enter into that List any action under the Acts as soon as the action is commenced or transferred under section 7 (1) (a) of the . Compensation Court Repeal Act 2002
(1) Where any proceedings are entered in the List, the registrar shall, as soon as convenient and not later than 3 months after the filing of a statement of claim, list the proceedings before a Judge (appointed by the Chief Judge for the control of proceedings in the List) for directions under this rule, and shall advise the parties of the listing.
(1) The following applications to the Court must be made on notice of motion before the day on which the proceedings commence to be heard unless the Court in special circumstances otherwise orders:
(a) an application under section 66A (1) of the or an application for leave under section 66A (3) or (4) of that Act, Motor Accidents Act 1988 (b) an application under section 119 (1) of the or an application for leave under section 119 (3) or (4) of that Act. Motor Accidents Compensation Act 1999
(1) In the interpretation of this Part, preference must be given to a construction that will promote, and be consistent with, the purpose in subrule (2) and the statements in subrules (3) and (4).
(1) The Court may, if it is in the interests of the administration of justice, refer a litigant to a registrar for referral to a barrister or solicitor on a Pro Bono Panel for legal assistance. (2) For the purposes of subrule (1), the Court may take into account:
(a) the means of the litigant, and (b) the capacity of the litigant to obtain legal assistance outside the scheme, and (c) the nature and complexity of the proceedings, and (d) any other matter that the Court considers appropriate.
(1) An application by a barrister or solicitor to a registrar for leave to cease to provide legal assistance must be in writing and must briefly state the reasons for the application.
(1)
(1) A party to any proceedings may search the file kept by the registrar in respect of the proceedings. cf DCR r 17 (1).
(1) In this rule, process means any summons or order (but not a subpoena), whereby a person is called upon to attend before the Court or a registrar on a day named in the process, andreturn-day means the day so named.
(1) In this rule: appeal means an appeal under section 23 (1) of the. Crimes (Local Courts Appeal and Review) Act 2001 respondent in respect of an appeal means the person on whom the sentence appealed against was imposed.
(1) In this rule: copy means a true copy of a document (including a notice of listing) to be served.party means the person to be served with a document.service means service of a document required or permitted by or under any Act or these rules or by any order of the Court to be served in the conduct of any proceedings.(2) Except where otherwise provided by or under any Act or these rules, service may be effected:
(a) on an accused person, appellant, or respondent to an appeal under section 23 (1) of the —by a member of the police force or a Sheriff’s Officer, or Crimes (Local Courts Appeal and Review) Act 2001 (b) on any other person, by any person over the age of 16 years. (3) Service may be personal, but need not be personal unless required by the rules or any order. (4) Personal service may be effected by delivering a copy to the party personally.
(1) A legal practitioner whose authority to act for a party in any proceedings has not been terminated by the party shall not, without the leave of the Court, cease to act for the party unless he has given reasonable notice of his intention to so cease to act to all parties to the proceedings, the registrar and the Criminal Listing Director. (2) An application for the leave of the Court as mentioned in subrule (1) shall be made on notice to all parties to the proceedings, the registrar and the Criminal Listing Director of the day and the place where, and the grounds on which, the leave is to be sought.
(1) This rule applies subject to any order made by the Supreme Court under Section 577 of the , or by the Attorney General, in respect of the venue of any proceedings. Crimes Act 1900
(1) Any application to the Court in relation to any proceedings which may practicably be made before the day appointed for the hearing of the proceedings shall be made before that day. (2) An application may be made, and the Court may make orders with regard to the application, before the day appointed for the hearing, where the application is:
(a) for adjournment, (ai) to seek or to give any admission or consent, (b) to quash or stay an indictment, (c) to demur to an indictment, (d) for separate trials, (e) for severance of counts, (f) for change of venue, (g) to set aside a subpoena, (gi) for leave to withdraw an appeal under section 67 of the , Crimes (Local Courts Appeal and Review) Act 2001 (h) for directions generally, (i) for an order under the , or Bail Act 1978 (j) for an order under rule 11 (1).
(1) An indictment may be presented by filing a copy of the indictment with the registrar.
(1) The Court may order that an enquiry by way of a voir dire into the admissibility of any evidence or as to the capacity of a witness to give evidence be had, before the trial Judge, at any stage of any proceedings whether before or after the jury is empanelled.
(1) The registrar shall:
(a) maintain a record of every recognizance entered into by order of the Court, and (b) where money is paid to the registrar as required by a condition of a recognizance, maintain a record of the payment and disburse the money to the person entitled to it. (2) Where a recognizance entered into by order of the Court is conditioned to require a party to do or refrain from doing any thing or to suffer the doing of any thing by any person, and it is alleged that the party is in breach of that condition, the person so alleging shall without delay so advise the registrar.
(1) This rule applies to an interpreter whose services are provided by arrangement with the registrar for the assistance of the Court in the translation of evidence given in any proceedings.
(1) This rule applies to a subpoena issued to a person who is not a party to the proceedings. (2) A document or thing that may be produced to the Court under section 226 (1) of the may be produced to the registrar of the Court. Criminal Procedure Act 1986
(1) A notice of application to set aside a subpoena (either wholly or in part) is to be in the approved form.