Australian Capital Territory

Workers’ COMPENSATION RULES
This consolidation has been prepared by the ACT Parliamentary Counsel’s Office
Reprinted as at 31 October 1998
TABLE OF PROVISIONS
Rule
PART I—PRELIMINARY
	1.	Citation
	5.	Interpretation
	6.	Application of Rules
Part II—Arbitration Proceedings
Division 1—Applications for Arbitration
	7.	Parties to proceedings
	8.	Application by dependants
	9.	Application by dependants where amount of compensation agreed or ascertained
	10.	Parties in proceedings respecting determination of sums payable for medical treatment and burial—no dependants
	11.	Parties under disability
	12.	Request for arbitration
	13.	Forms of request and particulars
	14.	Application by employer
	15.	Copies for Court etc.
	16.	Where applicant is illiterate etc.
Division 2—Proceedings in Arbitration before the Court
	17.	Fixing day for hearing

	18.	Notice to parties of day fixed
	19.	Service on respondents
	19A.	Service on insurer
	20.	Answer by respondent
	21.	Submission to award or payment into Court by respondent
	22.	Claims to indemnity under section 11
	23.	Appearance by third party
	24.	Proceedings on default of appearance by third party
	25.	Applications for directions
	26.	Costs as between third parties and other parties
	27.	Claims to indemnity under section 12, or otherwise than under section 11
	28.	Third party procedure where employer is applicant
	29.	Claim to indemnity as between respondents
	30.	Abridgment of time for service etc.
	31.	Procedure on arbitration
	31A.	Apportionment between insurers
	32.	Awards and orders
Division 3—Diseases
	33.	Application of Act and Rules to cases of industrial disease
Division 4—Appointment of New Arbitrators
	34.	Appointment of new arbitrators
Division 5—Registration, Reference and Removal of Memoranda and Agreements
	35.	Recording of memorandum of agreement etc.
	36.	Authentication of memorandum of decision of committee or arbitrator or memorandum of agreement
	37.	Notice to parties interested of memorandum having been received
	38.	Recording of memorandum if genuineness not disputed
	39.	Where genuineness disputed or objection made to memorandum being recorded
	40.	Notice of dispute or objection
	41.	Subsequent proceedings
	42.	Where objection made to adequacy of sum payable, or information given as to matters mentioned in Act Schedule 2, clause 8 (d)
	43.	Proceedings on application for recording of memorandum or rectification of register
	44.	Reference to Court of agreements
	45.	Removal of record of agreement from register

Division 6—Payment and Investment of Moneys and Suspension of Payments
	46.	Payment into Court and investment and application of lump sum payable under agreement in lieu of or for redemption of weekly payment to person under disability
	47.	Application to stay proceedings or suspend weekly payments on refusal of worker to submit to examination
	48.	Suspension of weekly payment pending application for review
	49.	Payment into Court, investment and application of payment in case of death
	50.	Payment into Court in case of death where liability admitted, but amount not determined
	51.	Payment into Court in case of death where liability denied
	52.	Payment into Court by solicitor or agent of employer
	53.	Application for payment into Court of weekly payment to person under legal disability
	54.	Application for variation of order as to apportionment among dependants etc.
	55.	Application of amount allotted to dependant in case of death
	56.	Investment and application of sums paid in redemption of weekly payments
	57.	Worker receiving weekly payment ceasing to reside in the Territory
	58.	Payment of arrears of weekly payments on death of worker residing out of the Territory
Part III—Costs and Fees
	59.	Costs
	60.	Costs awarded by committee or arbitrator
	61.	Taxation of costs
	62.	Review of taxation
	64.	Application to determine costs payable to solicitor or agent
	65.	Provisions as to order declaring lien etc.
	66.	Court fees
	67.	Bailiff’s fees
	68.	Amounts paid to witnesses
	68A.	Expenses of preparing plans etc.
Part IV—Enforcement of Awards and 
Agreements
	71.	Other proceedings for enforcement of award etc.
PART V—APPEALS AND QUESTIONS OF LAW
	72.	When award or order may be set aside or varied
	73.	Submission of question of law by committee or arbitrator to Court
	74.	Appeals to the Supreme Court

Part VI—Medical Referees
	75.	Application for reference to a medical referee
	76.	Application for assessors
	77.	Submission to medical referee
	78.	Summoning of and references to medical referees
Part VII—Miscellaneous
	79.	Appearance of parties
	80.	Note to be taken of question of law raised etc. and copy furnished
	81.	Citation of matters
	82.	Filing and service of documents and notices
	83.	Procedure where parties act by solicitors, and substituted service and notice in lieu of service
	84.	Rules 11 and 79 to apply to all proceedings
	85.	Procedure where no special provision made
	86.	Applications to be in writing
	87.	Records of proceedings and the Special Register
	88.	Forms in the Schedule or like forms to be used
THE FIRST SCHEDULE
FORMS
THE SECOND SCHEDULE
SCALE OF COSTS
THE THIRD SCHEDULE
COURT FEES PAYABLE ON PROCEEDINGS UNDER
THE WORKERS’ COMPENSATION ACT 1951
THE FOURTH SCHEDULE
BAILIFFS’ FEES
THE FIFTH SCHEDULE
WITNESSES’ EXPENSES

Australian Capital Territory

workers’ COMPENSATION RULES
Part I—Preliminary
1. 	Citation
	These Rules may be cited as the Workers’ Compensation Rules.1
5. 	Interpretation
(1) 	In these Rules, unless the contrary intention appears—
“committee” means a committee representative of an employer and his or her workmen with power to settle matters under the Act in the case of the employer and his or her workmen;
“Court” means the Magistrates Court;
“medical referee” means a legally qualified medical practitioner appointed by the Minister to be a medical referee for the purposes of the Act;
“principal” has the same meaning as in section 14 of the Act;
“solicitor” includes any of the persons mentioned in Rule 79 who may by leave of the Court appear on behalf of any party;
“special register” means the special register referred to in Rule 87;
“the Act” means the Workers’ Compensation Act 1951 and includes that Act as amended from time to time;
“the Registrar” means the person acting as Registrar of the Court;

(2) 	Any reference to a Form shall be read as a reference to a Form in the Schedule to these Rules.
(3) 	Unless the contrary intention appears, expressions in these Rules that are used in the Act have the same meanings as in the Act.
6. 	Application of Rules
	These Rules shall apply to proceedings taken in all cases (including pending cases) where the injury occurred after the commencement of the Act.
Part II—Arbitration proceedings
Division 1—Applications for Arbitration
7. 	Parties to proceedings
(1) 	Where an application is made for the settlement of the Court of any matter which under the Act is to be settled by arbitration, the party making the application shall be called “the applicant,” and, subject to these Rules, all other persons, whose presence at the arbitration may be necessary to enable the Court effectively and completely to adjudicate and settle all the questions involved, shall be made parties to the application, and shall be called “the respondents”.
(2) 	In any case in which both the principal and a contractor with him or her or two or more principals or employers are alleged to be liable to pay compensation under the Act, whether jointly, severally, or in the alternative, they may be joined as respondents.
8. 	Application by dependants 
(1) 	An application on behalf of the dependants of a deceased workman for the settlement by arbitration of the amount payable as compensation to such dependants may be made by the legal personal representative, if any, of the deceased workman on behalf of such dependants, or by the dependants themselves, and in either case the particulars to be filed as required by these Rules shall contain particulars as to the dependants on whose behalf the application is made.
(2) 	Where there is any conflict of interest between the dependants themselves, or if any dependants neglect or refuse to join in an application, the application may be made by or on behalf of some only of such dependants, the other dependants in either case being named as respondents.
(3) 	For the purposes of this Rule, the term “dependants” includes persons who claim, or may be entitled to claim, to be dependants, but as to whose claim to rank as dependants any question arises.
(4) 	An application for the determination of the amount payable as compensation shall contain particulars as to the dependant persons in respect of whom compensation is claimed.
9. 	Application by dependants where amount of compensation agreed or ascertained
(1) 	In any case in which the amount payable as compensation to the dependants of a deceased worker has been agreed upon or ascertained, but any question arises as to who are dependants, or as to the amount payable to each dependant, an application for the settlement of the question by arbitration may be made either by the legal personal representative, if any, of the deceased worker on behalf of the dependants or any of them, or by such dependants or any of them, against the other dependants, and the persons claiming or who may be entitled to claim to be dependants, but as to whose claim to rank as such a question arises; or the application may be made by the persons claiming to be dependants, but as to whose claim to rank as such a question arises, or any of them, against the legal personal representative, if any, of the deceased worker, and the dependants, and such of the persons claiming or who may be entitled to claim to be dependants as are not applicants.
(2) 	In any such case, if the employer has paid the agreed or ascertained amount of compensation, it shall not be necessary to make him or her a respondent, but if such compensation or any part thereof is still in his or her hands he or she shall be made a respondent.
(3) 	The employer, if made a respondent, may pay the amount of compensation in his or her hands into Court, to be dealt with as the Court directs, and thereupon further proceedings against him or her shall be stayed.
(4) 	The Registrar shall, as soon as practicable after the time of payment made pursuant to the last preceding sub-Rule, send notice thereof to the applicant and to the other respondents (if any), and the employer shall not be liable to any costs otherwise than in accordance with paragraph (c) of sub-Rule (6) of Rule 21.
10. 	Parties in proceedings respecting determination of sums payable for medical treatment and burial—no dependants
(1) 	An application for the settlement by arbitration of the compensation payable in respect of the expenses of medical treatment on and the burial of a deceased worker who leaves no dependants shall be made by the legal personal representative, if any, of the deceased worker.  If there is no such legal personal representative, the application may be made by any person to whom any such expenses are due.  In the latter case any other person known to the applicant as a person to whom any such expenses are due shall be joined in the application either as applicant or respondent.
(2) 	In any case in which application is made for the settlement by arbitration of such compensation, the compensation awarded, if insufficient for the payment of such expenses in full, shall be apportioned between the persons to whom the expenses are due in such manner as the Court directs.
11. 	Parties under disability
	The provisions of the Magistrates Court (Civil Jurisdiction) Act 1982 as to persons under disability shall, with the necessary modifications, apply to proceedings by way of arbitration under the Act:
Provided that the Court may at any time direct that an infant shall appear either as applicant or respondent in the same manner as if he or she were of full age.
12. 	Request for arbitration 
(1) 	An application for the settlement of any matter by arbitration shall not be made unless and until some question has arisen between the parties and the question has not been settled by agreement.  Where any question has arisen and has not been settled by agreement, an application for the settlement of the matter by arbitration shall be made by the applicant filing with the Registrar a request for the arbitration intituled in the matter of the Act and in the matter of the arbitration, which request shall state concisely the question which has arisen, and shall, with the subsequent proceedings thereon, be recorded in the special register.
(2) 	Particulars shall be appended or annexed to the request containing—
	(a)	a concise statement of the circumstances under which the application is made, and the relief or order which the applicant claims;
	(b)	the date of service of notice of the injury on the employer, or, if such notice has not been served, the reason for such omission; and
	(c)	the full names and addresses of the respondents and of the applicant, and of his or her solicitor, if the proceedings are commenced through a solicitor.
13. 	Forms of request and particulars
(1) 	The request and particulars shall be in accordance with such one of the Forms numbered 1 to 7 (inclusive) as is applicable to the case, with such modifications as the nature of the case requires.
(2) 	A copy of the notice of the injury shall be appended or annexed to the particulars.  If this rule cannot be complied with, the reason for the omission shall be stated in the particulars.
14. 	Application by employer
(1) 	Where an employer on whom a claim for compensation has been made desires to make an application for the settlement of any matter by arbitration, he or she shall file a request for arbitration in accordance with Rule 12, to which the worker, or the legal personal representative, if any, and the persons claiming or who may be entitled to claim to be dependants of a deceased worker, or the other persons (as the case may be) on whose behalf the claim is made, shall be respondents.
(2) 	Particulars shall be appended or annexed to the request containing—
	(a)	a concise statement of the circumstances under which the application is made;
	(b)	a statement whether the applicant admits his or her liability to pay compensation, or denies such liability, wholly or partially, with (in the latter case) a statement of the grounds on and extent to which he or she denies liability;
	(c)	a statement of the matters which the applicant desires to have settled by arbitration; and
	(d)	the full names and addresses of the respondents and of the applicant, and of his or her solicitor, if the proceedings are commenced through a solicitor.
15. 	Copies for Court etc.
	The applicant shall deliver to the Registrar with the request and particulars a copy thereof for the use of the Court, a copy for each respondent to be served and, if a respondent is an employer, a copy for the relevant approved insurer.
16. 	Where applicant is illiterate etc.
	Where any party to any proceeding is illiterate or unable to fill up any form required to be used, it shall be filled up by the Registrar.
Division 2—Proceedings in Arbitration before the Court
17. 	Fixing day for hearing
	On the filing of a request for arbitration, the Registrar shall, as soon as conveniently may be, appoint a day and hour for proceeding with the arbitration.  Such day shall, subject to the provisions of Rule 30, be so fixed as to allow the copies of the request and particulars to be served on the respondents at least fourteen clear days before the day so fixed.
18. 	Notice to parties of day fixed
(1) 	On the day for proceeding with an arbitration being fixed, the Registrar shall give or send by post notice, in accordance with Form 8, to the applicant, stating the place at which and the day and hour on and at which the arbitration will be proceeded with, and shall issue the copies of the request and particulars for service on the respondents and any relevant approved insurer, together with notices in accordance with Form 9, stating the place at which, the day and hour on and at which the arbitration will be proceeded with, and that if the respondents do not attend in person or by their solicitors at the appointed time and place such order will be made and proceedings taken as the Court thinks just and expedient.
(2) 	Where the request is filed by an employer, the notice to be served on the respondents shall be modified by the omission of the words therein relating to the denial or admission of liability to pay compensation.
19. 	Service on respondents
(1) 	The copies and notices mentioned in the last preceding Rule shall, subject to the provisions of Rule 30, be served on the respondents at least fourteen clear days before the day fixed for proceeding with the arbitration.
(2) 	The copies and notices mentioned in the last preceding Rule may be served by a bailiff of the Court or by the applicant or any competent person employed by him or her.
(3) 	Service may be in accordance with the provisions of subsection 25 (5) or (6) of the Act with reference to service of notice in respect of an injury, and the provisions of those subsections shall apply to such service.
(4) 	The applicant shall (unless the respondent files an answer) file with the Registrar an affidavit of the service of the documents, in accordance with Form 10, with such variations as the circumstances of the case require.
(5) 	Where an affidavit of service is not so filed before the day appointed for proceeding with the arbitration, the request for arbitration shall be struck out, but may be restored for hearing on such terms as the Court orders.
(6) 	Where the documents are served by post, they shall, unless the contrary be proved, be deemed to have been served at the time when the letter containing them would have been delivered in the ordinary course of post, and in proving the service of the documents it shall be sufficient to prove that they were properly addressed and registered.
19A. 	Service on insurer
	Where—
	(a)	an employer is a respondent to a request for arbitration;
	(b)	in accordance with the Act, the employer maintains, or maintained at the relevant time, a policy of insurance or indemnity with an approved insurer in relation to the subject matter of the arbitration; and
	(c)	copies of—
	(i)	the request and particulars; and
	(ii)	a notice in accordance with Form 9 in relation to the arbitration;
have been served on the employer in accordance with rule 19;
the employer shall—
	(d)	within 14 days after the date of receipt of the documents referred to in paragraph (c) serve a copy of each of those documents on the relevant insurer; and
	(e)	within 7 days after the date of service complete and file with the Registrar a certificate in accordance with Form 10A.
20. 	Answer by respondent
(1) 	If any respondent desires to disclaim any interest in the subject-matter of an arbitration, or considers that the applicant’s particulars are in any respect inaccurate or incomplete, or desires to bring any fact or document to the notice of the Court, or intends to rely on the fact that notice of the injury or of death, disablement or suspension was not given as required by the Act, or that the claim for compensation was not made within the time limit by the Act, or intends to deny (wholly or partially) his or her liability to pay compensation under the Act, he or she shall, seven clear days at least before the day fixed for proceeding with the arbitration, or if the time is abridged pursuant to Rule 30, then within the time fixed by the order, file with the Registrar an answer in accordance with Form 11, stating his or her name and address, and the name and address of his or her solicitor (if any), and stating that he or she disclaims any interest in the subject-matter of the arbitration, or stating in what respect the applicant’s particulars are inaccurate or incomplete, or stating concisely any fact or document which he or she desires to bring to the notice of the Court or on which he or she intends to rely, or the grounds on and extent to which he or she denies liability.
(2) 	The respondent shall with such answer file one copy thereof for the applicant and one copy for the Court, and one copy for each of the other respondents; and the Registrar shall as soon as practicable after receiving the copies transmit them by post to the applicant and the other respondents respectively.
(3) 	Subject to any answer so filed, the applicant’s particulars, and, in the case of a claim for compensation, the liability to pay compensation under the Act shall be taken to be admitted:
Provided that in case of non-compliance with this Rule, and of the applicant’s not consenting at the arbitration to permit a respondent to avail himself or herself of any matter of which he or she should pursuant to this Rule have given notice by filing an answer, the Court may, on such terms as it thinks fit, either proceed with the arbitration and allow the respondent to avail himself or herself of such matter, or adjourn the arbitration to enable the respondent to file the answer.
(4) 	The provisions of this Rule shall, with the necessary modifications, apply to a case in which a request for arbitration is filed by an employer; but a respondent who fails to file an answer shall not be taken to admit the truth of any statement in the applicant’s particulars in which he or she denies, wholly or partially, his or her liability to pay compensation.
21. 	Submission to award or payment into Court by respondent
(1) 	A respondent who admits liability may at any time before the day fixed for proceeding with the arbitration—
	(a)	where the application is made by an injured worker—
	(i)	file with the Registrar a notice in accordance with Form 12 that he or she submits to an award for the payment of a weekly sum, to be specified in the notice; or
	(ii)	file with the Registrar a notice in accordance with Form 12 that he or she submits to an award for the payment of a lump sum, to be specified in the notice, which he or she considers to be sufficient to cover his or her liability in the circumstances of the case, and pay such sum into Court; or
	(b)	where the application is made on behalf of the dependants of a deceased worker, or for the settlement of the compensation payable in respect of the expenses of medical treatment on and the burial of a deceased worker who leaves no dependants—
file with the Registrar a notice in accordance with Form 12 that he or she admits liability, and pay into Court such sum of money as he or she considers sufficient to cover his or her liability in the circumstances of the case,
In every such case, the respondent shall file as many copies of the notice as there are parties to whom notice of submission to an award or of payment into Court is to be sent.
(2) 	A respondent who denies liability may at any time before the day fixed for proceeding with the arbitration file a notice, in accordance with Form 12, of submission to an award or pay money into Court in accordance with this Rule, accompanied by a notice stating his or her name and address, and further stating that notwithstanding such submission or payment he or she denies his or her liability, together with as many copies of the notice as there are parties to whom notice of submission or payment is to be sent.
(3) 	The Registrar shall, as soon as practicable after the time of any notice filed or payment made pursuant to either of the two last-preceding sub-Rules, send notice thereof in accordance with Form 13 or 14, as the case requires (with a copy of the notice filed by the respondent), to the applicant, and to the other respondents (if any).
(4) 	If the applicant is a worker, and elects to accept in satisfaction of his or her claim the weekly payment or the lump sum specified in the respondent’s notice, he or she shall, within such reasonable time before the day fixed for proceeding with the arbitration as the time of filing of notice of submission by the respondent permits, send to the Registrar and to the respondent by post, or leave at the office of the Registrar and at the residence or place of business of the respondent, a written notice in accordance with Form 15, stating such acceptance.
(5) 	If the application for arbitration is made on behalf of the dependants of a deceased worker, or for the settlement of the compensation payable in respect of the expenses of medical treatment and burial, and the applicant is willing to accept the sum paid into Court in satisfaction of the compensation payable to the dependants, or in respect of such expenses (as the case may be), he or she shall, within such reasonable time before the day fixed for proceeding with the arbitration as the time of payment into Court by the respondent permits, send to the Registrar and to the respondent by post, or leave at the office of the Registrar and at the residence or place of business of the respondent, a written notice of such willingness, in accordance with Form 15.
If there are any other respondents, the applicant shall in like manner give notice of such willingness to those respondents; and if any of those respondents are willing to accept the sum paid into Court in satisfaction of such compensation, they shall in like manner give notice of such willingness to the Registrar and to the applicant and the other respondents.
(6) 	If the applicant is a worker, and elects to accept in satisfaction of his or her claim the weekly payment submitted to or the lump sum paid into Court by the respondent, or if in any other case the applicant and all the respondents give notice of their willingness to accept the sum paid into Court, the following provisions shall apply:
	(a)	Where the applicant is a worker and accepts the weekly payment submitted to or the lump sum paid into Court by the respondent, the Court may, on application made forthwith make an award directing payment of the weekly sum accordingly, or directing payment of the lump sum to or applying it for the benefit of the worker;
	(b)	Where in the case of death the respondent has paid money into Court, further proceedings against such respondent shall be stayed, except as hereinafter mentioned, and
	(i)	if the applicant and the other respondents agree as to the apportionment and application of the money, the Court may, on application made on behalf of or with the consent of all such parties, forthwith make an award for such apportionment and application;
	(ii)	in any other case the arbitration may proceed as between the applicant and the other respondents;
	(c)	In any such case the Court may, at its discretion, by its award order the respondent filing notice of submission to an award or paying money into Court to pay such costs as the applicant and the other respondents, or any of them, may have properly incurred before the receipt of notice of such submission or payment, and his or her or their costs properly incurred in relation to the notice of such submission or payment and to the notice of acceptance, including, if the Court on consideration of the facts of the case orders, any items which might have been allowed by order of the Court at the hearing of the arbitration;
	(d)	If the applicant or any respondent intends to apply for any such costs, he or she shall give notice of his or her intention in his or her notice of acceptance, in accordance with Form 15; or where the time of filing notice of submission to an award or the time of payment into Court by the respondent does not permit of notice of acceptance being given, the applicant or any respondent may apply for such costs without giving such notice.
(7) 	Where any party has not given notice of acceptance in accordance with this Rule, he or she may nevertheless accept the weekly payment which the respondent has submitted to pay, or the sum paid into Court, at any time before the arbitration is called on and opened, subject to the payment of any costs which may have been reasonably incurred by the respondent since the date of filing notice of submission or the date of payment into Court, and which may be allowed by the Court; and the Court may order any costs so allowed to be paid by the party so accepting, and may order the costs to be set off against any costs payable to that party or to be deducted from any weekly payment or compensation awarded to that party.
(8) 	In default of notice of acceptance by the applicant and all the respondents, the arbitration may proceed; but if no greater weekly payment or compensation is awarded than that which the respondent has submitted to pay or has paid into Court, the respondent shall not be liable to pay any further costs than such as he or she might have been ordered to pay if the weekly payment offered or sum paid into Court had been accepted; and the Court may order any costs incurred by that respondent after notice of submission to an award or payment into Court to be paid by any party who has not given notice of acceptance of such weekly payment or sum, and may order the costs to be set off against any costs payable to that party or to be deducted from any weekly payment or compensation awarded to that party.  The Court may also order any costs incurred after notice of payment into Court by any party who has given notice of acceptance to be paid by any other party who has not given such notice and to be deducted from any compensation awarded to such last-mentioned party.
(9) 	The provisions of this Rule shall, with the necessary modifications, apply to a case in which an employer has filed a request for arbitration.
22. 	Claims to indemnity under section 11
	Where a respondent claims to be entitled under section 14 of the Act to indemnity against any person not a party to the arbitration, he or she shall, seven clear days at least before the days fixed for proceeding with the arbitration, or if the time is abridged pursuant to Rule 30, then within the time fixed by the order, file a notice of his or her claim in accordance with Form 16; and the Registrar shall deliver the notice to the respondent, who shall serve it, together with a copy of the applicant’s request and particulars, and of the notice served on the respondent under Rules 18 and 19, upon the person against whom the claim is made, and the provisions of sub-Rules (2) to (6) of Rule 19 shall apply to such service.
23. 	Appearance by third party
	If any person served with a notice under the last-preceding Rule (in these Rules, other than in Rule 27, referred to “the third party”) desires to dispute the applicant’s claim in the arbitration as against the respondent on whose behalf the notice has been given, or his or her own liability to the respondent, he or she shall appear before the Court on the day fixed for proceeding with the arbitration, or on any day to which he or she may have received notice from the Registrar that the arbitration has been adjourned or postponed; and, in default of his or her so doing, he or she shall be deemed to admit the validity of any award made against the respondent as to any matter which the Court has jurisdiction to decide in the arbitration as between the applicant and the respondent, whether the award is made by consent or otherwise, and his or her own liability to indemnify the respondent to the extent claimed in the notice served on him or her by the respondent:
Provided that, if it appears to the Court, before or at the arbitration, that the notice of claim has not been served on the third party in time to enable him or her to appear on the day so fixed or notified, or that for any other sufficient cause the third party is unable to appear on such day, the Court may adjourn the proceedings in the arbitration on such terms, as to costs or otherwise, as it thinks just.
24. 	Proceedings on default of appearance by third party
	If the third party fails to appear on the day mentioned in Rule 23, or, if the proceedings are adjourned under that Rule, on the day to which the proceedings are adjourned, then, if the arbitration results in an award in favour of the applicant or the arbitration is finally decided in favour of the applicant otherwise than by an award, the Court may, on the application of the respondent, make such award as the nature of the case requires in favour of the respondent against the third party; but execution thereof shall not issue without leave of the Court until after satisfaction by the respondent of the award against him or her, or the amount recovered against him or her:
Provided that the Court may set aside or vary any award made against the third party under this Rule upon such terms as it thinks just.
25. 	Applications for directions
	The third party or the respondent may apply either before or at the arbitration to the Court for directions; and the Court, upon the hearing of the application, may, if satisfied that there is a question proper to be determined as to the liability of the third party to make the indemnity claimed, in whole or in part, order the question of such liability as between the third party and the respondent giving the notice to be determined at or after the arbitration, and if not so satisfied may make such award as the nature of the case requires in favour of the respondent giving the notice against the third party, or the Court may, if it appears desirable so to do, give the third party leave to resist the claim of the applicant against the respondent upon such terms as it thinks just, or to appear at the arbitration and take such part therein as it thinks just, and generally may give such directions as it thinks proper for having the question most conveniently determined, and as to the mode or extent in or to which the third party shall be bound or made liable by the award in the arbitration.
26. 	Costs as between third parties and other parties
	The Court may decide all questions of costs as between a third party and the other parties to the arbitration, and may order any one or more to pay the costs of any other or others, or give such directions as to costs as the justice of the case requires.
27. 	Claims to indemnity under section 12, or otherwise than under section 11
(1) 	Where a respondent claims that if compensation is recovered against him or her he or she will be entitled under section 22 of the Act, or otherwise than under section 14, to indemnity against any person not a party to the arbitration, he or she may, if he or she desires that such person shall be bound by the proceedings in the arbitration to the extent in this Rule provided, file and serve a notice of his or her claim in accordance with Rule 22.
(2) 	If any person served with a notice under the last preceding sub-Rule (in this Rule referred to as “the third party”) desires to dispute the applicant’s claim in the arbitration as against the respondent on whose behalf the notice has been given, he or she shall appear before the Court on the day fixed for proceeding with the arbitration, or on any day to which he or she may have received notice from the Registrar that the arbitration has been adjourned or postponed; and in default of his or her so doing he or she shall be deemed to admit the validity of any award made against the respondent as to any matter which the Court has jurisdiction to decide in the arbitration as between the applicant and the respondent, whether the award is made by consent or otherwise:
Provided that, if it appears to the Court before or at the arbitration that the notice of claim has not been served on the third party in time to enable him or her to appear on the day so fixed or notified, or that for any other sufficient cause the third party is unable to appear on that day, the Court may adjourn the proceedings in the arbitration on such terms, as to costs or otherwise, as may be just.
(3) 	The third party or the respondent may apply before or at the arbitration to the Court for directions; and the Court, upon the hearing of the application, may, if it appears desirable so to do, give the third party leave to resist the claim of the applicant against the respondent upon such terms as may be just, or to appear at the arbitration and take such part therein as may be just, and generally may give such directions as it thinks proper.
(4) 	If the third party obtains leave to resist the claim of the applicant against the respondent, the provisions of Rule 26 as to costs shall apply.
(5) 	Nothing in this Rule shall empower the Court to decide (otherwise than by consent) any question as to the liability of the third party to indemnify the respondent, or to make any award in favour of the respondent against the third party, or to make any further or other order than that the third party shall not be entitled in any future proceedings between the respondent and the third party to dispute the validity of the award as to any matter which the Court has jurisdiction to decide in the arbitration as between the applicant and the respondent:
Provided that, with the consent of the respondent and the third party—
	(a)	if the arbitration results in an award in favour of the applicant, or is finally decided in favour of the applicant otherwise than by an award, and the third party admits his or her liability to indemnify the respondent, the Court may, on application made to it at or after the hearing of the arbitration or the final decision thereof, make such an award as the nature of the case requires in favour of the respondent against the third party; but execution thereon shall not issue without leave of the Court until after satisfaction by the respondent of the award against him or her, or the amount recovered against him or her; or
	(b)	the Court may, on an application for directions, order any question as to the liability of the third party to make the indemnity claim to be settled, as between the respondent and the third party, by arbitration after the arbitration between the applicant and the respondent, and may on such subsequent arbitration make such award as the nature of the case requires in favour of either party against the other.
(6) 	In any case referred to in paragraph (a) or (b) of the proviso to the last preceding sub-Rule, the Court may decide all questions of costs as between the respondent and the third party, and may order either of such parties to pay the costs of the other (including any costs payable by such party to any other party to the arbitration), or give such directions as to the costs as the justice of the case requires.
28. 	Third party procedure where employer is applicant
	The provisions of Rules 22 to 27 of these Rules shall, with the necessary modifications, apply to a case in which an employer who has filed a request for arbitration claims to be entitled to indemnity against any person not a party to the arbitration.
29. 	Claim to indemnity as between respondents
(1) 	Where a respondent claims to be entitled to indemnity against any other respondent, a like notice shall be issued and the like procedure shall thereupon be adopted for the determination of questions between the respondents as might be issued and adopted against such other respondent if such last-mentioned respondent were a third party.
(2) 	Nothing contained in this Rule shall prejudice the rights of the applicant against any respondent.
30. 	Abridgment of time for service etc.
	The Court or the Registrar may for good cause shown abridge the time for service of a request for arbitration on any respondent, or the time for filing an answer or serving a third party notice under these Rules; and if an order is made to that effect a copy of the order shall be annexed to and served with the notice to be served on the respondent.
31. 	Procedure on arbitration
(1) 	Subject to the special provisions of these Rules and any special direction of the Court, the procedure in an arbitration shall conform as nearly as may be to the hearing of a claim under the Magistrates Court (Civil Jurisdiction) Act 1982.
(2) 	The burden of proof of any fact which is not admitted shall be the same whoever the party may be by whom the request for arbitration is filed.
31A. 	Apportionment between insurers
	Where, in an arbitration, the Court makes an award against more than 1 insurer, the Court shall apportion the amount so awarded among those insurers as it sees fit.
32. 	Awards and orders
(1) 	The award of the Court on any arbitration shall be in accordance with Form 17 and prepared and settled by the Registrar, and shall be signed by the Magistrate, and shall be filed and shall be enforceable in the same manner as a judgment or order of the Court.
(2) 	The Registrar shall notify the parties concerned, in accordance with Form 18, of the day upon which the award is to be settled.
(3) 	The Court shall have power at any time to correct any clerical mistake or error in the award arising from any accidental slip or omission.
(4) 	The Registrar shall, upon application being made in accordance with Form 19 by any person or by the solicitor of any person in whose favour an award or order has been entered up or made, issue and deliver to such person or solicitor a certificate thereof in accordance with Form 20.
Division 3—Diseases
33. 	Application of Act and Rules to cases of industrial disease
	In the application of the Act and these Rules to the case of a worker disabled by or suspended on account of his or her having contracted any disease, or in the case of a worker whose death has been caused by any disease, the following provisions shall apply:
	(b)	A request for arbitration shall, with any necessary modifications, be in accordance with Form 6 or 7, as the case requires;
	(c)	If the employer desires to add any other employer as a party to the arbitration for the purposes of subsection 9 (3) of the Act, he or she shall file with the Registrar in duplicate a notice in accordance with Form 21; and thereupon the Registrar shall make an order in accordance with Form 22 adding such other employer as a respondent, and may if necessary adjourn the hearing of the arbitration for such time as may be necessary to enable the other employer to be duly served;
	(d)	Where a respondent is added under the last preceding paragraph, copies of the notice pursuant to which he or she is so added, and of the order and a notice in accordance with Form 23 shall be sent by post to the applicant and the original respondent; and the like copies, together with a copy of the applicant’s request and particulars, and of the notice served on the original respondent under Rules 18 and 19, and a notice in accordance with Form 24 as to the place at which the day and hour on and at which the arbitration will be proceeded with, shall be issued by the Registrar for service on the added respondent, and the copies and notices shall be served on the added respondent in accordance with Rule 19, with the substitution of the original respondent for the applicant;
	(e)	The provisions of these Rules as to respondents shall apply to the added respondent from the date of service on him or her as if he or she had been originally made a respondent;
	(f)	At the hearing of the arbitration, the Court shall decide all questions as between the applicant and the original and added respondents, and may make such an award as is necessary effectively and completely to adjudicate upon and settle all the questions involved in the arbitration, and may make such order as to costs as between the applicant and the respondents, and as between the respondents themselves, as it thinks just;
	(g)	Where the employer claims to be entitled to contribution from any other employer, he or she may, by notice in accordance with Form 16, bring in such other employer as a third party in accordance with Rules 22 to 26 (both inclusive), 28 and 29; and the provisions of those Rules shall, with the necessary modifications, apply to any such claim to contribution in like manner as they apply to claims to indemnity.
Division 4—Appointment of New Arbitrators
34. 	Appointment of new arbitrators
(1) 	In case of the death or refusal or inability to act of an arbitrator, any party to the arbitration who desires to make an application to the Court to appoint a new arbitrator shall apply to the Registrar in accordance with Form 25 to fix a time and place for the hearing of the application.
(2)  The Registrar shall fix the hearing of the application before the Court for any sitting thereof appointed to be held within fourteen days from the date of the application to the Registrar, but so that he or she shall not, except by consent, fix the hearing for a day less than seven days from the date of the application.
(3) 	On the time and place for the hearing of the application being fixed, the Registrar shall issue to the applicant a summons in accordance with Form 26, addressed to the other party to the arbitration, and requiring him or her to attend on the hearing of the application.
(4) 	The summons shall be served by the applicant on the other party in accordance with Rule 19 of these Rules not less than four clear days before the day fixed for the hearing, unless that party agrees to accept shorter service.
(5) 	On the day fixed for the hearing, the Court shall dispose of the application on hearing the parties, or on hearing the applicant and on proof of service of the summons on the other party, if such other party does not appear.
(6) 	Before appointing any person to act as arbitrator, the Court shall ascertain whether such person is willing to act if appointed.
(7) 	The appointment may be made by indorsement on the summons, or by a separate order.
(8) 	The costs of the application shall be in the discretion of the Court, which may order the same to be paid by one party to the other, or to be dealt with as costs attending the arbitration, and any costs so allowed shall be taxed by the Registrar in the prescribed manner.
Division 5—Registration, Reference and Removal of Memoranda and Agreements
35. 	Recording of memorandum of agreement etc.
(1) 	The memorandum as to any matter decided by a committee or by an arbitrator or by agreement, which is by clause 9 of Schedule 4 to the Act required to be sent to the Registrar, shall be in accordance with Form 27, and shall be left at the office of the Registrar, or sent by post by registered letter addressed to the Registrar at his or her office, as soon as may be after the matter has been decided.
(2) 	Where the matter is decided after a medical referee has been appointed to report on any matter under clause 14 of Schedule 4 to the Act, a copy of the report of the referee shall be annexed to the memorandum and recorded therewith; and if the referee attended any proceeding in the arbitration it shall be so stated in the memorandum.
(3) 	In the case of an agreement as to any matter referred to in sub-Rule (1) of Rule 44, a separate statement as required by that sub-Rule shall be prepared in accordance with Form 28 and shall be left or sent with the memorandum of the agreement.
36. 	Authentication of memorandum of decision of committee or arbitrator or memorandum of agreement
(1) 	If the matter is decided by a committee or an arbitrator, the memorandum shall be authenticated by the signatures of the chairman and secretary to the committee, or by the signature of the arbitrator, and it shall be the duty of the committee or arbitrator, as soon as may be after the decision, to draw up and sign the memorandum or cause it to be signed as required by this Rule, and to leave or send it as required by the last preceding Rule, or to deliver it to some party interested, to be by him or her so left or sent.
(2) 	If the matter is decided by agreement, the memorandum shall be authenticated by the signatures or signature of the parties to the agreement or one of them, or, in the case of employers, by the signature of some official or other person in their employ duly authorized to sign on their behalf, or of an agent duly authorized to sign on their behalf, or, in the case of persons under disability, by the signature of their next friend on their behalf.
(3) 	A memorandum of an agreement may be left with or sent to the Registrar by insurers on behalf of the parties interested.
(4) 	There shall be left or sent with the memorandum a copy thereof for every party interested.
(5) 	Where the matter is decided by agreement, the Registrar may, if the original agreement is in writing, and is not left or sent to be recorded, require the original agreement to be produced; but he or she shall not be entitled to retain the original agreement where a memorandum thereof is left or sent to be recorded.
(6) 	An agreement made by or on behalf of any person under any legal disability shall be conditional only unless and until a memorandum thereof has been recorded in accordance with the Act and these Rules.
37. 	Notice to parties interested of memorandum having been received
	On the receipt of the memorandum and copies, the Registrar shall send one of the copies to every party interested, with a notice in accordance with Form 29, requesting such party to inform him or her within seven days from the date of the notice whether the memorandum is genuine, or whether he or she disputes its genuineness, and, if so, on what grounds.
38. 	Recording of memorandum if genuineness not disputed
	If all the parties interested admit the genuineness of the memorandum, or if none of such parties within such period of seven days disputes its genuineness pursuant to Rule 39, and the employer does not object to its being recorded pursuant to that Rule, the Registrar shall, subject to proviso (d) to clause 9 of Schedule 4 to the Act, and to Rules 42 and 44, record the memorandum without further proof.
39. 	Where genuineness disputed or objection made to memorandum being recorded
	If any party interested disputes the genuineness of the memorandum by alleging, in particular, in the case of a memorandum of an agreement that no such agreement has in fact been entered into, or that the terms of the agreement are not correctly stated in the memorandum, or that the agreement is no longer subsisting or enforceable, or that it is not enforceable by reason of its having been entered into under a mutual mistake, or obtained by fraud or undue influence or other improper means, or if, in any case where a worker seeks to record a memorandum of an agreement between his or her employer and himself or herself, the employer alleges that the worker has in fact returned to work and is earning the same wages as he or she did before the injury, and objects to the recording of the memorandum, the party so disputing or the employer so objecting shall within seven days from the date of the notice mentioned in Rule 37 file with the Registrar a notice in accordance with Form 30, stating the grounds on which he or she disputes the genuineness of the memorandum or objects to its being recorded, and shall with the notice file a copy thereof for each of the other parties interested.
40. 	Notice of dispute or objection
	On the receipt of any notice referred to in the last preceding Rule, the Registrar shall send a copy thereof to each of the other parties interested, together with a notice in accordance with Form 31, informing such party that the memorandum will not be recorded except with the consent in writing of the party disputing the genuineness thereof, or the employer objecting to the recording thereof, or by order of the Court.
41. 	Subsequent proceedings
(1) 	If the consent mentioned in the last preceding Rule is obtained, the Registrar shall, subject to proviso (d) to clause 9 of Schedule 4 to the Act, and to Rule 44, record the memorandum without further proof.
(2) 	If the consent cannot be obtained, any party interested may apply to the Court to order the memorandum to be recorded.
(3) 	Where all parties interested consent in writing to any amendment of the memorandum, and to the recording of the memorandum as so amended, the Registrar may amend the memorandum accordingly, and record it without further proof.
42. 	Where objection made to adequacy of sum payable, or information given as to matters mentioned in Act Schedule 2, clause 8 (d)
	Where a memorandum of an agreement as to any matter referred to in sub-Rule (1) of Rule 44 is presented for registration, and any party interested, on receipt of the notice mentioned in Rule 37, or the notice mentioned in sub-Rule (2) of Rule 44, does not file a notice pursuant to Rule 39, disputing the genuineness of the memorandum, but objects to the memorandum being recorded on the ground of the inadequacy of the sum or amount payable, or gives to the Registrar any information bearing on the question whether the memorandum may properly be recorded, regard being had to proviso (d) to clause 9 of Schedule 4 to the Act, the Registrar shall before recording the memorandum proceed to consider the objection or information in accordance with that proviso, and with Rule 44.
43. 	Proceedings on application for recording of memorandum or rectification of register
	The following provisions shall apply to an application for an order that a memorandum be recorded, or an application to the Court to rectify the register pursuant to clause 9 of Schedule 4 to the Act:
	(a)	The application shall be made in Court on notice in accordance with Form 32, stating the relief or order which the applicant claims;
	(b)	The notice shall be filed with the Registrar, and copies thereof shall be served—
	(i)	in the case of an application for an order that a memorandum be recorded, on the party disputing the memorandum or objecting to its being recorded, and on all other parties interested;
	(ii)	in the case of an application to rectify the register, on every party who would be affected by such rectification, subject to the provisions of these Rules as to the parties to an arbitration,
ten clear days at least before the hearing of the application, unless the Court or the Registrar gives leave for shorter notice;
	(c)	On the hearing of the application, witnesses may be orally examined in the same manner as on the hearing of a claim under the Magistrates Court  (Civil Jurisdiction) Act 1982;
	(d)	On the hearing of the application the Court may make such order or give such directions as it thinks just regard being had, in the case of an application for an order that a memorandum of an agreement be recorded, to proviso (d) to clause 9 of Schedule 4 to the Act;
	(e)	The provisions of the Act and these Rules as to the costs of an arbitration before the Court shall apply to any such application.
44. 	Reference to Court of agreements
(1) 	Where a memorandum of an agreement made before ascertainment of compensation for payment of a lump sum by way of compromise and satisfaction of all claims, or an agreement as to the redemption of a weekly payment by a lump sum, or as to the amount of compensation payable to a person under any legal disability, or to dependants, is presented for registration, there shall be left or sent with the memorandum a separate statement in accordance with Form 28 setting out such of the particulars mentioned in that Form as are applicable to the case.
(2) 	In any such case the Registrar shall, before recording the memorandum, in addition to sending the notice mentioned in Rule 37, send a notice, in accordance with Form 33, to every party interested, requesting such party to inform him or her by letter or by personal interview at his or her office, of any facts relating to the agreement and the circumstances in which it was arrived at which any such party may desire to bring to the notice of the Registrar, and which may assist him or her in deciding whether the memorandum may properly be recorded; and the Registrar shall make such further inquiries and obtain such further information as he or she thinks necessary in order to satisfy himself or herself that the memorandum may properly be recorded, regard being had to proviso (d) to clause 9 of Schedule 4 to the Act; and it shall be the duty of the parties to the agreement to answer the inquiries and give information accordingly.
(3) 	Where notice disputing the genuineness of the memorandum is not filed pursuant to Rule 39, but it appears to the Registrar, on any information which he or she considers sufficient, that the memorandum ought not to be recorded for any reason mentioned in proviso (d) to clause 9 of Schedule 4 to the Act, he or she shall report, in writing, to the Court stating the information he or she has obtained, and the grounds on which it appears to him or her that the memorandum ought not to be recorded.
(4) 	If on consideration of the report of the Registrar it appears to the Court that the memorandum may properly be recorded, the Court may so direct, and it shall be recorded accordingly.
(5)  If on consideration of the report of the Registrar it appears to the Court that the memorandum should not be recorded without further inquiry, the Registrar shall send notice to the parties interested, in accordance with Form 34, informing them that he or she has referred the matter to the Court, and requiring them to attend on a day to be specified in the notice, when the matter will be inquired into by the Court.
(6) 	The notices shall be sent to the parties interested or their solicitors ten clear days at least before the day fixed for the inquiry, unless the Court directs shorter notice to be given.
(7) 	At the inquiry witnesses may be orally examined in the same manner as on the hearing of a claim under the Magistrates Court (Civil Jurisdiction) Act 1982.
(8) 	At the inquiry the Court may make such order or give such directions as under the circumstances it thinks just.
(9) 	The provisions of the Act and these Rules as to the costs of an arbitration before the Court shall apply to any such inquiry; and in particular, if it appears that a report of the Registrar has been rendered necessary by the neglect or refusal of any party to an agreement to furnish any information reasonably required of him or her by the Registrar, that party may be ordered to pay the costs of the inquiry.
45. 	Removal of record of agreement from register
(1) 	An application to the Court by or on behalf of any party for the removal from the register of the record of a memorandum of an agreement under proviso (e) to clause 9 of Schedule 4 to the Act shall be made in Court on notice in accordance with Form 35; and the provisions of Rule 43 shall apply to the proceedings on the application.
(2) 	If it appears to the Court on a report by the Registrar without any such application that the record of a memorandum of an agreement should be removed from the register pursuant to the proviso mentioned in the last preceding sub-Rule, the Registrar shall send notice, in accordance with Form 36, to the parties to the agreement, requiring them to attend on a day to be named in the notice, when the matter will be inquired into by the Court.
(3) 	Such notice shall be sent and the inquiry held in accordance with the provisions of the last preceding Rule, and the provisions of that Rule shall apply to the inquiry.
Division 6—Payment and Investment of Moneys and Suspension of Payments
46. 	Payment into Court and investment and application of lump sum payable under agreement in lieu of or for redemption of weekly payment to person under disability
	Where an agreement is made for the payment of a lump sum in lieu of a weekly payment to a person under any legal disability, or for the redemption by a lump sum of a weekly payment payable to a person under any legal disability, and a memorandum thereof has been recorded in accordance with the Act and these Rules, such sum shall be paid into Court, and shall be invested, applied, or otherwise dealt with by the Court in such manner as the Court in its discretion thinks fit for the benefit of the person entitled thereto, and the receipt of the Registrar shall be a sufficient discharge in respect of the amount paid in; and the provisions of clause 6 of Schedule 1 to the Act and of Rule 49 shall apply to the payment into Court and the investment and application of such lump sum.
47. 	Application to stay proceedings or suspend weekly payments on refusal of worker to submit to examination
(1) 	In any case in which a worker has given notice of an injury, or is receiving weekly payments under the Act, and the employer alleges that the worker refuses to submit himself or herself to medical examination in accordance with clause 5, 10 or 11 of Schedule 1 to the Act, or in any way obstructs the examination, or the medical referee, as the case may be, the employer may apply, in accordance with this Rule, for the suspension, until the examination has taken place, of the right to compensation and to take or prosecute any proceeding under the Act in relation to compensation or of the right to the weekly payments.
(2) 	Where proceedings are pending before a committee or an arbitrator agreed on by the parties, the application shall be made to the committee or arbitrator.
(3) 	Where the worker has given notice of an injury, but no proceedings are pending, or proceedings are pending before the Court, the application shall be made to the Court.
(4) 	Where the worker is receiving weekly payments under an award, memorandum or certificate, then—
	(a)	if proceedings for the review of the weekly payment are pending before a committee or an arbitrator agreed on by the parties, the application shall be made to the committee or arbitrator; or
	(b)	if no proceedings for review are pending, or if proceedings for review are pending before the Court, the application shall be made to the Court.
(5) 	Where the application is to be made to the Court, it may, subject to the following modifications, be made in or out of Court in accordance with Rule 43:
	(a)	The notice of application shall be in accordance with Form 37; and
	(b)	The notice shall be served on the worker or his or her solicitor five clear days before the hearing of the application, unless the Court or the Registrar gives leave for shorter notice.
48. 	Suspension of weekly payment pending application for review
(1) 	Where an application is made for an order that a memorandum of an agreement as to a weekly payment be recorded, and the employer alleges that incapacity for work has wholly or partially ceased, the Court may, on the hearing of the application, if it orders the memorandum to be recorded, order the weekly payment to be wholly or partially suspended, or to be wholly or partially paid into Court, to abide the order of the Court, as from the date on which the employer alleges that incapacity wholly or partially ceased, or from any later date, for such time as it thinks fit, to enable the employer to file a request for arbitration with respect to the review of the weekly payment.
(2) 	Where an employer intends to apply for an order of suspension or payment into Court under the last preceding sub-Rule, he or she shall file with the Registrar notice of his or her intention, specifying the date on which he or she alleges that incapacity wholly or partially ceased; and copies thereof shall be served in accordance with Rule 43 five clear days at least before the hearing of the application to record, unless the Court or the Registrar gives leave for shorter notice.
(3) 	The provisions of this Rule shall not prejudice the power of the Court to refuse to order a memorandum of an agreement to be recorded.
(4) 	Where a request is filed for arbitration with respect to the review of a weekly payment, the Court may, at any time before the hearing of the arbitration, order the weekly payment to be wholly or partially suspended or to be wholly or partially paid into Court, to abide the order of the Court, as from the date on which the employer alleges in his or her request that incapacity wholly or partially ceased, or from any later date, until the hearing of the arbitration.
(5) 	An application for an order for suspension or payment into Court under the last preceding sub-Rule shall be made in Court on notice in writing; and the provisions of Rule 43 shall apply to the proceedings on the application.
(6) 	An order for suspension or payment into Court under this Rule shall be without prejudice to the right of the worker to apply to the Court, on good cause shown, to discharge the order.  Any such application shall be made in Court on notice in writing; and the provisions of Rule 43 shall apply to the proceedings on the application.
49. 	Payment into Court, investment and application of payment in case of death
(1) 	Matters in relation to payments into Court pursuant to clause 6 of Schedule 1 to the Act in case of death shall be dealt with in accordance with the provisions of this Rule.
(2) 	Where any money is to be paid into Court under an award made by the Court, or in pursuance of any decision or award of a committee or arbitrator or under an agreement, payment shall, in the case of an award made by the Court, be made in accordance with the directions contained in the award, and, in any other case payment shall be made into the Court in accordance with the provisions of this Rule.
(3) 	Where money is to be paid into Court under this Rule, the employer shall lodge with the Registrar a præcipe in accordance with Form 38 and the Registrar shall, on receipt of the sum paid in, give a receipt therefor in accordance with the directions contained in Form 38.  The employer shall forthwith give notice to the persons interested in the sum paid in of such payment having been made.
(4) 	On the payment of money into Court, the Registrar shall forthwith send by post to each of the persons appearing by the award a memorandum to be interested in the money, a notice of the payment in accordance with Form 39:
Provided that, in the case of infant dependants residing with their parent or guardian, it shall be sufficient to send the notice to the parent or guardian only.
(5) 	If all questions as to who are dependants and the amount payable to each dependant have been settled by arbitration before payment into Court, the sum so paid shall be allotted between the dependants in accordance with the award, and the amount allotted to each dependant shall be invested, applied, or otherwise dealt with by the Court for the benefit of the person entitled thereto in accordance with clause 6 of Schedule 1 to the Act.
(6) 	If all questions as to who are dependants have been determined before payment into Court, the amount payable to each dependant shall be settled by the Court, and the amount allotted to each dependant shall be invested, applied, or otherwise dealt with by the Court for the benefit of the person entitled thereto in accordance with clause 6 of Schedule 1 to the Act.
(7) 	If any such questions have not been settled before payment into Court, then—
	(a)	if all the persons interested in the sum paid into Court agree to leave the application thereof to the Court, or if no question arises as to who is a dependant or as to the amount payable to any dependant, or otherwise as to the application of the sum paid into the Court, but any of the persons interested in such sum are absent or under disability, the amount paid into Court shall, on application by or on behalf of the person interested therein, be allotted, invested, applied, or otherwise dealt with by the Court for the benefit of the persons interested therein in accordance with clause 6 of Schedule 1 to the Act;
	(b)	if any question arises as to who is a dependant or as to the amount payable to any dependant, or otherwise as to the application of the sum paid into Court, the question shall be settled by arbitration in accordance with the Act and these Rules; and the amount allotted to each dependant shall be invested, applied, or otherwise dealt with by the Court for the benefit of the person entitled thereto in accordance with clause 6 of Schedule 1 to the Act.
(8) 	Where any question is settled by the Court by arbitration in accordance with the last preceding sub-Rule, an application for the investment or application of any sum allotted to any person on the arbitration may be made at or immediately after the hearing of the arbitration.
(9) 	Where application is not so made, or in any other case coming within clause 6 of Schedule 1 to the Act, the following provisions shall apply:
	(a)	An application for the investment and application of the sum paid into Court, or of the amount allotted to any person, may be made to the Court in accordance with Form 40 or 41, as the case requires, stating on whose behalf the application is made and the order for which the applicant asks;
	(b)	The notice shall be filed with the Registrar, and, where the application is made by or on behalf of some only of the persons interested, notice thereof shall be served on all other parties interested, or on their solicitors, seven clear days at least before the hearing of the application, unless the Court or the Registrar gives leave for shorter notice;
	(c)	On the hearing of the application witnesses may be orally examined in the same manner as on the hearing of a claim under the Magistrates Court  (Civil Jurisdiction) Act 1982;
	(d)	On the hearing of the application, the Court may, after making or directing such inquiries as to the dependants and on such evidence of title and identity as it thinks necessary, make such order under clause 6 of Schedule 1 to the Act and this Rule as it thinks fit.
	(e)	The provisions of the Act and these Rules as to the costs of an arbitration shall apply to any such application.
(10) 	Where any sum paid or to be paid into Court is to be invested, applied, or otherwise dealt with by the Court, the Court may, at any time before or on the hearing of any application for the investment or application thereof, refer the matter to the Registrar for inquiry and report.
(11) 	An employer paying money into Court under this Rule shall not be liable to any costs incurred by any person interested in the money after the receipt of notice of the payment, but the Court may, in its discretion, order the employer to pay the costs of any such person properly incurred before the receipt of the notice.
(12) 	Every order for the investment or application of money paid into Court shall reserve liberty to the parties interested to apply to the Court as they may be advised.
(13) 	Where any sum allotted to any person under clause 6 of Schedule 1 to the Act or this Rule is ordered to be paid out to or applied for the benefit of the person entitled thereto by weekly or other periodical payments, the payments may be made to the person entitled to receive them either at the office of the Registrar, or, on the written request of such person, by crossed cheque, money order, or postal notes addressed to such person and forwarded by registered post letter, payment by post being in all cases at the cost and risk of the person requesting payment in that manner.
50. 	Payment into Court in case of death where liability admitted, but amount not determined
(1) 	If there is no dispute as to the liability to pay compensation in the case of death, but the amount payable has not been ascertained or decided either by a committee, or by arbitration, or by agreement, the employer may pay into Court the amount which he or she admits to be payable as compensation.
(2) 	Where money is to be paid into Court under this Rule, the employer shall lodge with the Registrar a præcipe in duplicate in accordance with Form 42, containing as statement of the particulars mentioned in that form, and stating in what manner the sum admitted to be payable as compensation has been arrived at.  The Registrar, on receipt of the sum paid in, shall give a receipt therefor according to the directions on Form 42; and the employer shall forthwith give notice to the persons interested in the sum paid in of such payment having been made.
(3) 	On the payment of money into Court under this Rule, the Registrar shall make such inquiries and obtain such information as he or she thinks necessary to satisfy himself or herself whether the amount paid in is adequate in the circumstances of the case; and it shall be the duty of the employer and of the persons interested in the money paid in to answer such inquiries and give such information accordingly.
(4) 	Where it appears to the Registrar that the amount paid in is adequate, he or she shall forthwith send by post to each of the persons appearing by the præcipe to be interested in the money a notice of the payment in accordance with Form 45:
Provided that, in the case of infant dependants residing with their parent or guardian, it shall be sufficient to send the notice to the parent or guardian only.
(5) 	Where it appears to the Registrar that the amount paid in is inadequate, he or she shall report to the Court in writing, stating the information he or she has obtained and the grounds on which it appears to him or her that the amount paid in is inadequate.
(6) 	If on consideration of the report of the Registrar it appears to the Court that the amount paid in is adequate, it may direct the Registrar to send to the parties interested notice of payment in accordance with sub-Rule (4) of this Rule.
(7) 	If on consideration of the report of the Registrar it appears to the Court that further inquiry should be made, the Registrar shall, subject to any direction of the Court, give seven clear days notice to the employer and to the parties appearing by the præcipe to be interested in the money paid into Court, in accordance with Form 44, informing them that he or she has referred the matter to the Court, and requiring them to attend on a day to be named in the notice, when the matter will be inquired into by the Court.  Upon such inquiry, the Court may make such order (including an order as to the money paid into Court) as under the circumstances it thinks just and sub-Rules (6), (7) and (9) of Rule 44 shall apply.
(8) 	Where notice of payment into Court is sent in accordance with sub-Rule (4) or (6) of this Rule, then—
	(a)	if any question arises as to the adequacy of the amount paid into Court, the question as to the amount payable as compensation, and all questions as to who are dependants and the amount payable to each dependant, shall be settled by arbitration in accordance with the Act and these Rules; and the amount allotted to each dependant shall be invested, applied, or otherwise dealt with by the Court for the benefit of the person entitled thereto in accordance with clause 6 of Schedule 1 to the Act and sub-Rules (8), (9), (10), (12) and (13) of the last preceding Rule; or
	(b)	if no question arises as to the adequacy of the amount paid into Court, the amount paid into Court shall be allotted, invested, applied, or otherwise dealt with by the Court in accordance with sub-Rules (7) to (10) (both inclusive) and (12) and (13) of the last preceding Rule.
(9) 	An employer paying money into Court under this Rule shall not (except under sub-Rule (9) of Rule 44, or where a question arises as to the adequacy of the amount paid in, and the question is decided adversely to the employer by arbitration under sub-Rule (8) of this Rule), be liable to any costs incurred by any person interested in the money after receipt of notice of payment into Court; but the Court may, in its discretion, order the employer to pay the costs of any such person properly incurred before the receipt of the notice.
51. 	Payment into Court in case of death where liability denied
(1) 	Where a claim for compensation in the case of death has been made by or on behalf of dependants, and the employer denies liability, but is willing to pay an amount in settlement of the claim, and such of the dependants as are not under disability are willing to accept that amount in settlement, the employer may pay the amount into Court.
(2) 	Where money is to be paid into Court under this Rule, the employer shall lodge with the Registrar a præcipe (in duplicate) in accordance with Form 43, containing a statement of the particulars mentioned in that form.  The Registrar on receipt of the sum paid in shall give a receipt therefor in accordance with the directions on Form 43; and the employer shall forthwith give notice to the persons interested in the sum paid in of such payment having been made.
(3) 	On the payment of money into Court under this Rule, the Registrar shall proceed according to sub-Rule (3) of the last preceding Rule, and the provisions of that Rule shall apply to proceedings subsequent to the payment.
52. 	Payment into Court by solicitor or agent of employer
	Where money is to be paid into Court under Rule 49, 50 or 51, it may be paid in by the employer or his or her solicitor, or by an agent of the employer duly authorized on his or her behalf; and where payment is made by a solicitor or an agent, the præcipe shall state that the money is paid in at the request and by the authority of the employer, and the præcipe shall be signed by the solicitor or agent accordingly.
53. 	Application for payment into Court of weekly payment to person under legal disability
(1) 	An application under clause 7 of Schedule 1 to the Act for an order that a weekly payment payable under the Act to a person under any legal disability shall during the disability be paid into Court may be made either by the person liable to make the payment, or by or on behalf of the person entitled to the payment.
(2) 	If the weekly payment is awarded by the Court, the application may be made at or immediately after the hearing of the arbitration.
(3) 	In any other case the application may be made to the Court on notice in accordance with Form 46, which shall be served on the other party or his or her solicitor seven clear days at least before the hearing of the application, unless the Court or the Registrar gives leave for shorter notice; and the provisions of Rule 43 shall apply to any such application.
(4) 	Where any weekly payment is ordered to be paid into Court, the sum paid in shall be paid out by the Registrar to or otherwise applied for the benefit of the person entitled thereto in such manner as the Court directs; and the provisions of Rule 49 as to the payment out or application of sums by weekly or other periodical payments shall apply.
54. 	Application for variation of order as to apportionment among dependants etc.
(1) 	An application for the variation of an order of the Court under clause 9 of Schedule 1 to the Act may be made by or on behalf of any person interested.
(2) 	The application shall be made to the Court in accordance with Form 47, stating the circumstances under which the application is made, and the relief or order which the applicant claims.
(3) 	The notice shall be filed with the Registrar, and notice thereof shall be served on all persons interested in accordance with Rule 43, and the provisions of that Rule and of Rule 49 shall apply to the proceedings on such application.
55. 	Application of amount allotted to dependant in case of death
(1) 	The provisions of this Rule shall apply in the case of the death of a dependant for whose benefit any amount has been ordered to be invested, applied or otherwise dealt with by the Court.
(2) 	The balance of the amount remaining at the death of the dependant shall be subject to any order which may have been or may be made by the Court for the variation of the order or award pursuant to clause 9 of Schedule 1 to the Act, and to Rule 54.
(3) 	In default of and subject to any such order, the Court may, on application made in accordance with sub-Rules (2) and (3) of Rule 54, order that the balance be paid out or transferred to the legal personal representative of the deceased dependant.
56. 	Investment and application of sums paid in redemption of weekly payments
	Where pursuant to clause 13 of Schedule 1 to the Act a lump sum payable for the redemption of any weekly payment is ordered by an arbitrator, or by the Court, to be invested or otherwise applied for the benefit of the person entitled thereto, that sum shall be paid into the Court; and the provisions of clause 6 of Schedule 1 to the Act and of Rule 49 shall apply to the investment and application of that lump sum.
57. 	Worker receiving weekly payment ceasing to reside in the Territory
(1) 	The provisions of this Rule shall apply in any case where a worker receiving a weekly payment intends to cease to reside in Australia.
(2) 	The worker may apply to the Registrar to refer to a medical referee the questions whether the incapacity of the worker resulting from the injury is likely to be of a permanent nature or whether the absence of the worker from Australia is desirable for recuperative purposes.
(3) 	The application shall be made on notice in accordance with Form 48, which shall be filed with the Registrar, and shall be accompanied by a report of a medical practitioner selected by the worker, setting out the nature of the incapacity alleged to be the result of the injury; and a copy of the application and of the report shall be served on the employer or his or her solicitor in accordance with Rule 43, and the applicant shall file a copy of the application and of the report for the use of the medical referee.
(4) 	The employer may, on being served with notice of the application, require the worker to submit himself or herself for examination by a medical practitioner provided and paid by the employer, in accordance with clause 10 of Schedule 1 to the Act; and, if the employer requires the worker to submit himself or herself for the examination, he or she shall before or at the hearing of the application furnish the worker with a copy of the report of the practitioner as to the worker’s condition, and file a copy of the report for the use of the medical referee.
(5) 	The worker and the employer respectively may before or at the hearing of the application submit to the Registrar such statements in writing as they think fit, with copies of the statements for the use of the medical referee.
(6) 	On the hearing of the application, the Registrar, on being satisfied that the applicant has a bona fide intention of ceasing to reside in Australia, shall make an order in accordance with Form 49 referring the question to a medical referee; and if he or she is not so satisfied, he or she may refuse to make an order, but in that case he or she shall, if so requested by the applicant, refer the matter to the Court, which may make such order or give such directions as it thinks fit.
(7) 	Where the Registrar or the Court makes an order referring the question to a medical referee, the Registrar shall issue an order in accordance with Form 50 directing the worker to submit himself or herself for examination by the medical referee and the provisions of sub-Rules (3) to (6) (inclusive) of Rule 75 shall, with the necessary modifications, apply.
(8) 	The Registrar shall with the order of reference forward to the medical referee copies of any statements submitted to him or her by either party.
(9) 	The medical referee shall forward his or her certificate in the matter, in accordance with Form 51, to the Registrar by registered post, specifying therein the nature of the incapacity of the worker resulting from the injury, and whether such incapacity is likely to be of a permanent nature or whether the absence of the worker from Australia is desirable for recuperative purposes and the Registrar shall thereupon proceed in accordance with sub-Rule (8) of Rule 75.
(10) 	Where the medical referee certifies that the incapacity resulting from the injury is likely to be of a permanent nature or that the absence of the worker from Australia is desirable for recuperative purposes, the Registrar shall, on application, furnish the worker with—
	(a)	a copy of the certificate of the medical referee, certified by the Registrar in his or her own handwriting to be a true copy;
	(b)	a copy of the award or memorandum under which the weekly payment is payable, certified by the Registrar to be a true copy;
	(c)	a certificate of identity in accordance with Form 52; and
	(d)	a notice in accordance with Form 53, annexing thereto forms of certificate and declaration in accordance with Forms 54 and 55,
and shall procure from the worker a specimen of his or her signature, and file the same for reference.
(11) 	A worker who desires to have the weekly payments payable to him or her transmitted to him or her while residing out of Australia shall at intervals of three months from the date to which the payments were last made submit himself or herself for examination by a medical practitioner in the place where he or she is residing, and shall produce to him or her the copy of the certificate of the medical referee and the certificate of identity furnished under the last preceding sub-Rule, and shall obtain from him or her a certificate in accordance with Form 54 that the incapacity of the worker resulting from the injury continues; and such certificate shall be verified by declaration by the medical practitioner, in the presence of the worker, before a person having authority to administer an oath.
(12) 	The worker shall also make a declaration of identity in accordance with Form 55 before a person having authority to administer an oath, producing to that person the copy and certificate of identity mentioned in the last preceding sub-Rule, and the certificate of the medical practitioner by whom he or she has been examined.
(13) 	The worker shall forward the certificate of the medical practitioner and declaration mentioned in the two last preceding sub-Rules to the Registrar, with a request, in accordance with Form 56, for the transmission to him or her of the amount of the weekly payments due to him or her, specifying the place where and the manner in which the amount is to be transmitted, which request shall be signed by the worker in his or her own handwriting.
(14) 	On receipt of the certificate, declaration, and request, the Registrar shall examine them, and may, if not satisfied that they are in order, return them for correction.
(15) 	If the Registrar is satisfied that the certificate, declaration and request are in order, or when they are returned to him or her in order, he or she shall send to the employer a notice in accordance with Form 57 requesting him or her to forward the amount due; and the employer shall thereupon forward the amount to the Registrar, who shall transmit, at the cost and risk of the worker, the amount, less any Court fees payable to the Registrar and the costs of the transmission, to the worker at the address and in the manner requested by him or her.
58. 	Payment of arrears of weekly payments on death of worker residing out of the Territory
(1) 	In the event of the death of a worker in receipt of weekly payments while residing out of Australia, his or her representatives shall, for the purpose of obtaining payment of the arrears due to the worker, forward to the Registrar a certificate of the death of the worker, and documents showing that they are entitled to the arrears, verified by declaration before a person having authority to administer an oath, with a request for payment of the arrears, specifying the place where and the manner in which the arrears are to be transmitted to them.
(2) 	For the purposes of this Rule, “representatives” means—
	(a)	if the worker leaves a will, the executors of the will; or
	(b)	if the worker dies intestate, the persons who are according to law entitled to his or her personal estate, and payment of the arrears may be made to those persons without the production of letters of administration.
(3) 	On the receipt of the certificate and documents mentioned in this Rule, the Registrar shall examine them, and may, if not satisfied that they are in order, return them for correction.
(4) 	If the Registrar is satisfied that the certificate and documents are in order, or, when they are returned to him or her, are in order, he or she shall send to the employer a notice requesting him or her to forward the amount of the arrears due, and the employer shall thereupon forward the amount to the Registrar, who shall transmit, at the cost and risk of the representatives of the worker, the amount, less any Court fees payable to the Registrar and the costs of transmission, to those representatives at the address and in the manner requested by them.
Part III—Costs and Fees
59. 	Costs
(1) 	In any proceedings, whether before a committee or an arbitrator or in the Court, in which a solicitor or a solicitor and counsel are employed by any party to proceedings under the Act, the costs incurred by any party to such proceedings in employing a solicitor or a solicitor and counsel to be included in the costs to be paid to that party by another party shall not exceed the sums respectively specified in the Second Schedule to these Rules:
Provided that where, in any such proceedings, difficult questions of fact or law arise, the Court may, subject to such conditions, whether as to taxation or otherwise, as it thinks fit, allow costs in excess of the sums so specified.
(2) 	Where the subject-matter of an arbitration is not a capital sum, the committee, the arbitrator or the Court shall determine what, for the purpose of the allowance and taxation of costs, shall be considered to be the amount of the subject-matter of the arbitration; and in default of such determination, the amount shall be fixed by the Registrar, subject to review by the Court. 
(3) 	Where proceedings are taken for which no provision is made by these Rules, the Court, or the Registrar, subject to review by the Court, may in respect of such proceedings, allow reasonable costs not exceeding those which may under the Second Schedule to these Rules be allowed in respect of proceedings of a like nature.
(4) 	The committee, the arbitrator or the Court may, in dealing with the question of costs, take into consideration any offer of compensation proved to have been made on behalf of the employer.
(5) 	Where any worker is examined by a medical referee on a reference under clause 11 of Schedule 1 to the Act, and the certificate of the referee is used in any subsequent arbitration, any reasonable travelling and other expenses incurred by the worker in obtaining the certificate (if not otherwise provided for) may, by order of the committee, the arbitrator or the Court, be allowed as costs in the arbitration.
(6) 	Where a worker is ordered to submit himself or herself for examination by a medical referee appointed to report under clause 14 of Schedule 4 to the Act, any reasonable expenses incurred by the worker in travelling to attend on the referee for examination may, by order of the committee, the arbitrator or the Court, be allowed as costs in the arbitration.
(7) 	Except as otherwise provided, all costs referred to in this Rule shall be taxed by the Registrar in the prescribed manner.
60. 	Costs awarded by committee or arbitrator
	Where any costs are awarded by a committee or an arbitrator, the Registrar shall, on application made to him or her either at the time that the memorandum of the decision of the committee or arbitrator is recorded pursuant to paragraph 9 of Schedule 4 to the Act or at any time thereafter, tax such costs in the prescribed manner and enter in the special register the amount of the costs allowed on taxation; and such entry shall be deemed to be part of the memorandum, and shall be enforceable accordingly.
61. 	Taxation of costs
	The provisions of the law governing the allowance and taxation of costs in an action in the Supreme Court shall, as far as applicable, apply to the allowance and taxation of costs under these Rules.
62. 	Review of taxation
(1) 	An application to the Court to review any taxation of costs shall be made on notice in writing, which shall be served on the opposite party two clear days at least before the hearing of the application, unless the Court gives leave for shorter notice.
(2) 	The application shall be heard and determined upon the evidence which has been brought in before the Registrar and no further evidence shall be received on the hearing thereof unless the Court otherwise directs.
(3) 	The costs of and incidental to the application shall be in the discretion of the Court.
(4) 	The result of the review shall be entered in the special register.
64. 	Application to determine costs payable to solicitor or agent
(1) 	The following provisions shall apply to an application under clause 13 of Schedule 4 to the Act for the determination of the amount of costs to be paid to the solicitor or agent of a person claiming compensation under the Act.
(2) 	Where the sum awarded as compensation has been awarded by a committee or an arbitrator, the application shall be made to the committee or arbitrator.
(3) 	Where the sum awarded as compensation has been awarded by the Court, the application may be made—
	(a)	to the Court at or immediately after the hearing of the arbitration; or
	(b)	at a subsequent date.
(4) 	Where a sum has been agreed on as compensation, the application shall be made to the Court.
(5) 	An application made to the Court other than an application under paragraph (a) of sub-Rule (3) of this Rule, shall be made to the Court on notice in writing in accordance with Rule 43.
(6) 	The notice shall be in accordance with Form 58 and shall be served, in accordance with Rule 43, on the person for whom the solicitor or agent acted, and the provisions of that Rule shall apply to the proceedings on the application.
(7) 	On the hearing of the application, the committee, the arbitrator or the Court may award costs to the solicitor or agent, and may make an order declaring the solicitor or agent to be entitled to recover the costs from the person for whom he or she acted, or to be entitled to a lien for the costs on any sum awarded or agreed as compensation to such person, or to be entitled to deduct the costs from any such sum, or may make such order or give such directions as may be just.
(8) 	Any costs awarded to a solicitor or agent on any such application shall not exceed the limits specified in the Second Schedule to these Rules, and shall be taxed by the Registrar in the prescribed manner and that taxation may be reviewed by the Court in accordance with Rule 62:
Provided that where, in any case, difficult questions of fact or law arise, the Court may, subject to such conditions as to taxation or otherwise as it thinks fit, award costs in excess of the limits so specified.
(9) 	Where the subject-matter of the arbitration is not a capital sum, the committee, arbitrator, or the Court shall determine what, for the purpose of the allowance and taxation of such costs, shall be considered to be the amount of the subject-matter of the arbitration; and in default of such determination, the amount shall be fixed by the Registrar, subject to review by the Court.
65. 	Provisions as to order declaring lien etc.
	Where an order is made by a committee, an arbitrator, or the Court awarding costs to a solicitor or agent, and declaring the solicitor or agent to be entitled to recover the costs from the person for whom he or she acted, or to be entitled to a lien for the costs on any sum awarded or agreed as compensation, or to be entitled to deduct the costs from any such sum, the following provisions shall apply:
	(a)	The Registrar shall, on application made to him or her, tax the costs;
	(b)	A copy of the order, and, when the amount to which the solicitor or agent is entitled has been ascertained by taxation, a memorandum of such amount shall, at the request and cost of the solicitor or agent, be issued by the Registrar for service on the party liable to pay the sum awarded or agreed as compensation; and service thereof may be effected on that party in accordance with Rule 19;
	(c)	A memorandum of the order and, when such amount has been ascertained, a memorandum of the amount shall be recorded in the special register in which the memorandum or award under which the sum awarded or agreed as compensation is payable is recorded, and such last-mentioned memorandum or award shall have effect subject to such order and memorandum;
	(d)	The party liable to pay compensation shall on demand pay to the solicitor or agent the amount to which he or she is entitled, but so that such party shall not be liable to pay any amount in excess of that which he or she is liable to pay for compensation, or to pay such amount by any other instalments than those by which he or she is liable to pay compensation;
	(e)	If the party liable to pay compensation fails on demand to pay any amount which he or she is liable to pay to the solicitor or agent, the Court may, on application made to it on notice to such party in accordance with Rule 43, and on proof of the order having been served on and demand for payment made to such party, order that party to pay such amount; and in default of payment the Court may order execution to issue, in accordance with these Rules, to levy the amount;
	(f)	Payment made by or execution levied on the party liable to pay compensation shall be a valid discharge to him or her, as against the party entitled to compensation, to the amount paid or levied;
	(g)	Where the sum awarded as compensation has been paid into Court, the amount to which the solicitor or agent is entitled shall be paid to him or her out of that sum. 
66. 	Court fees
	The fees specified in the Third Schedule to these Rules shall be paid in respect of the matters respectively specified in that Schedule and those fees shall, subject to clause 12 of Schedule 4 to the Act, be paid in the first instance by the party in whose behalf the proceedings are taken.
67. 	Bailiff’s fees
	The fees specified in Schedule 4 to these Rules shall be paid, subject to clause 12 of Schedule 4 to the Act, in respect of the matters respectively specified in such first-mentioned Schedule.
68. 	Amounts paid to witnesses
(1) 	Subject to this rule, on a taxation of costs in arbitration proceedings, amounts paid to witnesses for their attendance on the Court or the committee or other assistance at the hearing of those proceedings shall be allowed.
(2) 	The costs that may be awarded to a party to arbitration proceedings in respect of the attendance of a person on the Court or the committee as a witness in the proceedings are—
	(a)	such amount as the Court or the committee orders at a rate not exceeding the rate applicable, and subject to the same conditions as are applicable, in relation to witnesses’ expenses in an action in the Supreme Court; or
	(b)	if such an order is not made in the proceedings—such amount as the Registrar allows on taxation at a rate not exceeding those rates and subject to those conditions.
(3) 	On a taxation of costs in arbitration proceedings, an amount referred to in sub-rule (1) or (2)—
	(a)	in respect of a witness who gave evidence at the hearing of the proceedings—shall be allowed unless the Court or the committee otherwise orders; or
	(b)	in respect of a witness who did not give evidence at the hearing of the proceedings—may be allowed if the Registrar thinks fit,
whether or not the witness was served with a summons for his or her attendance on the Court or the committee.
68A. 	Expenses of preparing plans etc.
	In arbitration proceedings, the Court or the committee may order that the expenses of preparing and proving plans, drawings, models, photographs or the like for the purposes of the proceedings be allowed or disallowed, and where—
	(a)	the Court or the committee orders that those expenses be so allowed; or
	(b)	the Court or the committee makes no order in relation to the allowance or disallowance of those expenses and the Registrar thinks fit to allow those expenses,
on taxation, amounts paid in respect of those expenses shall be allowed in such amount as the Registrar thinks fit.
Part IV—Enforcement of Awards and Agreements
71. 	Other proceedings for enforcement of award etc.
	The provisions of the Magistrates Court (Civil Jurisdiction) Act 1982 for the time being in force as to proceedings for the enforcement of or the recovery of money due under judgments or orders of the Court shall, with the necessary modifications, apply to proceedings for the enforcement of or the recovery of money due under any award or memorandum.
Part V—Appeals and Questions of Law
72. 	When award or order may be set aside or varied
(1) 	Where the Court is satisfied—
	(a)	that any award, or any order as to the application of any amount awarded or agreed upon as compensation, made by the Court, has been obtained by fraud or other improper means, or should be set aside or varied for any other sufficient reason; or
	(b)	that any person has been included in any award or order as a dependant who is not in fact a dependant as defined by the Act; or
	(c)	that any person who is in fact a dependant as defined by the Act has been omitted from any award or order,
the Court may set aside or vary the award or order, and may make such order including an order as to any sum already paid under the award or order as under the circumstances it thinks just.
(2) 	An application to set aside or vary an award or order under this Rule shall be made to the Court on notice in writing, and the provisions of Rule 43 shall apply to the proceedings on such application.
(3) 	An application to set aside or vary an award or order under this Rule shall not be made after the expiration of six months from the date of the award or order, except by leave of the Court; and such leave shall not be granted unless the Court is satisfied that the failure to make the application within such period was occasioned by mistake, absence from the Territory, or other reasonable cause.
73. 	Submission of question of law by committee or arbitrator to Court
(1) 	Where a committee or an arbitrator submits any question of law for the decision of the Court under clause 3 of Schedule 4 to the Act, such submission shall be in the form of a special case.
(2) 	The case shall be intituled in the matter of the Act and of the arbitration, and shall be divided into paragraphs numbered consecutively, and shall state concisely such facts and documents as may be necessary to enable the Court to decide the questions of law raised thereby.  Upon the argument of the case, the Court and the parties shall be at liberty to refer to the whole contents of such documents, and the Court shall be at liberty to draw from the facts and documents stated in the case any inference, whether of fact or of law, which might have been drawn therefrom if proved at the hearing of an arbitration.
(3) 	The case shall be signed by the chairman and the secretary to the committee or by the arbitrator, and sent to the Registrar, who shall transmit the same to the Court, and the Court shall as soon as conveniently may be appoint a day and hour for hearing the case, and instruct the Registrar to give notice thereof forthwith to the parties in accordance with Form 60.  The day shall be so fixed as to allow notice to be given ten days at least before the day fixed for the hearing, unless the Court, with the consent of all parties, fixes an earlier day.
(4) 	The Registrar shall, on the application and at the cost of any party, furnish him or her with a copy of the case.
(5) 	On the hearing of the case, the Court may, after deciding the question submitted to it, remit the case with a memorandum of its decision to the committee or arbitrator, for them or him or her to proceed thereon in accordance with the decision; or if the decision of the Court on the question submitted to it disposes of the whole matter, the Court may make an award in the arbitration in accordance with the decision.
(6) 	The Court may remit the case to the committee or arbitrator for re-statement or further statement.
(7) 	The Court shall have the same power over the costs of a special case as it has over the costs of an arbitration, or the Court may direct that such costs shall be dealt with as costs attending the arbitration; and the provisions of the Act and these Rules as to such costs shall apply accordingly.
74. 	Appeals to the Supreme Court
(1) 	Appeals under section 26 of the Act and submissions of questions of law under clause 3 of Schedule 4 to the Act shall be in accordance with the provisions of the Rules of the Supreme Court relating thereto.
(2) 	When the Supreme Court has given judgment on any appeal, any party may deposit the order of the Supreme Court, or a certified copy thereof, with the Registrar; and the Registrar shall file the order or copy, and the order shall have the same effect as if it had been a decision of the Magistrates Court.
(3) 	If the order has the effect of an award, decision or order in the matter in favour of any party, the order shall be recorded, and may be proceeded on, in the same manner as if it had been an award, decision or order of the Court.
(4) 	If the order be to the effect that an award be made or a decision given or order made in favour of any party, the Court shall make such award or give such decision or make such order accordingly.
(5) 	If such order directs or involves a re-hearing or further hearing of an arbitration or special case or other matter, the Court shall, as soon as conveniently may be, appoint a day and hour for the re-hearing or further hearing, and shall instruct the Registrar to give notice thereof to the parties forthwith.
(6) 	Generally the Court shall make such award or give such decision or make such order and give such directions and take or direct to be taken such proceedings in the matter, as may be necessary to give effect to the order of the Supreme Court.
Part VI—Medical referees
75. 	Application for reference to a medical referee
(1) 	The provisions of this Rule shall apply with respect to applications to the Registrar pursuant to clause 11 of Schedule 1 to the Act to refer any matter to a medical referee.
(2) 	An application to the Registrar to refer any matter to a medical referee shall be made in writing, and shall contain a statement of the facts which render the application necessary, in accordance with Form 61, and shall be accompanied by a copy of the report of every medical practitioner who has examined the worker either on behalf of the employer or on the selection of the worker.  The application shall be signed by or on behalf of both parties; and the applicant shall file copies of the application and reports for the use of the medical referee.
(3) 	On the hearing of the application the Registrar shall refer the matter to a medical referee; and shall forward to the medical referee by registered post one of the filed copies of the application and reports, with an order of reference in accordance with Form 62.
(4) 	The Registrar shall also make an order in accordance with Form 63 directing the worker to submit himself or herself for examination by the medical referee, subject to and in accordance with any regulations made in pursuance of the Act.
(5) 	Before making an order in accordance with Form 63, the Registrar shall inquire whether the worker is in a fit condition to travel for the purpose of examination, and, if satisfied that he or she is in a fit condition, shall by the order direct him or her to attend at such time and place as the referee may fix, and if satisfied that he or she is not in a fit condition to travel shall so state in the order of reference; and it shall be the duty of the worker, on being served with the order, to submit himself or herself for examination accordingly.
(6) 	The Registrar shall deliver or send by registered post to each party a copy of the order of reference, and shall send to the worker a copy of the order directing him or her to submit himself or herself for examination.
(7) 	The medical referee shall forward his or her certificate in the matter to the Registrar by registered post.
(8) 	On the receipt of the certificate of the medical referee, the Registrar shall inform the parties by post in accordance with Form 64 that it has been received, and shall permit any party to inspect the certificate during office hours, and shall, on the application and at the cost of either party, furnish him or her with a copy of the certificate, or allow him or her to take a copy thereof.
(9) 	The fee payable by the applicant shall be calculated at the rate of 5% of 26 times the amount of the weekly payments claimed by or payable to the worker, but the total fee shall not exceed $2.
(10) 	The costs of any application to the Registrar, including the fee paid under the last preceding sub-Rule, may be allowed as costs in any subsequent arbitration for the settlement of the weekly payment to be made to the worker, or, where the application is made after the weekly payment has been settled, as costs in any subsequent arbitration as to the review of that weekly payment.
76. 	Application for assessors
(1) 	Any party to an arbitration may, seven clear days at least before the day fixed for proceeding with the arbitration, file with the Registrar an application in accordance with Form 65, requesting the Court to summon a medical referee to sit with the Court as an assessor under clause 5 of Schedule 4 to the Act.
(2) 	On the receipt of an application for an assessor, the Registrar shall submit the application to the Court, which, if it thinks fit, shall return the application with its approval, and thereupon the Registrar shall forthwith summon a medical referee as an assessor.
(3) 	If the Court does not think fit that an assessor shall be summoned, notice thereof shall be given by the Registrar to the applicant, in accordance with Form 66.
(4) 	If the Court thinks fit, either on the application of any party to an arbitration, or on its own motion, to summon a medical referee to sit with the Court as an assessor, the Registrar shall forthwith summon a medical referee by delivering to him or her or sending by post a summons, in accordance with Form 67.
(5) 	If, at the time and place appointed for the arbitration, the medical referee summoned does not attend, the Court may either proceed with the arbitration without the assistance of an assessor, or may adjourn the hearing.
77. 	Submission to medical referee
(1) 	Subject to the Workers’ Compensation Regulations, the Court may submit to a medical referee for report any matter which seems material to any question arising in an arbitration.
(2) 	When any such matter is so submitted, the Court may, subject to and in accordance with such Regulations, order the injured worker to submit himself or herself for examination by the medical referee, and on being served with the order, the worker shall submit himself or herself for examination accordingly.
78. 	Summoning of and references to medical referees
(1) 	Where a medical referee is summoned as an assessor, or any matter is referred or submitted to a medical referee, the medical referee to be summoned or to whom the matter is to be referred or submitted shall in the absence of special circumstances be one of those appointed for the purposes of the Act:
Provided that where a medical referee has been specially appointed for the purpose of dealing with any specified case or class of cases, then in any such case the Registrar shall summon, or the matter shall be referred or submitted to, the medical referee so appointed:
Provided also, that where a medical referee has been previously summoned as an assessor, or there has been a previous reference or submission in any case, any subsequent summons, reference or submission in the same case shall, if possible, be sent or made to the same referee, and shall in any case be accompanied by the previous report or certificate (if any) of the medical referee, or by a copy thereof.
(2) 	Where a medical referee is summoned as an assessor, or any matter is referred or submitted to a medical referee, the referee shall be summoned or the matter shall be referred or submitted subject to and in accordance with these Rules.
Part VII—Miscellaneous
79. 	Appearance of parties
(1) 	A party to any arbitration under the Act, whether before a committee, or an arbitrator, or before the Court may appear—
	(a)	in person;
	(b)	by counsel;
	(c)	by solicitor;
or, by leave of the committee, arbitrator, or the Court—
	(d)	by a member of his or her family;
	(e)	by a person in the permanent and exclusive employment of the party;
	(f)	in the case of a company or corporation, by any director of the company or corporation, or by the secretary or any other officer or any person in the permanent and exclusive employment of the company or corporation;
	(g)	by any officer or member of any society or other body of persons of which such party is a member or with which he or she is connected, or, where death results from the injury, by any officer or member of any society, or other body of persons of which the deceased worker was a member or with which he or she was connected; or
	(h)	under special circumstances, by any other person.
(2) 	Any person mentioned in this Rule, who appears by leave of the Court, on behalf of a party to any proceeding before the Court, shall file with the Registrar a written authority, from such party, in accordance with Form 68.
(3) 	No person other than a solicitor who appears or acts on behalf of any party in any arbitration under the Act shall be entitled to have or recover any fee or reward for so appearing or acting, other than such travelling expenses and (in the case of a worker or a member of his or her family) allowance for time (if any) as may be allowed by the committee, arbitrator, or the Court:
Provided that nothing in these Rules shall affect the right of counsel to appear or act in any arbitration, or the right of any solicitor to recover costs in respect of his or her employment of counsel to so appear or act.
80. 	Note to be taken of question of law raised etc. and copy furnished
	At the hearing of any arbitration or special case the Court shall make a note of any question of law raised, and of the facts in evidence in relation thereto, and of its decision thereon, and of its decision in the arbitration or on the hearing of the case; and the Court shall, at the expense of any party to the arbitration or case, furnish a copy of the note so taken to, or allow a copy of the same to be taken by or on behalf of, such party, and shall sign such copy, whether a notice of appeal has been served or not.
81. 	Citation of matters
	Every matter brought into the Court under the Act shall, unless the contrary intention appears in any form in the First Schedule, be intituled in the manner following:
Australian Capital Territory,
Magistrates Court to wit—
No. of matter			of 19	.
In the matter of the Workers’ Compensation Act 1951.
In the matter of
Between
and shall be distinguished by a separate number according to the year and order in which it is filed and all documents filed and subsequent proceedings taken in the Court with reference to the matter shall be intituled in like manner, and shall be distinguished by the same number.
82. 	Filing and service of documents and notices
(1) 	Where any document is to be filed with the Registrar under these Rules, that document shall be so filed by delivering it at the office of the Registrar.
(2) 	All documents and copies shall be legibly written on foolscap, on one side only, with a quarter margin, folded lengthwise, and endorsed with the number, matter and a short statement of the nature of the contents.
(3) 	Where any document is to be filed, there shall be filed with the original document as many copies of the document as there are persons to whom copies of the document or any part thereof are to be sent by the Registrar, and in addition a copy for the use of the Court.
(4) 	Where any document is under these Rules to be sent to any person by the Registrar, that document may be sent by post.
(5) 	Any proceeding, document, or notice which is under these Rules to be served on any party may be served on such party by the opposite party or his or her solicitor; and where no special provision as to the mode of service is made by these Rules, any such proceeding, document, or notice may be served on such party, or where he or she acts by a solicitor, on his or her solicitor, in manner provided by subsection 25 (5) or (6) of the Act with reference to service of notice in respect of an injury; and the provisions of section 41 of the Magistrates Court Act 1930 shall apply to the service of any such proceeding, document, or notice, as if it were a summons.
83. 	Procedure where parties act by solicitors, and substituted service and notice in lieu of service
	The following provisions shall apply to the case of parties acting by solicitors, and as to substituted service and notice in lieu of service:
	(a)	When a party acts by a solicitor, service of any order, or any notice relating to any such order when directed to be served, may be made by or upon the solicitor, as the case may be;
	(b)	Where by the Rules any act may be done by any party, the act may be done either in person or by his or her solicitor or, where it can legally be done by an agent, by an agent;
	(c)	Where a party acts by a solicitor, any document, notice or proceeding, required to be served by or upon the party, may be served by or upon the solicitor, except in cases where by these Rules personal service upon a party is required; and service of the document, notice, or proceeding upon the solicitor, or delivery of the same at his or her office or sending the same to him or her by post, prepaid, shall be deemed to be good service upon the party for whom the solicitor acts, as upon the day when it is so served or delivered, or upon which, in the ordinary course of post, it would be delivered:
Provided that the provisions of this paragraph shall not extend to any proceedings under Rule 70;
	(d)	A solicitor acting for a party in any matter may give notice in writing by post or otherwise to the Registrar and to the other party, or his or her solicitor, that he or she is so acting, whereupon service of any document, notice or proceeding whatsoever authorized by these Rules to be served by or upon a solicitor so acting shall be made by or upon the solicitor accordingly, and he or she shall be deemed to be the solicitor acting for the party on whose behalf he or she has given the notice, until notice of change of solicitor has been duly given;
	(e)	Where a solicitor undertakes the service of any process, he or she shall make the necessary copies of each process, and the Registrar shall initial the same and return them to the solicitor for service;
	(f)	Any party who acts by a solicitor may change his or her solicitor without any order for that purpose, but when any change is made he or she shall give forty-eight hours’ notice in writing to the Registrar and to the other parties to the proceedings or the solicitors (if any) acting for them of the change and of the name or firm and place of business of the new solicitor, and the Registrar shall file the notice given to him or her; but until the notice is so filed and a copy thereof served, the former solicitor shall be deemed to be the solicitor of the party; and
	(g)	Where by reason of the absence of any party or for any other sufficient cause, the service of any summons, notice, proceeding or document cannot be made, the Court may, upon an affidavit showing grounds, make such order for substituted or other service, or for the substitution for service of notice by advertisement or otherwise, as is just.
84. 	Rules 11 and 79 to apply to all proceedings
	Rules 11 and 79 of these Rules shall apply to all proceedings under the Act and these Rules in the like manner as to proceedings by way of arbitration.
85. 	Procedure where no special provision made
	Where any matter or thing is not specially provided for under these Rules, the same procedure shall be followed and the same provisions shall apply, as far as practicable, as in a similar matter or thing under the Magistrates Court Act 1930 and the Rules thereunder or the Magistrates Court (Civil Jurisdiction) Act 1982, in so far as such procedure and provisions are applicable to proceedings by way of arbitration.
86. 	Applications to be in writing
	Unless otherwise prescribed, all applications under these Rules shall, as far as practicable, be in writing.
87. 	Records of proceedings and the Special Register
(1) 	Proceedings under the Act before the Court shall be recorded in the books of the Court in the manner in which other proceedings in the Court are recorded.
(2) 	The Registrar shall also keep, in accordance with Form 69, a special register for the purposes of the Act, in which he or she shall record—
	(1)	a memorandum of every application made to the Court for settlement of any matter by arbitration;
	(2)	a memorandum of every proceeding taken in any arbitration before the Court prior to the award;
	(3)	a memorandum of every appointment of a medical referee by the Court, and of his or her report, and if a medical referee is summoned or requested to attend any proceeding in the arbitration, of such summons or request and attendance;
	(4)	a memorandum of every award made by the Court;
	(5)	a memorandum of every special case submitted to the Court, and of the proceedings and order thereon;
	(6)	a memorandum of every judgment given by the Supreme Court on any appeal;
	(7)	a memorandum of every application to the Court for the appointment of an arbitrator in case of the death or refusal or inability to act of an arbitrator agreed on by the parties, and of the proceedings and order thereon;
	(8)	a copy of every memorandum sent to the Registrar pursuant to clause 9 of Schedule 4 to the Act, and of the report (if any) of the medical referee annexed thereto, with a note stating whether such memorandum was recorded without further proof, or after inquiry, or by order of the Court;
	(9)	if such memorandum is recorded after inquiry, a memorandum of the inquiries made and of the result thereof;
	(10)	if such memorandum is recorded by order of the Court, a memorandum of the application to the Court, and of the order made thereon;
	(11)	if, in the case of a memorandum of an agreement, the Registrar refers the matter to the Court, a memorandum of such reference, and of the directions of the Court, and the subsequent proceedings and order thereon;
	(12)	a memorandum of every application to rectify the register in respect of any memorandum, and of the proceedings and order thereon;
	(13)	a memorandum of every application or report with reference to the removal of the record of a memorandum of an agreement from the register, and of the subsequent proceedings and order thereon;
	(14)	a memorandum of every application to the Court, under clause 13 of Schedule 4 to the Act, to determine the amount of costs to be paid to a solicitor or agent, and of the proceedings and order thereon;
	(15)	a memorandum of every proceeding taken in the Court for the enforcement of any award, order, or memorandum, and of the result of such proceeding;
	(16)	a memorandum of every application to refer a matter to a medical referee pursuant to clause 11 of Schedule 1 to the Act, and of the order and subsequent proceedings thereon;
	(17)	a memorandum of every application to the Court for the suspension of the right to compensation or to take or prosecute any proceedings under the Act in relation to compensation, or of the right to weekly payments, and of the proceedings and order thereon;
	(18)	a memorandum of every sum paid into Court pursuant to clause 6 of Schedule 1 to the Act, or under any award or memorandum;
	(19)	a memorandum of every application made to the Court with reference to any such sum, and of every order made on the application, and of the manner in which the sum is invested, applied, or disposed of;
	(20)	a memorandum of every application for the payment of any weekly payment into Court, and of the proceedings and order thereon, and of the directions given as to the payment out or application of any such weekly payment;
	(21)	a memorandum of every application for variation of an order of the Court as to the apportionment, investment or application of any sum paid as compensation, and of the proceedings and order thereon;
	(22)	a memorandum of every application to refer a matter to a medical referee pursuant to clause 14 of Schedule 1 to the Act in the case of a worker intending to cease to reside in the Territory, and of the order and the proceedings thereon; and of every certificate and declaration of identity and request for payment received from the worker, and of the proceedings thereon;
	(23)	a memorandum of every application to set aside or vary an award or order under Rule 72, and of the proceedings and order thereon;
	(24)	a memorandum of every certified copy of an award or order given pursuant to Rule 32;
	(25)	a memorandum of any other matter which the Court orders to be recorded with reference to any matter brought into or proceeding taken in the Court under the Act.
(3) 	Entries made in the special register with respect to a matter brought into the Court under the Act and subsequent proceedings in the Court in relation thereto shall be entered together and shall be kept separate from the entries with respect to any other matter.
88. 	Forms in the Schedule or like forms to be used
(1) 	The forms in the First Schedule to these Rules, where applicable, and, where they are not applicable, forms of the like character, with such variations as the circumstances may require, shall be used in proceedings under the Act.
(2) 	Want of accuracy in the completion of any form, or the use of a wrong form, shall not invalidate any proceedings, but the Court may in any such case, make any amendment or give such other direction, both as to costs and otherwise, as the circumstances require.

THE SCHEDULES
THE FIRST SCHEDULE
	FORM 1	Rule 13
APPLICATION FOR ARBITRATION BY INJURED WORKER WITH RESPECT TO THE COMPENSATION PAYABLE TO HIM OR HER
A.B.									of [address]			[description]		               Applicant,					        and
C.D.									of [address]			[description]		            Respondent.
1.  On the			day of			    	       personal injury arising out of and in the course of his or her employment was caused to A.B. a worker employed by C.D.			[or by 			, a contractor with C.D.			for the execution of work undertaken by him or her].
2.  A question has [or Questions have] arisen				          [here state the questions, specifying only those which have arisen, e.g.]—
	(a)	as to whether the said A.B.			         is a worker to whom the above-mentioned Act applies; or
	(b)	as to the liability of the said C.D.			   to pay compensation under the above-mentioned Act in respect of the said injury; or
	(c)	as to the amount [or duration] of the compensation payable by the said C.D.			to the said A.B.			     under the above-mentioned Act in respect of the said injury.
[or as the case may be.]
3.  An arbitration under the above-mentioned Act is hereby requested between the said A.B.			and the said C.D.			         for the settlement of the said question [or questions].
4.  Particulars are hereto appended [or annexed].
PARTICULARS
1.  Name and address of applicant.
2.  Name, place of business, and nature of business of respondent.
3.  Nature of employment of applicant at time of injury, and whether employed under respondent or under a contractor with him or her.  [If employed under a contractor who is not a respondent, name and place of business of contractor to be stated.]
4.  Date and place of injury, nature of work on which worker was then engaged, and nature and cause of injury.
5.  Nature of injury.
6.  Particulars of incapacity for work, whether total or partial, and estimated duration of incapacity.
7.  Average weekly earnings during the twelve months previous to the injury, if the applicant had been so long employed under the employer by whom he or she was immediately employed, or if not, during any less period during which he or she has been so employed.
8.  Average weekly amount which the applicant is earning or is able to earn in some suitable employment or business after the injury.
9.  Payment, allowance or benefit received from employer during the period of incapacity.
10.  Amount claimed as compensation.
11.  Date of service of statutory notice of injury on respondent, and whether given before worker voluntarily left the employment in which he or she was injured.  [A copy of the notice to be annexed.]
12.  If notice not served, reason for omission to serve same.
	The names and addresses of the applicant and his or her solicitor or agent are:
		Of the applicant,
		Of his or her solicitor (or agent),
	The name and address of the respondent to be served with his or her application are:
	Dated this		day of		, 19	.
	(Signed)	Applicant.
	[Or,	Applicant’s Solicitor.]	[Or,	  Agent.]

	FORM 2	Rule 13
APPLICATION FOR ARBITRATION BY OR ON BEHALF OF DEPENDANTS OF DECEASED WORKER, WITH RESPECT TO THE COMPENSATION PAYABLE IN RESPECT OF THE INJURY TO SUCH DEPENDANTS, WHERE DEATH HAS RESULTED FROM AN INJURY TO THE WORKER, AND THE SETTLEMENT OF QUESTIONS AS TO WHO ARE DEPENDANTS, AND THE APPORTIONMENT AND APPLICATION OF SUCH COMPENSATION
E.F.
	of [address]	[description]	Applicant,
and
C.D.
	of [address]	[description]
and
G.H.
	of [address]	[description]	Respondents.
[or as the case may be; see Rule 8.]
1.  On the			day of			    personal injury arising out of and in the course of his or her employment was caused to A.B. late of		   deceased, a worker employed by C.D.			[or by 		                a contractor with C.D.			 , for the execution of work undertaken by him or her], and on the			day of 			       the death of the said A.B. resulted from the injury.
2.  A question has [or questions have] arisen				          [here state the questions, specifying only those which have arisen, e.g.]—
	(a)	as to whether the said A.B.			      was a worker to whom the above-mentioned Act applied; or
	(b)	as to the liability of the said C.D.			   to pay compensation under the above-mentioned Act to the dependants of the said A.B.		              in respect of the injury caused to them by the death of the said A.B.	            ; or
	(c)	as to the amount of compensation payable by the said C.D. to the dependants of the said A.B.			under the above-mentioned Act in respect of the injury caused to them by the death of the said A.B.			; or
	(d)	as to who are dependants of the said A.B.			                 within the meaning of the above-mentioned Act; or
	(e)	as to the apportionment and application of the compensation payable by the said C.D.			, to the dependants of the said A.B.		              in respect of the injury caused to them by the death of the said A.B.
[or as the case may be.]

3.  An arbitration under the above-mentioned Act is hereby requested between E.F.			, the legal personal representative of the said A.B.			acting on behalf of the dependants of the said A.B.		          , [or between E.F.			, a dependant of the said A.B.		          ] and the said C.D.			, and G.H.			      , who claims or may be entitled to claim to be a dependant of the said A.B.
[or as the case may be; see Rule 8.]
for the settlement of the said question [or questions].
4.  Particulars are hereto appended [or annexed].
PARTICULARS
1.  Name and late address of deceased worker.
2.  Name, place of business, and nature of business of respondent from whom compensation is claimed.
3.  Nature of employment of deceased at time of injury, and whether employed under respondent or under a contractor with him or her.  [If employed under a contractor who is not a respondent, name and place of business of contractor to be stated.]
4.  Date and place of injury, nature of work on which deceased was then engaged, and nature and cause of injury.
5.  Nature of injury to deceased, and date of death.
6.  Earnings of deceased during the three years next preceding the injury, if he or she had been so long in the employment of the employer by whom he or she was immediately employed, or if the period of his or her employment had been less than the said three years, particulars of his or her average weekly earnings during the period of his or her actual employment under the said employer.
7.  Amount of weekly payments (if any) made to deceased under the Act, and of any lump sum paid in redemption thereof.
8.  Name and address of applicant for arbitration.
9.  Character in which applicant applies for arbitration, i.e., whether as legal personal representative of deceased or as a dependant, and if as a dependant, particulars showing how he or she is so.
10.  Particulars as to dependants of deceased by whom or on whose behalf the application is made, giving their names and addresses and descriptions and occupations (if any), and their relationship to the deceased, and if infants, their respective ages, and stating whether they were wholly or partially dependent on the earnings of the deceased at the time of his or her death.
11.  Particulars as to any persons claiming or who may be entitled to claim to be dependants, but as to whose claim a question arises, and who are therefore made respondents, with their names, addresses and descriptions and occupations (if any).
12.  Particulars of amount claimed as compensation, and of the manner in which the applicant claims to have such amount apportioned and applied.
13.  Date of service of statutory notice of injury on respondent from whom compensation is claimed, and whether given before deceased voluntarily left the employment in which he or she was injured.  [A copy of the notice to be annexed.]
14.  If notice not served, reason for omission to serve same.

The names and addresses of the applicant and his or her solicitor or agent are:
Of the applicant,								Of his or her solicitor,							(Or, Agent.)
The names and addresses of the respondents to be served with this application are:
	C.D.			of						G.H.			of
Dated this				day of				, 19    .
							(Signed)                 Applicant.					[Or,		          Applicant’s Solicitor.]					[Or,				   Agent.]

	FORM 3	Rule 13
APPLICATION FOR ARBITRATION AS TO WHO ARE DEPENDANTS, OR AS TO THE AMOUNT PAYABLE TO EACH DEPENDANT, WHERE THE TOTAL AMOUNT PAYABLE AS COMPENSATION TO THE DEPENDANTS OF A DECEASED WORKER HAS BEEN AGREED OR ASCERTAINED
E.F.									of [address]			[description]		               Applicant,					        and
C.D.									of [address]			[description]				and
G.H.									of [address]			[description]				and
J.K.									of [address]			[description]				and
L.M.									of [address]			[description]		         Respondents.			              [or as the case may be; see Rule 9.]
1.  On the			day of			    personal injury arising out of and in the course of his or her employment was caused to A.B.,			   , late of		, deceased, a worker employed by C.D.,			      [or by 			a contractor with C.D.			  , for the execution of work undertaken by him or her] and on the			day of 		             the death of the said A.B.				resulted from the injury.
2.  The amount of compensation payable by the said C.D.			       to the dependants of the said A.B.				     under the above-mentioned Act, in respect of the injury caused to them by the death of the said A.B.			  has been agreed [or ascertained], but a question has [or questions have] arisen 		          [here state the questions, specifying only those which have arisen; e.g.]—
	(a)	as to who are dependants of the said A.B.				      within the meaning of the above-mentioned Act, or
	(b)	as to the apportionment and application of the compensation payable to the dependants of the said A.B.								     [or as the case may be.]

3.  An arbitration under the above-mentioned Act is hereby requested between E.F.,	, the legal personal representative of the said A.B.		       acting on behalf of N.O.		         P.R.	           &c., dependants of the said A.B.		              [or between E.F.	                         N.O.		 P.R.		          &c., dependants of the said A.B.		        ], and the said C.D.		      and G.H.	                     J.K.		            and L.M.		         , who are or claim or may be entitled to claim to be dependants of the said A.B.		                 ], and the said C.D.		 and G.H.		J.K.		                  and L.M.		           who are or claim or may be entitled to claim to be dependants of the said A.B.
[or as the case may be; see Rule 9.]
for the settlement of the said question [or questions].
4.  Particulars are hereto appended [or annexed].
PARTICULARS
1.  Name and late address of deceased worker.
2.  Name and place of business of employer by whom compensation has been paid or is payable.
3.  Date of injury to deceased, and date of death.
4.  Agreed or ascertained amount of compensation to be paid to dependants of deceased.
5.  Particulars as to whether the compensation money is still payable by the employer or has been paid by him or her, and if so, to whom, and in whose hands it now is.
6.  Character in which the applicant applies for arbitration, i.e., whether as legal personal representative of deceased or as a dependant, and if as a dependant, particulars showing how he or she is so.
7.  Particulars as to the dependants or persons claiming to be dependants by whom or on whose behalf the application is made, giving their names and addresses, and descriptions and occupations (if any), and their relationship to the deceased, and if infants, their respective ages, and stating whether they were or claim to have been wholly or partially dependent on the earnings of the deceased at the time of his or her death.
8.  The like particulars as to any dependants who are made respondents.
[NOTE—If there is a legal personal representative, and he or she is not the applicant, he or she must be made a respondent; see Rule 9.]
9.  Particulars as to any persons claiming or who may be entitled to claim to be dependants, but as to whose claim a question arises, and who are therefore made respondents, with their names, addresses, descriptions, and occupations (if any).
10.  Particulars of the manner in which the applicant claims to have the amount of compensation apportioned and applied.
The names and addresses of the applicant and his or her solicitor or agent are:
Of the applicant,
	Of his or her solicitor,
	(Or, Agent.)
The names and addresses of the respondents to be served with this application are:
	C.D.
	G.H.
	J.K.
	L.M.
[or as the case may be.]
Dated this		           day of		         19    .
	(Signed)	Applicant.
	[Or,	Applicant’s Solicitor.]	[Or,	Agent.]

	FORM 4	Rule 13
APPLICATION FOR ARBITRATION AS TO COMPENSATION PAYABLE IN RESPECT OF EXPENSES OF MEDICAL ATTENDANCE AND BURIAL, WHERE DECEASED WORKER LEAVES NO DEPENDANTS
E.F.
	of [address]		    [description]		       Applicant,					            and
C.D.									of [address]		    [description]					and
G.H.
	of [address]		    [description]		       Respondents.
1.  On the			day of			    personal injury arising out of and in the course of his or her employment was caused to A.B.			   , late of			, deceased, a worker employed by C.D.,		      [or by			, a contractor with C.D.			                     , for the execution of work undertaken by him or her], and on the			day of			the death of the said A.B.			resulted from the injury.
2.  The said A.B.			left no dependants within the meaning of the above-mentioned Act.
3.  A question has [or questions have] arisen				          [here state the questions, specifying only those which have arisen; e.g.]—
	(a)	as to whether the said A.B.			      was a worker to whom the above-mentioned Act applied; or
	(b)	as to the liability of the said C.D.			   to pay compensation under the above-mentioned Act in respect of the reasonable expenses of the medical attendance on and the burial of the said A.B.			; or
	(c)	as to the amount of compensation payable by the said C.D.		         under the above-mentioned Act in respect of the reasonable expenses of the medical attendance on and the burial of the said A.B.			; or
	(d)	as to the apportionment and application of the compensation payable by the said C.D.			           under the above-mentioned Act in respect of the reasonable expenses of the medical attendance on and the burial of the said A.B.
[or as the case may be.]
4.  An arbitration under the above-mentioned Act is hereby requested between E.F.		and the said C.D.		                 and G.H.			      for the settlement of the said question [or questions.]
5.  Particulars are hereto appended [or annexed.]
PARTICULARS
1.  Name and late address of deceased worker.
2.  Name, place of business, and nature of business of respondent from whom compensation is claimed.
3.  Nature of employment of deceased at time of injury, and whether employed under respondent or under contractor with him or her.  [If employed under a contractor who is not a respondent, name and place of business of contractor to be stated.]
4.  Date and place of injury, nature of work on which deceased was then engaged, and the nature and cause of injury.

5.  Nature of injury to deceased and date of death.
6.  Name and address of applicant for arbitration.
7.  Character in which applicant applies for arbitration, i.e., whether as legal personal representative of deceased, or as a person to whom expenses in respect of which compensation is payable are due; and if the latter, particulars must be given of the circumstances under which the expenses are claimed to be due to the applicant.
8.  Particulars as to any other persons who claim that expenses in respect of which compensation is payable are due to them, and who are therefore made respondents, with their names and addresses.
9.  Particulars of amount claimed as compensation, and of the manner in which the applicant desires such amount to be apportioned and applied.
10.  Date of service of statutory notice of injury on respondent from whom compensation is claimed, and whether given before deceased voluntarily left the employment in which he or she was injured.  [A copy of the notice to be annexed.]
11.  If notice not served, reason for omission to serve same.
The names and addresses of the applicant and his or her solicitor or agent are:
Of the applicant,								Of his or her solicitor,							(Or, agent.)
The names and addresses of the respondents to be served with this application are:
	C.D.									G.H.
Dated this		           day of		        , 19    .
				(Signed)			             Applicant.					[Or		        Applicant’s Solicitor.]					[Or				 Agent.]

	FORM 5	Rule 13
APPLICATION FOR ARBITRATION WITH RESPECT TO THE REVIEW, TERMINATION, DIMINUTION, INCREASE, OR REDEMPTION OF A WEEKLY PAYMENT
C.D.,
	of [address]		      [description]		              Applicant,				              and
A.B.
	of [address]		      [description]
[or as the case may be]
An arbitration under the Workers’ Compensation Act 1951, is hereby requested between C.D.			and A.B.
[or as the case may be]
with respect to the review and termination [or diminution, or increase, or redemption, as the case may be] of the weekly payment payable to the said A.B.			 under the said Act in respect of personal injury arising out of and in the course of his or her employment.
Particulars are hereto appended [or annexed.]
PARTICULARS
1.  Name and address of injured worker.
2.  Name and place of business of employer by whom compensation is payable.
3.  Date and nature of injury.
4.  Date of agreement, decision, or award fixing weekly payment, amount of such payment, and date from which it commenced.
5.  Relief sought by applicant, whether termination, diminution, increase, or redemption.
6.  Grounds on which termination, diminution, or increase is claimed.
The names and addresses of the applicant and his or her solicitor or agent are:
Of the Applicant,								Of his or her Solicitor,							(Or, Agent.)
The name and address of the respondent to be served with this application are:
Dated this		           day of		        , 19    .
						     (Signed)	               Applicant.					         [Or		          Applicant’s Solicitor.]					         [Or				   Agent.]

	FORM 6	Rules 13, 33
APPLICATION FOR ARBITRATION BY WORKER DISABLED BY OR SUSPENDED ON ACCOUNT OF HAVING CONTRACTED INDUSTRIAL DISEASE COMING WITHIN SECTION 9
A.B.									of [address]			[description]		               Applicant,					        and
C.D.									of [address]			[description]		         Respondents.
1.  On the			day of			E.F.		               , a medical referee appointed for the purposes of the Workers’ Compensation Act 1951, certified that A.B.			of			was suffering from			, a disease coming within section 9 of the said Act, and was thereby disabled from earning full wages at the work at which he or she was employed.
[Or 1.  On the			day of			A.B	              of			  was in pursuance of [or regulations made under] the [give the short title of the Act in question], suspended from his or her usual employment on account of his or her having contracted			            , a disease coming within section 9 of the Workers’ Compensation Act 1951.]
2.  The said A.B.			 alleges that the above-mentioned disease is due to the nature of his or her employment in			  [describe employment], and that he or she was last employed in such employment within the twelve months previous to the date of disablement [or suspension] by C.D.				of	                .
3.  A question has [or questions have] arisen				          [here state the questions, specifying only those which have arisen, e.g.]—
	(a)	as to whether the said A.B.			         is a worker to whom the Workers’ Compensation Act 1951 applies; or
	(b)	as to the liability of the said C.D.			   to pay compensation under the Workers’ Compensation Act 1951, in respect of the said disease [or suspension]; or
	(c)	as to whether the said disease was in fact contracted whilst the said A.B.			was in the employment of the said C.D.		             ; or
	(d)	as to whether the said disease is due to the nature of the employment of the said A.B.			under the said C.D.			; or
	(e)	as to the amount [or duration] of the compensation payable by the said C.D.			to the said A.B.				 under the Workers’ Compensation Act 1951, in respect of the said disease.
[or as the case may be.]
4.  An arbitration under the above-mentioned Act is hereby requested between the said A.B.			and the said C.D.			for the settlement of the said question [or questions].
5.  Particulars are hereto appended [or annexed.]
PARTICULARS
1.  Name and address of applicant.
2.  Name, place of business, and nature of business of respondent.
3.  Nature of employment of applicant under respondent to which the disease was due.
4.  Nature of disease.
5.  Date of disablement or suspension.
6.  Names and addresses of all other employers by whom applicant was employed in the same employment during the twelve months previous to date of disablement or suspension.
7.  Particulars of incapacity for work, whether total or partial, and estimated duration of incapacity.
8.  Average weekly earnings during the twelve months previous to date of disablement or suspension, if the applicant has been so long employed under respondent, or if not, during any less period during which he or she has been so employed.
9.  Average weekly amount which the applicant is earning or is able to earn in some suitable employment or business.
10.  Payment, allowance, or benefit received from employer during period of incapacity.
11.  Amount claimed as compensation.
12.  Date of service of statutory notice of disablement or suspension on respondent.  [A copy of the notice to be annexed.]
13.  If notice not served, reason for omission to serve same.
The names and addresses, &c. [as in Form 1.]

	FORM 7	Rules 13, 33
APPLICATION FOR ARBITRATION BY OR ON BEHALF OF DEPENDANTS OF DECEASED WORKER WHOSE DEATH HAS BEEN CAUSED BY INDUSTRIAL DISEASE
E.F.									of [address]			[description]		               Applicant,					        and
C.D.									of [address]			[description]								        and
G.H.									of [address]			[description]		         Respondents.
[or as the case may be; see Rule 8.]
1.  On the			day of			J.K.		               , a medical referee appointed for the purposes of the Workers’ Compensation Act 1951, certified that A.B.			of			was suffering from				, a disease coming within section 9 of the said Act, and was thereby disabled from earning full wages at the work at which he or she was employed; and on the			day of			the said A.B.		          died, his or her death being caused by the said disease.
[Or 1.  On the		day of		                A.B.		             of		                    was in pursuance of [or regulations made under] the [give the short title of the Act in question], suspended from his or her usual employment on account of his or her having contracted			            , a disease coming within section 9 of the Workers’ Compensation Act 1951, and on the			day of			the said A.B.			     died, his or her death being caused by the said disease.
[Or 1.  On the			day of			A.B.			    late of			 died, his or her death being caused by			                         , a disease coming within section 9 of the Workers’ Compensation Act 1951.]
2.  The applicant alleges that the above-mentioned disease was due to the nature of the employment of the said A.B.			in		                  [described employment], and that he or she was last employed in such employment within the twelve months previous to his or her disablement or suspension [or, if the worker died without having obtained a certificate of disablement, or was not at the time of his or her death in receipt of a weekly payment on account of disablement, within the twelve months previous to his or her death] by C.D.			of		.
3.  A question has [or questions have] arisen				          [here state the questions, specifying only those which have arisen; e.g.]—
	(a)	as to whether the said A.B.			      was a worker to whom the Workers’ Compensation Act 1951 applied; or
	(b)	as to the liability of the said C.D.				                        to pay compensation under the Workers’ Compensation Act 1951, to the dependants of the said A.B.			      in respect of the injury caused to them by the death of the said A.B.			; or
	(c)	as to whether the said disease was in fact contracted whilst the said A.B.			was in the employment of the said C.D.		            ; or
	(d)	as to whether the said disease was due to the nature of the employment of the said A.B.			under the said C.D.			; or
	(e)	as to whether the death of the said A.B.			   was in fact caused by the said disease; or
	(f)	as to the amount of compensation payable by the said C.D.		               to the dependants of the said A.B. under the above-mentioned Act in respect of the injury caused to them by the death of the said A.B.		        ; or
	(g)	as to who are dependants of the said A.B.			                 within the meaning of the above-mentioned Act; or
	(h)	as to the apportionment and application of the compensation payable by the said C.D.			to the dependants of the said A.B.		               in respect of the injury caused to them by the death of the said A.B.
[or as the case may be.]
4.  An arbitration under the above-mentioned Act is hereby requested between E.F.		          , the legal personal representative of the said A.B.		                 , acting on behalf of the dependants of the said A.B. [or between E.F.		              , a dependant of the said A.B.			,] and the said C.D. and G.H.	                 , who claims or may be entitled to claim to be a dependant of the said A.B.
[or as the case may be; see Rule 8.]
for the settlement of the said question [or questions].
5.  Particulars are hereto appended [or annexed].

PARTICULARS
1.  Name and late address of deceased worker.
2.  Name, place of business, and nature of business of respondent from whom compensation is claimed.
3.  Nature of employment of deceased under respondent to which the disease was due.
4.  Nature of disease.
5.  Date of disablement, and date of death.
6.  Earnings of deceased during the three years next preceding disablement, if he or she had been so long in the employment of the respondent, or if the period of his or her employment had been less than the said three years, particulars of his or her average weekly earnings during the period of his or her actual employment under the respondent.
7.  Names and addresses of all other employees by whom deceased was employed in the same employment during the twelve months previous to the date of disablement.
8.  Amount of weekly payments (if any) made to deceased under the Act and of any lump sum paid in redemption thereof.
9.  Name and address of applicant for arbitration.
10.  Character in which applicant applies for arbitration, i.e., whether as legal personal representative of deceased or as a dependant, and if as a dependant, particulars showing how he or she is so.
11.  Particulars as to dependants of deceased by whom or on whose behalf the application is made, giving their names and addresses, and descriptions and occupations (if any), and their relationship to the deceased, and if infants, their respective ages, and stating whether they were wholly or partially dependent on the earnings of the deceased at the time of his or her death.
12.  Particulars as to any persons claiming or who may be entitled to claim to be dependants, but as to whose claim a question arises, and who are therefore made respondents, with their names, addresses, and descriptions and occupations (if any).
13.  Particulars of amount claimed as compensation, and of the manner in which the applicant claims to have such amount apportioned and applied.
14.  Date of service of statutory notice of disablement.  [A copy of the notice to be annexed.]
15.  If notice not served, reason for omission to serve same.
The names and addresses, &c. [as in Form 2.]

	FORM 8	Rule 18
NOTICE TO APPLICANT OF DAY UPON WHICH ARBITRATION WILL BE PROCEEDED WITH
[Heading as in Request for Arbitration.]
TAKE NOTICE that the Court will proceed with the arbitration in this matter at 			on			the		    day of		                at the hour of		o’clock in the		noon.
Dated this		           day of		        ,19    .
To					of
						Registrar of the Magistrates Court.

	FORM 9	Rule 18
NOTICE TO RESPONDENT OF DAY UPON WHICH ARBITRATION WILL BE PROCEEDED WITH
[Heading as in Request for Arbitration.]
TAKE NOTICE that the Court will proceed with the arbitration applied for in the request and particulars, a sealed copy of which is served herewith, at 			            on			the			day of			        at the hour of			o’clock in the			  noon; and that if you do not attend either in person or by your solicitor (or, agent) at the time and place above-mentioned such order will be made and proceedings taken as the Court thinks just and expedient.
*Under rule 19A you must—
(a)	within 14 days after the date of the receipt of this notice, serve a copy of the applicant’s request and particulars, and the form, on the insurer with whom you maintain, or maintained at the relevant time, a policy of insurance or indemnity in relation to the subject matter of the arbitration; and
(b)	within 7 days after the date of services under paragraph (a), file with me a certificate of service in accordance with Form 10A.
*Delete if inapplicable
And further take notice that if you wish to disclaim any interest in the subject-matter of the arbitration, or consider that the applicant’s particulars are in any respect inaccurate or incomplete, or desire to bring any fact or document to the notice of the Court, or intend to rely on any fact, or to deny (wholly or partially) your liability to pay compensation under the Act, you must file with me an answer, stating your name and address and the name and address of your solicitor (or, agent) (if any), and stating that you disclaim any interest in the subject-matter of the arbitration, or stating in what respect the applicant’s particulars are inaccurate or incomplete, or stating concisely any fact or document which you desire to bring to the notice of the Court, or on which you intend to rely, or the grounds on and extent to which you deny liability to pay compensation.
Such answer, together with a copy thereof for the Court and a copy for the applicant and for each of the other respondents, must be filed with me seven (7) clear days at least before the			day of			.
If no answer is filed, and subject to such answer, if any, the applicant’s particulars and your liability to pay compensation will be taken to be admitted.
Dated this			day of			, 19	.
To			of
						Registrar of the Magistrates Court.

	FORM 10	Rule 19
AFFIDAVIT OF SERVICE
[Heading as in Request for Arbitration]
I, (full name) (occupation) of			in the Australian Capital Territory, being duly sworn make oath and saith as follows:
1.  I am over the age of 16 years.
2.  I did on			day of			19	        , duly serve the above-named			with the			   hereto annexed and marked			   “A” by delivering a true copy thereof to him or her (personally or otherwise) at 
Sworn at 			this			day of		  19   .
Before me—

	FORM 10A	Rule 19A
CERTIFICATE OF SERVICE
[Heading as in request for arbitration]
I, (full name) (occupation) of			      in the Australian Capital Territory, certify that today I served			with			by—
	*(a)	leaving a copy of it at (address).
	*(b)	sending a copy of it by prepaid mail addressed to			     .
Dated			19	.
							....................................
								(signature)
*Delete whichever is inapplicable

	FORM 11	Rule 20
ANSWER BY RESPONDENTS
[Heading as in Request for Arbitration.]
TAKE NOTICE—
That the respondent, C.D.,			   disclaims any interest in the subject-matter of the above arbitration.
Or,
That the respondent, C.D.,			  states that the applicant’s particulars filed in this matter are inaccurate or incomplete in the particulars hereto annexed.
Or,
That the respondent, C.D.,			      desires to bring to the notice of the Court the facts stated in the particulars hereto annexed.
Or,
That the respondent, C.D.,			                   intends at the hearing of the arbitration to give evidence and rely on the facts stated in the particulars hereto annexed.
Or,
That the respondent, C.D.,			           denies his or her liability to pay compensation under the Act in respect of the injury to A.B.,		    mentioned in the applicant’s particulars, on the grounds stated in the particulars hereto annexed.
PARTICULARS
1.  Particulars in which the particulars filed by the Applicant are inaccurate or incomplete—
2.  Facts which the Respondent desires to bring to the notice of the Court—
That the applicant, A.B.			 refuses to submit himself or herself to medical examination as required by [or obstructs the medical examination required by] the respondent, C.D.,			 in accordance with clause 5 of Schedule 1 to the Act [or refuses to submit himself or herself for examination by a medical referee as ordered] [or obstructs the examination by a medical referee ordered] in accordance with paragraph 1] of the First Schedule to the Act.
[or as the case may be.]
3.  Facts which the Respondent, C.D., intends to give in evidence and rely on at the hearing of the Arbitration—
That notice of the alleged injury [or of death, disablement, or suspension] was not given to the respondent as required by the Act; or

That the claim for compensation was not made on the respondent within the time limited by the Act; or
That a scheme of compensation [benefit or insurance] for the workers of the respondent, C.D.,			  has been duly certified by the Minister, and such certificate was in force at the date of the alleged injury, and the said C.D.,			contracted with the applicant, A.B.,			[or with the deceased worker], by a contract which was in force at the date of the alleged injury, that the provisions of the said scheme should be substituted for the provisions of the Act, and the said C.D.,			               is consequently liable only in accordance with the said scheme.
[or as the case may be.]
4.  Grounds on which the Respondent denies his or her liability to pay compensation—
	(i)	That the applicant, A.B.,			      is [or the deceased worker was] not a worker to whom the Act applies; or
	(ii)	That the injury to the applicant [or to the deceased worker] did not arise out of and in the course of his or her employment; or
	(iii)	That the injury to the applicant [or to the deceased worker] was attributable to the serious and wilful misconduct of the applicant [or of the deceased worker]; or
	(iv)	That at the time of the alleged injury the applicant [or the deceased worker] was not immediately employed by the respondent, but was employed by	              of			 , a contractor with the respondent for the execution by or under such contractor of work undertaken by the respondent, and the injury occurred elsewhere than on, in or about premises on which the respondent had undertaken to execute the work or which were otherwise under the control and management of the respondent; or
	(v)	That the injury to the applicant [or to the deceased worker] was caused under circumstances creating a legal liability in a person other than the respondent, to wit,			          [name and address of such person] to pay damages in respect thereof, and the applicant [or the deceased worker] has taken proceedings against that person and has recovered damages from him or her; or
In case of industrial disease—
	(vi)	That the applicant [or the deceased worker] at the time of entering the employment of the respondent wilfully and falsely represented himself or herself in writing as not having previously suffered from the disease mentioned in the applicant’s particulars; or
	(vii)	That the disease mentioned in the applicant’s particulars was not contracted whilst the applicant [or the deceased worker] was in the employment of the respondent; or
	(viii)	That the disease mentioned in the applicant’s particulars was not due to the nature of the employment in which the applicant [or the deceased worker] was employed by the respondent:
[or as the case may be.]
And further take notice, that the names and addresses of the said respondent and his or her solicitor (or, agent) are—
Of the Respondent, C.D.,							Of his or her Solicitor,							(Or, Agent).
Dated this				day of				, 19    .
			(Signed)	    Respondent, C.D.							            [or Solicitor for the Respondent, C.D.							(or Agent).]
To the Registrar of the Magistrates Court, and				              To the Applicant, A.B., and						              To the Respondents,
[if any, naming them].

	FORM 12	Rule 21
NOTICE BY RESPONDENT ADMITTING LIABILITY, AND SUBMITTING TO AN AWARD FOR PAYMENT OF A WEEKLY SUM, OR PAYING MONEY INTO COURT, OR SUBMITTING TO AN AWARD OR PAYING MONEY INTO COURT WITH A DENIAL OF LIABILITY
[Heading as in Request for Arbitration.]
TAKE NOTICE—
That the respondent, C.D.,			           admits his or her liability to pay compensation in the above-mentioned matter.
And he or she hereby submits to an award for payment by him or her to the applicant, A.B.,			of the weekly sum of			           , such weekly payment to commence from the			day of			    , and to continue during the total or partial incapacity of the said A.B.,			 for work, or until the same shall be ended, diminished, increased, or redeemed in accordance with the provisions of the above-mentioned Act.
And for payment by him or her to the applicant			  forthwith after the award of the amount of such weekly payments calculated from the			      day of			until the first Friday [or other usual pay day] after the date of the award, and for the payment thereafter of the said sum of			     to the applicant			on Friday [or other usual pay day] in every week.
[Or, And the said C.D.,			    herewith pays into Court the sum of			in satisfaction of such liability.]
[Or, where liability is denied,
TAKE NOTICE—
That the respondent, C.D.,			    hereby submits [follow from above, down to the words in every week.]
[Or, that the respondent, C.D.,			    herewith pays into Court the sum of			       in satisfaction of the applicant’s claim in the above-mentioned matter.]
And further take notice, that, notwithstanding such submission [or payment] the respondent denies his or her liability.
And further take notice, that the address of the said respondent is as follows:	         (state the address).]
Dated this				day of				, 19    .
			(Signed)			Respondent, C.D.							[or Respondent’s Solicitor.							               (Or Agent).]
To the Registrar of the Magistrates Court, and				              To the Applicant, A.B., and						              To the Respondents,
[if any, naming them].

	FORM 13	Rule 21
NOTICE OF FILING OF SUBMISSION TO AN AWARD, OR OF PAYMENT INTO COURT IN THE CASE OF AN INJURED WORKER
[Heading as in Request for Arbitration.]
TAKE NOTICE—
That the respondent, C.D.,			        has this day filed with me a notice (copy of which is sent herewith) that he or she admits his or her liability to pay compensation in the above-mentioned matter, and submits to an award for payment by him or her to you of the weekly sum of 
[Or and has paid into Court the sum of		in satisfaction of such liability].
[Or
TAKE NOTICE—
That the respondent, C.D.			      , has this day filed with me a notice (copy of which is sent herewith) that he or she denies his or her liability to pay compensation in the above-mentioned matter, but that he or she submits to an award for payment by him or her to you of the weekly sum of			        [or but that he or she has paid into Court the sum of			in satisfaction of your claim].]
If you elect to accept such weekly sum [or the sum so paid into Court] in satisfaction of your claim, you must, within a reasonable time before the day fixed for proceeding with the arbitration, send by post to the Registrar of this Court, and to the said C.D.			       , a written notice of such acceptance in the prescribed form, or leave such notice at the office of the Registrar, and at the residence or place of business of the said C.D.
If you send such notice, the Court will, on application made to it, make an award directing payment of such weekly sum to you [or directing payment of the said sum of			to you, or applying the said sum of			    for your benefit], and you will be liable to no further costs.
In default of such notice, the arbitration will be proceeded with; and if no greater payment is awarded to you, you will be liable to be ordered to pay the costs incurred by the respondents subsequent to the receipt by you of this notice.
Dated this			day of			, 19    .
						Registrar of the Magistrates Court.
To the Applicant, A.B.

	FORM 14	Rule 21
NOTICE OF PAYMENT INTO COURT IN THE CASE OF DEATH
[Heading as in Request for Arbitration.]
TAKE NOTICE—
That the respondent, C.D.			      , has this day filed with me a notice (copy of which is sent herewith) that he or she admits his or her liability to pay compensation in the above-mentioned matter, and has paid into Court the sum of	                                in satisfaction of such liability.
[Or
TAKE NOTICE—
That the respondent, C.D.			      , has this day filed with me a notice (copy of which is sent herewith) that he or she denies his or her liability to pay compensation in the above-mentioned matter, but that he or she has paid into Court the sum of			in satisfaction of the claim made herein.]
If you are willing to accept the sum so paid into Court in satisfaction of the compensation payable in the above-mentioned matter, you must send to the Registrar of this Court, and to the said C.D.			      , and to the other respondents [or, where this notice is sent to a respondent, to the applicant and other respondents], a written notice forthwith by post, or leave such notice at the office of the Registrar, and at the residence or place of business of the said C.D.			, and at the residence or place of business of each of the other respondents [or of the applicant and each of the other respondents.]
If you and all the other respondents [or, If you and the applicant and all the other respondents] send such notice, and agree as to the apportionment and application of the said sum of			, the Court will, on application made to it, make an award for such apportionment and application, and you will be liable to no further costs.
If you and all the other respondents [or, If you and the applicant and all the other respondents] send such notice, but do not agree as to the apportionment and application of the said sum of			, the arbitration will be proceeded with as between you and such other respondents [or, as between the applicant and yourself and such other respondents.]
In default of such notice being sent by you and all the other respondents [or, by the applicant and yourself and all the other respondents], the arbitration will be proceeded with; and if no greater amount than the said sum of			is awarded as compensation, the parties who do not send such notice will be liable to be ordered to pay the costs incurred by the respondent C.D.,			subsequent to the receipt by such parties of this notice, and also any costs incurred subsequent to the receipt of this notice by any parties who send notice of their willingness to accept the said sum of		         in satisfaction of the compensation payable in the above-mentioned matter.
Dated this				day of				, 19    .
						Registrar of the Magistrates Court.
To the Applicant, A.B.							[or, To the Respondent, G.H.]
	    (or as the case may be).

	FORM 15	Rule 21
NOTICE OF ACCEPTANCE OF WEEKLY SUM OFFERED, OR OF WILLINGNESS TO ACCEPT SUM PAID INTO COURT
[Heading as in Request for Arbitration.]
TAKE NOTICE—
That the applicant, A.B.,	              accepts the weekly sum offered by the respondent, C.D.			   [or the sum of		              paid into Court] in satisfaction of his or her claim in the above-mentioned matter [or that the applicant, E.F.,	              [or the respondent, G.H.,			] is willing to accept the sum of		 paid into Court by the respondent, C.D.,		     in satisfaction of the compensation payable in the above-mentioned matter].
But the applicant			[or the said respondent, G.H.	              ] will apply to the Court to include in its award an order directing the said respondent, C.D.,		to pay the costs properly incurred by the applicant 		              [or the said respondent, G.H.,			       ] before the receipt of notice of the offer of the said weekly sum [or of notice of payment of the said sum of		          into Court], and his or her costs properly incurred in relation to the notice of the offer of the said weekly sum [or the notice of payment of the said sum of		                   into Court], and to this notice, and in attending at the Court to obtain an award.
Dated this			day of			, 19    .
						(Signed)	              Applicant,
								       or
								          Respondent.
To the Registrar of the Magistrates Court, and
To the Respondent, C.D., and
To the Applicant, A.B., and
To the Respondents [naming them.]

	FORM 16	Rule 22, 33
NOTICE BY RESPONDENT TO THIRD PARTIES
[Heading as in Request for Arbitration.]
To			, of			(address and description).
TAKE NOTICE that A.B.		of		            , has filed a request for arbitration (a copy whereof is hereto annexed) as to the amount of compensation payable by the respondent, C.D.		, to the said A.B.		 in respect of personal injury to the said A.B.			arising out of and in the course of his or her employment.
(Or, That E.F.		of		       has filed a request for arbitration (a copy whereof is hereto annexed) with respect to the compensation payable to the dependants of A.B.		deceased, in respect of the injury caused to the said dependants by the death of said A.B.		       which resulted from injury to the said A.B.		      arising out of and in the course of his or her employment.
(or as the case may be; see forms of request for arbitration.)
The respondent, C.D.			, claims to be indemnified by you against his or her liability to pay such compensation, on the ground that at the time of the injury in respect of which compensation is claimed the said A.B.			               was not immediately employed by the said C.D.			, but was employed by you in the execution of work undertaken by the said C.D.			       , in respect of which the said C.D.			had contracted with you for the execution thereof by or under you.
(Or, on the ground that the injury for which compensation is claimed was caused under circumstances creating a legal liability on your part to pay damages in respect thereof.)
(Or as the case may be.)

(Or, in case of industrial disease, The respondent, C.D.			   , claims to be entitled to contribution from you in respect of the compensation claimed from him or her, on the ground that the disease mentioned in the applicant’s particulars was of such a nature as to be contracted by a gradual process, and that the said A.B.			           was employed by you during the twelve months previous to the date of disablement or suspension in the employment to the nature of which the disease was due.)
And take notice, that if you wish to dispute the applicant’s claim as against the respondent C.D.			, or your liability to the said respondent, you must appear before the Court at the time and place mentioned in the notice, a copy of which is hereunto annexed.
In default of your so appearing, you will be deemed to admit the validity of any award made in the said arbitration as to any matter which the Court has jurisdiction to decide in such arbitration as between the applicant and the respondent, C.D.			 , whether such award is made by consent or otherwise, and your own liability to indemnify the said C.D.,			(or to contribute as above mentioned).
Dated this			day of			, 19    .
							(Signed)	   C.D.
					(Or,
					Solicitor or Agent for the Respondent, C.D.)

	FORM 17	Rule 32
AWARD
[NOTE—These forms are intended for use in ordinary cases only.  The award in any special case must be settled under Rule 32, in accordance with the directions given by the Court.]
(i)  IN CASE OF APPLICATION BY WORKER
[Heading as in Request for Arbitration.]
Having duly considered the matters submitted, the Court hereby orders and awards as follows:
[Here insert any introductory recitals of findings on which the award is made which the Court may direct.]
1. That the respondent, C.D.			            , do pay to the applicant, A.B.,			, the weekly sum of			    as compensation for personal injury to the said A.B.				         arising out of and in the course of his or her employment as a worker employed by the said respondent, such weekly payment to commence as from the			    day of			    , and to continue during the total or partial incapacity of the said A.B.			 for work, or until the same shall be ended, diminished, increased, or redeemed in accordance with the provisions of the above-mentioned Act.
2.  That the said C.D.			do forthwith pay to the said A.B.			the sum of			    being the amount of such weekly payments calculated from the			day of			 until the			day of			        [first Friday or other usual pay day after date of award] and do thereafter pay the said sum of			      to the said A.B.			on Friday [or other usual pay day] in every week.
3.  That the said C.D.			do pay to the Registrar of this Court, for the use of the applicant, the sum of			being his or her costs of and incident to this arbitration, such costs to be taxed by the Registrar in the prescribed manner and to be paid by the said C.D.			to the Registrar within		          days from [or forthwith after] the date of such taxation.
Dated this			day of			, 19    .
								         J.S.
								  Magistrate.
(ii)  IN CASE OF APPLICATION BY DEPENDANTS
[Heading as in Request for Arbitration.]
Having duly considered the matter submitted, the Court hereby orders and awards as follows:
[Here insert any introductory recitals of findings on which the award is made which the Court may direct.]
1.  That the respondent, C.D.			, do pay the sum of	               to the dependants of A.B.			, late of		 , deceased, as compensation for the injury resulting to such dependants from the death of the said A.B.		                 , which took place on the			    day of			          from injury to the said A.B.			 arising out of and in the course of his or her employment as a worker employed by the said respondent.
2.  That the persons hereinafter named are entitled to share in such compensation as dependants of the said A.B.			, that is to say			         J.B.		, the widow of the said A.B.			   , and [name the other persons.]
3.  [Add, if so found.] That the respondent, G.H.,			the			of the said A.B.			     , is not entitled to share in such compensation as a dependant of the said A.B.
4.  That the said sum of			  be apportioned between the said J.B.			and [name the other persons] in the proportions following, that is to say:
The sum of			to or for the benefit of the said J.B.		           , and the sum of			to or for the benefit of the said [specify the persons entitled and the sums apportioned to them.]
5.  That the said C.D.		                   do pay the said sum of	                         to the Registrar of this Court within	           days from [or forthwith after] the date of this award.
6.  That on payment to the Registrar of the said sum of			            the Registrar do forthwith pay to the said J.B.			the sum of		 hereby apportioned to her, [or the sum of 			out of the sum of		      hereby apportioned to her], and that the balance of the last-mentioned sum (less any Court fees payable by her be invested by the Registrar in his or her name in the Commonwealth Savings Bank of Australia for the benefit of the said J.B.,			and that out of the sum so invested and the accruing interest thereof the Registrar do from time to time until further order pay to the said J.B.			the weekly sum of		           , the first payment to be made on the			day of			       , and thereafter every fortnight [or every four weeks, or as the case may be].
7.  That on payment to the Registrar of the said sum of			  the sums of			and			            hereby apportioned to or for the benefit of the said			       respectively (less any Court fees payable by them) be invested by the Registrar in his or her name in the said Savings Bank for the benefit of the said			         and			             respectively, and that interest arising from such investments be from time to time until further order paid to the said J.B.,		               to be by her applied for the maintenance, education, or benefit of the said		            and			respectively.
8.  That the said J.B.			and the said			 or any of them be at liberty to apply to the Court from time to time as they may be advised for any further or other order as to the application of any of the said sums so ordered to be invested and the accruing interest thereof.

9.  That the said C.D.			do pay to the Registrar of this Court, for the use of the applicants, the sum of			      being their costs of and incident to this arbitration, such costs to be taxed by the Registrar in the prescribed manner and to be paid by the said C.D.			to the Registrar within 			days from [or forthwith after] the date of such taxation.
[Add directions (if any given) as to costs occasioned by claim of person claiming as a dependant whose claim is disallowed.]
Dated this			day of			, 19    .
								         J.S.
								  Magistrate.
(iii)  IN CASE OF APPLICATION BY PERSON TO WHOM EXPENSES OF MEDICAL TREATMENT OR BURIAL ARE DUE
[Heading as in Request for Arbitration.]
Having duly considered the matters submitted, the Court hereby orders and awards as follows:
[Here insert any introductory recitals of findings on which the award is made which the Court may direct.]
1.  That the respondent, C.D.,			do pay the sum of			 for or towards the expenses of medical treatment on and the burial of A.B.,		            late of			, deceased, who died on the			day of	          from injury arising out of and in the course of the employment of the said A.B.	               as a worker employed by the said C.D.
2.  That the persons hereinafter named are entitled to share in such compensation, that is to say:
The applicant, E.F.,		    in respect of charges amounting to		            due to (or payable by) him or her for medical treatment on the said A.B.,		             and the respondent, G.H.,				      in respect of charges amounting to			due to him or her for the burial of the said A.B.
3.  That the respondent, C.D.,			do pay the said sum of		               to the Registrar of this Court within			   days from the date of this award, and that the said sum of		be apportioned between and paid to the said E.F. and G.H. in proportion to the amounts due to them respectively as aforesaid.
4.  That the said C.D.			do pay to the Registrar of this Court for the use of the applicant, E.F., and the respondent, G.H., the sum of		               being their respective costs of and incident to this arbitration; such costs to be taxed by the Registrar in the prescribed manner and to be paid by the said C.D.				     within			days from (or forthwith after) the date of such taxation.
Dated this			day of			, 19    .
								         J.S.
								  Magistrate.
[NOTE—The above forms will serve as guides for framing awards in other cases.]

	FORM 18	Rule 32
NOTICE TO PARTY OF DAY ON WHICH AWARD WILL BE SETTLED
[Heading as in Request for Arbitration.]
TAKE NOTICE that the form of Award herein will be settled at the Office of the Registrar of the Magistrates Court, Canberra		     on		          the		 day of			19	, at	      
Dated this			day of			, 19    .
						      Registrar of the Magistrates Court.
To the				and to

	FORM 19	Rule 32
APPLICATION FOR CERTIFICATE OF AWARD
[Heading as in Request for Arbitration.]
Application is hereby made by A.B.		for a certificate of the Registrar of the Magistrates Court to the effect that an award or order of the said Court for payment of the sum of	was entered up or made in favour of the applicant against the respondent on the		day of	19	.
Dated this	day of	, 19	.
(Signed)
	Applicant.
	(Or Applicant’s Solicitor,
	Or, Agent.)

	FORM 20	Rule 32
WORKERS’ COMPENSATION ACT 1951
Certificate of Award
Title and date of commence-ment	Form or nature of proceedings	Name and address of person in whose favour award or order has been entered up or made	Name and address of debtor	Date of 
award or 
order	Abstract of award or order	
						
I certify that this Certificate correctly and fully sets forth the particulars of an award or order of the Magistrates Court, Canberra, entered up or made on the
day of	, 19	.
Dated this	day of	, 19    .
	Registrar of the Magistrates Court.

	FORM 21	Rule 33
APPLICATION FOR ADDITION OF EMPLOYER AS RESPONDENT UNDER SECTION 9 OF THE ACT
[Heading as in Request for Arbitration.]
TAKE NOTICE—
That the respondent, C.D.,			alleges that the disease mentioned in the applicant’s particulars filed in this matter was in fact contracted while the applicant [or the deceased workman] was in the employment of			, of		             and not whilst in the employment of the said C.D. [or as the case may be.]
And the said C.D.			               hereby applies for an order that the said			be joined as respondent in the above arbitration, and if necessary for an adjournment of the hearing of the arbitration.
Dated this			day of			, 19    .
						              (Signed)		         C.D.
				           [Or, Solicitor (or, Agent) for the Respondent, C.D.]
To the Registrar of the Magistrates Court.

	FORM 22	Rule 33
ORDER ADDING RESPONDENTS
[Heading as in Request for Arbitration.]
			, the			day of			, 19    .
It is this day ordered on the application of the respondent, C.D.,		           that			, of			          , be added as respondent to this arbitration [and that the hearing of this arbitration be adjourned to the		             day of			at			o’clock in the		      noon].
						      Registrar of the Magistrates Court.

	FORM 23	Rule 33
NOTICE TO APPLICANT AND ORIGINAL RESPONDENT OF ADDITION OF RESPONDENT
[Heading as in Request for Arbitration.]
TAKE NOTICE—
That by order dated the			day of			       it was ordered on the application of the respondent, C.D.,			  (a copy whereof is hereto annexed), that			of		            be added as respondent to this arbitration [and that the hearing of this arbitration be adjourned to the		 day of			at			o’clock in the		      noon].
Dated this			day of			, 19    .
						      Registrar of the Magistrates Court.
To the Applicant
           and
The Respondent, C.D.

	FORM 24	Rule 33
NOTICE TO PARTIES WHO ARE ADDED AS RESPONDENTS
[Heading as in Request for Arbitration.]
To			, of [address and description].
TAKE NOTICE—
That by an order of this Court, dated the			day of		               , a copy of which order is hereunto annexed, together with a copy of the request and particulars filed by the applicant in this matter, and a copy of the application on which the said order was made, you were ordered to be added as a respondent in the above arbitration.
And further take notice, that the hearing of the above arbitration has been appointed for			the			day of			               at 			o’clock in the			noon, and that if you do not attend, either in person or by your solicitor (or, agent), at the			              at			upon the day and at the hour above mentioned such order will be made and proceedings taken as the Court may think just and expedient.
And further take notice, that if you wish to disclaim any interest in the subject-matter of the arbitration, or consider that the applicant’s particulars are in any respect inaccurate or incomplete, or desire to bring any fact or document to the notice of the Court, or intend to rely on any fact, or to deny (wholly or partially) your liability to pay compensation under the Act, you must file with me an answer, stating your name and address and the name and address of your solicitor (or, agent) (if any), and stating that you disclaim any interest in the subject-matter of the arbitration, or stating in what respect the applicant’s particulars are inaccurate or incomplete, or stating concisely any fact or document which you desire to bring to the notice of the Court, or on which you intend to rely, or the grounds on and extent to which you deny liability to pay compensation.
Such answer, together with a copy thereof for the Court, and a copy for the applicant and for each of the other respondents, must be filed with me seven (7) clear days at least before the			day of			.
If no answer is filed, and subject to such answer, if any, the applicant’s particulars and your liability to pay compensation will be taken to be admitted.
Dated this			day of			, 19    .
						      Registrar of the Magistrates Court.

	FORM 25	Rule 34
APPLICATION FOR APPOINTMENT OF NEW ARBITRATOR
[Heading as in Request for Arbitration.]
A.B.									of [address]			[description]		               Applicant,					        and
C.D.									of [address]			[description]		            Respondent.
Application is hereby made to the Court on behalf of the above-named	               to appoint a new arbitrator in the above-mentioned matter in the place of Ms/Mr.	                 , the arbitrator appointed therein, by reason of the death [or refusal] [or inability to act] of the said Ms/Mr.
And the applicant hereby requests that a time and place may be fixed for the hearing of the application.
Dated this			day of			, 19    .
						(Signed)	                Applicant.
						   [Or, Applicant’s Solicitor or Agent.]

	FORM 26	Rule 34
SUMMONS ON APPLICATION FOR APPOINTMENT OF NEW ARBITRATOR
[Title as in Application.]
You are hereby summoned to attend before the Magistrates Court, Canberra, on			the			day of			          at the hour of			in the			                      noon, on the hearing of an application on the part of			           for the appointment by the Court of a new arbitrator in the above-mentioned matter in the place of Ms/Mr.			          , the arbitrator appointed therein, by reason of the death [or refusal] [or inability to act] of the said Ms/Mr.
And take notice, that in default of your attendance at the time and place above-mentioned, the Court will, on proof of the service of this summons, proceed to hear and dispose of the said application.
Dated this			day of			, 19    .
To					                   Registrar of the Magistrates Court. and to his or her Solicitor or Agent.

	FORM 27	Rule 35
FORM OF MEMORANDUM UNDER CLAUSE 9 OF SCHEDULE 4 TO THE ACT
(i)  In case of Injury to Worker by Accident.
To the Registrar of the Magistrates Court, Canberra.
In the matter of the Workers’ Compensation Act 1951,
and
In the matter of an arbitration between [name]					of [address]			[description]		          Applicant,	and [name]								of [address]			[description]		          Respondents.
[Or, where the matter has been decided by agreement without arbitration.]
In the matter of an Agreement between [name]					of [address]			[description]				and [name]								of [address]			[description]
Be it remembered, that on the			day of			19    , personal injury was sustained by the above-named			, a worker under no legal disability, [or an infant of the age of			years,] being injury arising out of and in the course of his or her employment.
And that on the			day of			             19          , the following agreement was come to by and between the said			and the said			, that is to say: [or And that on the			      day of		      19          , the following decision was given by a committee representative of the said			     and their workers, having power to settle matters under the above-mentioned Act in the case of the said			  and their workers, that is to say:]			[or And that on the		                        day of			      19    , the following award was made and given by me, the undersigned		, being an arbitrator agreed on by the said		             and the said			, that is to say:]
[Here set out a copy of agreement, decision, or award.]
[If a medical referee has been appointed to report, add—
A copy of the report of			, a medical referee appointed to report in the above-mentioned matter, is hereunto annexed.]
[Add, if so, The said			attended the arbitration on the			day of			19    .]
You are hereby requested to record this memorandum, pursuant to clause 9 of Schedule 4 to the above-mentioned Act.
Dated this			day of			, 19    .
[To be signed in accordance with Rule 36 (1), (2).]
[NOTE—This form to be adapted to the circumstances of the case and the matter decided.]
(ii)  In the case of Injury to Workers by Industrial Disease.
To the Registrar of the Magistrates Court.
In the matter of the Workers’ Compensation Act 1951,
and
In the matter of an Arbitration between [name]
	of [address]	[description]	Applicant,
	and [name]
	of [address]	[description]	Respondents.
[Or, where the matter has been decided by agreement without arbitration],
In the matter of an Agreement between [name]					of [address]			[description]				and [name]								of [address]			[description]
Be it remembered that on the	day of	  ,	          , a medical referee, appointed for the purposes of the Workers’ Compensation Act 1951, certified that A.B.,	of	, a 
worker under no legal disability [or an infant of the age of		years], was suffering from	, a disease coming within section 9 of the Workers’ Compensation Act 1951, and was thereby disabled from earning full wages at the work at which he or she was employed.
[or That on the		day of		, A.B.		of		, a worker under no legal disability [or an infant of the age of                            years] was, in pursuance of [or regulations made under] the [give the short title of the Act in question] suspended from his or her usual employment on account of his or her having contracted		                 , a disease coming within section 9 of the Workers’ Compensation Act 1951.
And that the said A.B.			alleged that the above-mentioned disease was due to the nature of his or her employment in				                   [describe employment],			 of			, and that he or she was last employed in such employment within the twelve months previous to the date of disablement or suspension by C.D.,			of			.
And that on the			day of			           , 19         , the following agreement was come to by and between the said			  and the said			, that is to say:
[or And that on the			day of			            , 19        , the following decision was given by a committee representative of the said		             and their workers, having power to settle matters under the above-mentioned Act in the case of the said			and their workers, that is to say:]
[or And that on the			day of			             , 19       , the following award was made and given by me, the undersigned			     , being an arbitrator agreed on by the said			and the said		         , that is to say:]
[Here set out copy of agreement, decision, or award.]
If a medical referee has been appointed to report, add—
A copy of the report of E.F.,			, a medical referee appointed to report in the above-mentioned matter, is hereunto annexed.
[Add, if so, The said E.F.			attended the arbitration on the	             day of			, 19    .
You are hereby requested to record this memorandum, pursuant to clause 9 of Schedule 4 to the above-mentioned Act.
Dated this			day of			, 19    .
[To be signed in accordance with Rule 36 (1), (2).]
[NOTE—This form to be adapted to the circumstances of the case and the matter decided.]
(iii)  Where Death resulted from the Injury.
To the Registrar of the Magistrates Court, Canberra.
In the matter of the Workers’ Compensation Act 1951,
and
In the matter of an Arbitration between [name]					of [address]			[description]		          Applicant,	and [name]								of [address]			[description]		          Respondents.
[Or, where the matter has been decided by agreement without arbitration],
In the matter of an Agreement between [name]					of [address]			[description]				and [name]								of [address]			[description]
Be it remembered, that on the			day of			, 19         , personal injury was sustained by			late of			   , deceased, being injury arising out of and in the course of his or her employment, and that on the			day of			19    , the said			   died as the result of such injury.
And that on the			day of			      , 19    , the following agreement was come to by and between			, the dependants of the said			          within the meaning of the above-mentioned Act, and the said			, that is to say:
[or And that on the			day of			       , 19    , the following decision was given by a committee representative of the said		             and their workers, having power to settle matters under the above-mentioned Act in the case of the said			and their workers that is to say:]
[or And that on the			day of		   , 19    , the following award was made and given by me, the undersigned			    , being an arbitrator agreed on by			the dependants of the said		              , within the meaning of the above-mentioned Act, and the said			    , that is to say:]
[Here set out copy of agreement, decision, or award.]
If a medical referee has been appointed to report, add—
A copy of the report of E.F.			, a medical referee appointed to report in the above-mentioned matter, is hereunto annexed.
[Add, if so, The said E.F.			attended the arbitration on the			day of			, 19    .
You are hereby requested to record this memorandum, pursuant to clause 9 of Schedule 4 to the above-mentioned Act.
Dated this			day of			, 19    .
[To be signed in accordance with Rule 36 (1), (2).]
[NOTE—This form to be adapted to the circumstances of the case and the matter decided.]
(iv)  Where Death resulted from Industrial Disease.
To the Registrar of the Magistrates Court, Canberra.
In the matter of the Workers’ Compensation Act 1951,
and
In the matter of an Arbitration between [name]					of [address]			[description]		          Applicant,	and [name]								of [address]			[description]		          Respondents.
[Or, where the matter has been decided by agreement without arbitration],
In the matter of an Agreement between						of												and						of
Be it remembered, That on the			day of			                ,			             , a medical referee appointed for the purpose of the Workers’ Compensation Act 1951 certified that A.B.			of		  was suffering from			, a disease coming within section 9 of the said Act, and was thereby disabled from earning full wages at the work at which he or she was employed; and on the			day of			the said A.B.		          died, his or her death being caused by the said disease;
[Or, That on the			day of			A.B.			of			was, in pursuance of [or regulation made under] the [give short title of the Act in question], suspended from his or her usual employment on account of his or her having contracted			     , a disease coming within section 9 of the Workers’ Compensation Act 1946, and on the			      day of			said A.B.			died, his or her death being caused by the said disease:]
[Or, That on the			day of			A.B.			late of				 died, his or her death being caused by			, a disease coming within section 9 of the Workers’ Compensation Act 1951:
And that the dependants of the said A.B.			        alleged that the above-mentioned disease was due to the nature of the employment of the said A.B.		              in			[describe employment] and that he or she was last employed in such employment within twelve months previous to his or her disablement or suspension [or, if the worker died without having obtained a certificate of disablement, or was at the time of his or her death in receipt of a weekly payment on account of disablement, within twelve months previous to his or her death] by C.D.			of		              .]
And that on the			day of			             , 19      , the following agreement was come to by and between			, the dependants of			the said 			, within the meaning of the above-mentioned Act, and the said			,			 that is to say:		              [or And that on the			    day of		    , 19     , the following decision was given by a committee representative of the said		             and their workers, having power to settle matters under the above-mentioned Act in the case of the said			and their workers, that is to say:]
[or And that on the				day of			  , 19       , the following award was made and given by me, the undersigned, being an arbitrator agreed on by				, the dependants of the said		                     , within the meaning of the above-mentioned Act, and the said			                 , that is to say.]
[Here set out copy of agreement, decision, or award.]

[If a medical referee has been appointed to report, add—
A copy of the report of E.F.			, a medical referee appointed to report in the above-mentioned matter, is hereunto annexed.]
[Add, if so, The said E.F.			attended the arbitration on the			day of			, 19    .]
You are hereby requested to record this memorandum, pursuant to clause 9 of Schedule 4 to the above-mentioned Act.
Dated this			day of			,19	.
[To be signed in accordance with Rule 36 (1), (2).]
[NOTE—This form to be adapted to the circumstances of the case and the matter decided.]

	FORM 28
INFORMATION TO BE SUPPLIED WHERE A MEMORANDUM OF AGREEMENT MADE BEFORE ASCERTAINMENT OF COMPENSATION FOR PAYMENT OF A LUMP SUM BY WAY OF COMPROMISE AND SATISFACTION, OR AN AGREEMENT AS TO THE REDEMPTION OF A WEEKLY PAYMENT BY A LUMP SUM, OR AS TO THE AMOUNT OF COMPENSATION PAYABLE TO A PERSON UNDER ANY LEGAL DISABILITY, OR TO DEPENDANTS, IS PRESENTED FOR REGISTRATION
A.  In case of agreement with injured workman.
[Heading as in Memorandum.]
(a)  A.B.			named in the memorandum of agreement presented for registration in this matter was at the date of the injury [or disablement or suspension]			years of age.
(b)  He or she was employed as			       , and his or her average weekly earnings computed in accordance with the above-mentioned Act were		                 .
(c)  He or she was injured by			, and the nature of his or her injury was as follows:
(d)  He or she was totally incapacitated for work for a period of		          , but recovered and was fit to resume his or her ordinary work on the			      day of			, 19    :
[or He or she was and is at present totally incapacitated for work, but is expected to recover and to be fit to resume his or her ordinary work in about 		]:
[or He or she was totally incapacitated for work for a period of		          , and is now partially incapacitated, but such partial incapacity is not likely to be permanent, and he or she is expected to recover and to be fit to resume his or her ordinary work in about 		]:
[or He or she was and is totally incapacitated for work, and such incapacity is likely to be permanent]:
[or He or she was totally incapacitated for work for a period of		           , and is still partially incapacitated, and such partial incapacity is likely to be permanent, but he or she is able to do light work, and it is estimated that he or she is able to earn an average weekly amount of			in some suitable employment or business]:
[or as the case may be].
(e)  The said			received the following payments, allowances, or benefits from his or her employers previous to the date of the agreement, viz.—
[Here state payments made, and where a weekly payment has been made, the amount of such payment, and the period for which it was paid.]
[To be signed in accordance with Rule 36 (2).]
Dated this			day of			, 19    .
B.  Where death resulted from the injury or industrial disease.
[Heading as in Memorandum.]
(a)  A.B.			        named in the memorandum of agreement presented for registration in the matter, was at the date of the injury [or disablement or suspension or death]			years of age.
(b)  He or she was employed as			     , and his or her earnings in the employment of			during the three years next preceding the injury in the said memorandum mentioned [or his or her average weekly earnings during the period of his or her employment under			] were				.
(c)  He or she left the following dependants wholly dependent upon his or her earnings, and the following dependants partially dependent, viz.—
[Here state dependants, with their relationship to the deceased, and particulars showing how and to what extent they were dependent.]
[Or He or she left no dependants wholly dependent upon his or her earnings, but left the following dependants partially dependent, viz.—
[Here state dependants, with their relationship to the deceased, and particulars showing how and to what extent they were dependent.]
(d)  The said			received the following payments, allowances, or benefits from his or her employers after the injury [or disablement or suspension] viz.—
[To be signed in accordance with Rule 36 (2).]
Dated this			day of			, 19    .

	FORM 29	Rule 37
NOTICE OF MEMORANDUM HAVING BEEN RECEIVED
[Heading as in Memorandum.]
TAKE NOTICE, that a memorandum, copy of which is hereto annexed, has been sent to me for registration.
Such memorandum appears to affect you.
I have therefore to request you to inform me within seven days from this date whether you admit the genuineness of the memorandum or whether you dispute its genuineness, and if so, on what grounds.
If you do not inform me in due course that you dispute the genuineness of the memorandum it may be recorded without further inquiry, and will be enforceable accordingly.
If you dispute its genuineness, it will not be recorded, except with your consent in writing, or by order of this Court.
Dated this			day of			, 19    .
To [all parties interested.]
						      Registrar of the Magistrates Court.

	FORM 30	Rule 39
NOTICE DISPUTING GENUINENESS OF MEMORANDUM, OR NOTICE BY EMPLOYER OBJECTING TO MEMORANDUM BEING RECORDED
[Heading as in Memorandum.]
(1)  Notice disputing Genuineness of Memorandum.
TAKE NOTICE that			[state name of party disputing], a party [or parties] interested, disputes [or dispute] the genuineness of the memorandum sent to you for registration in the above-mentioned matter on the following grounds:
[here state the grounds, as e.g.]
	(a)	That no such agreement has in fact been entered into; or
	(b)	That the terms of the agreement are not correctly stated in the memorandum of agreement; or
	(c)	That the agreement is no longer subsisting or enforceable; or
	(d)	That the agreement is not enforceable by reason of its having been entered into under a mutual mistake [or having been obtained by fraud] [or undue influence] [or improper means].
Dated this			day of			, 19    .
[To be signed by the party disputing or his or her solicitor (or agent), or in case of employers by their duly authorized official, employee, or agent.]
To the Registrar of the Magistrates Court, Canberra.
(2)  Notice by Employer objecting to Memorandum being recorded.
TAKE NOTICE that 			[state name of employer] objects [or object] to the memorandum sent to you for registration in the above-mentioned matter being recorded on the ground that the above-mentioned			[worker] has in fact returned to work and is earning the same wages as he or she did before the injury.
Dated this			day of			.
[To be signed by the employer or his or her solicitor (or agent) or duly authorized official, employee, or agent.]
To the Registrar of the Magistrates Court, Canberra.

	FORM 31	Rule 40
NOTICE THAT GENUINENESS OF MEMORANDUM IS DISPUTED, OR OF OBJECTION BY EMPLOYER TO MEMORANDUM BEING RECORDED
[Heading as in Memorandum.]
TAKE NOTICE, that			of			              , a party [or parties] interested in the memorandum left with [or sent to] me for registration in the above-mentioned matter, has [or have] filed with me a notice, copy of which is sent herewith, that he or she disputes [or they dispute] the genuineness of the said memorandum on the grounds stated in the said notice.
[or TAKE NOTICE, that 			of			           [the employer] has [or have] filed with me a notice, copy of which is sent herewith, that he or she objects [or they object] to the memorandum left with [or sent to] me for registration in the above-mentioned matter being recorded on the grounds stated in the said notice.]
The memorandum will therefore not be recorded, except with the consent in writing of the said			, or by order of this Court.
Dated this			day of			, 19    .
To [all parties interested.]
						      Registrar of the Magistrates Court.

	FORM 32	Rule 43
NOTICE OF APPLICATION FOR REGISTRATION OF MEMORANDUM OR FOR RECTIFICATION OF REGISTER
[Heading as in Memorandum.]
TAKE NOTICE, that I intend to apply to the Magistrates Court, Canberra, on	            the			day of			, at the hour of		     o’clock in the		noon [in case of notice by solicitor or agent, on behalf of			      of				                 ] for an order for the registration of the memorandum sent to the Registrar in the above-mentioned matter [or for an order for the rectification of the memorandum recorded in the above-mentioned matter] by [state particulars of rectification applied for]			            , and for consequential directions, and for costs.
Dated this			day of			, 19    .
								               Applicant.						    [Or Applicant’s Solicitor or Agent.]
To the Registrar of the Magistrates Court
and to [all parties interested.]			            (his or her [or their] Solicitors).

	FORM 33	Subrule 44 (2)
REQUEST FOR INFORMATION UNDER RULE 44, SUB-RULE (2)
[Heading as in Memorandum.]
With reference to the memorandum of agreement in the above-mentioned matter which has been sent to me for registration, I have to request you to inform me, by letter or by personal interview at my office situate at			   Canberra, of any facts relating to the agreement and the circumstances in which it was arrived at which you may desire to bring to my notice, and which may assist me in deciding whether the agreement may properly be recorded.
Dated this			day of			, 19    .
						      Registrar of the Magistrates Court.
To [all parties interested.]

	FORM 34	Subrule 44 (5)
NOTICE TO PARTIES WHERE REGISTRAR REFERS THE QUESTION OF RECORDING A MEMORANDUM OF AN AGREEMENT TO THE COURT UNDER PROVISO (d) TO CLAUSE 9 OF SCHEDULE 4 TO THE ACT
[Heading as in Memorandum.]
TAKE NOTICE, that I have refused to record the memorandum sent to me in this matter for registration, and have referred the matter to the Court, pursuant to proviso (d) to clause 9 of Schedule 4 to the Act, it appearing to me that the said memorandum ought not to be registered by reason of—
	(a)	the inadequacy of the lump sum agreed to be paid by way of compromise in satisfaction of all claims [or in redemption of the weekly payment referred to in the memorandum]; or
	(b)	the inadequacy of the amount of compensation agreed to be paid to			, a person under legal disability; or
	(c)	the inadequacy of the amount of compensation agreed to be paid to			, and			, dependants; or
	(d)	the agreement having been obtained by fraud [or undue influence or improper means].
AND FURTHER TAKE NOTICE, that by order of the Court, you are hereby summoned to attend before the Magistrates Court to be holden at Canberra on			            the			day of			at the hour of		              in the		noon, when the matter will be inquired into by the Court.
And that if you do not attend either in person or by your solicitor or agent on the day and at the hour above-mentioned such order will be made and proceedings taken as the Court may think just and expedient.
Dated this			day of			, 19    .
						      Registrar of the Magistrates Court.
To [all parties interested.]

	FORM 35	Subrule 45 (1)
APPLICATION FOR REMOVAL OF RECORD OF MEMORANDUM OF AGREEMENT FROM REGISTER UNDER PROVISO (e) TO CLAUSE 9 OF SCHEDULE 4 TO THE ACT
[Heading as in Memorandum.]
TAKE NOTICE, that I intend to apply to the Magistrates Court at Canberra on			the			day of			                at the hour of			in the			noon, for an order for the removal from the register of the record of the memorandum of the agreement in the above-mentioned matter which was recorded on the			day of			, pursuant to proviso (e) to clause 9 of Schedule 4 to the Act, on the ground that the said agreement was obtained by fraud [or undue influence or improper means],		                       and for consequential directions, and for costs.
Dated this			day of			, 19    .
								               Applicant.						    [Or Applicant’s Solicitor or Agent.]
To the Registrar of the Magistrates Court					             and to [all parties interested.]

	FORM 36	Subrule 45 (2)
NOTICE TO PARTIES WHERE THE COURT DIRECTS INQUIRY AS TO REMOVAL OF RECORD OF MEMORANDUM OF AGREEMENT FROM REGISTER UNDER PROVISO (e) TO CLAUSE 9 OF SCHEDULE 4 TO THE ACT
[Heading as in Memorandum.]
WHEREAS it has been made to appear to the Court that an inquiry should be held as to the removal from the register of the record of the memorandum of the agreement in the above-mentioned matter which was recorded on the			day of		    pursuant to proviso (e) to clause 9 of Schedule 4 to the Act, on the ground that the said agreement was obtained by fraud (or undue influence or improper means]:
TAKE NOTICE, that you are hereby summoned to attend before the Magistrates Court to be holden at Canberra on			the			day of	                at the hour of			in the			   noon, when the matter will be inquired into by the Court;
And that if you do not attend either in person or by your solicitor or agent on the day and at the hour above-mentioned such order will be made and proceedings taken as the Court may think just and expedient.
Dated this			day of			, 19    .
						      Registrar of the Magistrates Court.
To [all parties concerned.]

	FORM 37	Rule 47
NOTICE OF APPLICATION FOR SUSPENSION OF RIGHT TO COMPENSATION OR TO TAKE OR PROSECUTE PROCEEDINGS IN RELATION TO COMPENSATION, OR OF RIGHT TO WEEKLY PAYMENTS, UNDER CLAUSE 5, 10 OR 11 OF SCHEDULE 1 TO THE ACT AND RULE 47
In the matter of a claim for compensation made by A.B.			             of			against C.D.			, of		            [or, where an arbitration is pending,
In the matter of an arbitration between
A.B.									of [address]			[description]		               Applicant.					        and
C.D.									of [address]			[description]		            Respondent.
[or, where application is made after weekly payment has been settled,
In the matter of an agreement [or a decision or an award] recorded in the above-mentioned Court as to the weekly payment payable to A.B.			of			by C.D.			, of			.]
TAKE NOTICE, that I intend to apply to the Magistrates Court at Canberra on			the			day of			          at the hour of		in the		noon, [on behalf of C.D., of etc.		   ,] for an order suspending your right to compensation in the above-mentioned matter and to take or prosecute any proceeding under the above-mentioned Act in relation to compensation [or suspending your right to weekly payments in the above-mentioned matter], on the ground that you refuse to submit yourself to medical examination as required by me [or by the said C.D.], in accordance with clause 5 [or clause 10] of Schedule 1 to the Act [or that you obstruct the medical examination required by me [or by the said C.D.], in accordance with clause 5 [or clause 10] of Schedule 1 to the Act [or on the ground that you refuse to submit yourself for examination by a medical referee as required under clause 11 of Schedule 1 to the Act, or that you obstruct the medical referee to whom a matter has been referred under clause 11 of Schedule 1 to the Act], and for consequential directions, and for costs.
Dated this			day of			, 19    .
							  (Signed)	        C.D.,
							       [Or
							  Solicitor or Agent for C.D.]
To A.B., of								             and to									             his or her solicitor or agent.

	FORM 38	Rule 49 (3)
PRÆCIPE FOR PAYMENT INTO COURT UNDER CLAUSE 6 OF SCHEDULE 1 TO THE ACT AND RULE 49
In the matter of an arbitration between
A.B.								              of, &c.,						               Applicant.			              and
C.D.,							           Respondent.               of, &c.,
				          or
[In the matter of an Agreement between
A.B.,								              of, &c.,		              and
C.D.,								              of, &c.,
				 [or as the case may be.]
TAKE NOTICE, that C.D.		    , of		           [or		 solicitor or agent for C.D.			   , of			    ] pays into Court 		      [when paid by solicitor or agent, add at the request and by the authority of the said C.D.		           ], the sum of [state the sum in letters]		                 , being the sum awarded [or agreed] to be paid by the said C.D.		  , as compensation in the above-mentioned matter.
Dated this			day of			, 19    .
							  (Signed)	        C.D.,
							   [Or
							  Solicitor or Agent for C.D.]
To the Registrar of the Magistrates Court.
NOTE—A receipt for the money paid in with this præcipe is to be given on the usual form used by the Registrar, with the following additions:—“being the sum awarded [or agreed] to be paid by C.D. in the matter of an arbitration [or an agreement] between A.B. and C.D.”

	FORM 39	Rule 49
NOTICE BY THE REGISTRAR OF PAYMENT INTO COURT UNDER RULE 49
(Heading as in Præcipe for Payment into Court.)
TAKE NOTICE, that the sum of			                     has been paid into Court as compensation in the above-mentioned matter.
Any person interested in the said sum may apply to the Court for an order for the investment and application of the said sum for the benefit of the persons entitled thereto in accordance with the Act, and the Rules made under the said Act.
Dated this			day of			, 19    .
To
						      Registrar of the Magistrates Court.

	FORM 40	Rules 49, 50, 51 (3)
APPLICATION FOR INVESTMENT AND APPLICATION OF SUM PAID INTO COURT UNDER CLAUSE 6 OF SCHEDULE 1 TO THE ACT
(Heading as in Præcipe for Payment into Court.)
TAKE NOTICE, that I (name and address of applicant) intend to apply to the Magistrates Court at Canberra on		the		day of		        , at the hour of		in the		noon, on behalf of myself and of		    (specify the persons on whose behalf the application is made), as dependants of the above-named A.B., for an order for the investment and application of the sum paid into Court in the above-mentioned matter, and for the allotment of the same between the dependants of the said A.B.
To the best of my knowledge and belief the persons interested in the said sum as dependants of the said A.B. are—
[State dependants, with their ages and relationship to deceased worker, and places of residence.]
I intend to apply for an order for the investment and application of the said sum, and for the allotment of the same between the dependants of the said A.B. as follows, viz.—
[State how applicant wishes the sum to be dealt with.]
or in such other manner as the Court in its discretion thinks fit for the benefit of the persons entitled thereto under the above-mentioned Act, and for consequential directions.
Dated this			day of			, 19    .
							  (Signed)
To the Registrar of the Magistrates Court and [to any other parties interested, where the application is made on behalf of some only of the parties interested.]

	FORM 41	Rules 49, 50, 51 (3)
APPLICATION FOR INVESTMENT AND APPLICATION OF THE AMOUNT ALLOTTED TO ANY PERSON
(Heading as in Præcipe for Payment into Court.)
TAKE NOTICE, that I [name and address of applicant] intend to apply to the Magistrates Court at Canberra on		the		day of		      , at the hour of	               in the		noon, on behalf of myself [or of		                 ] for an order for the investment and application of the sum paid into Court in the above-mentioned matter and allotted to me [or to the said			].
I intend to apply for an order for the investment and application of the said sum as follows, viz.—
[State how applicant wishes the sum to be dealt with.]
or in such other manner as the Court in its discretion thinks fit for my benefit [or for the benefit of the said 			], and for consequential directions.
Dated this			day of			, 19    .
							  (Signed)
To the Registrar of the Magistrates Court.

	FORM 42	Rule 50
PRÆCIPE FOR PAYMENT INTO COURT UNDER CLAUSE 6 OF SCHEDULE 1 TO THE ACT, AND RULE 50, WHERE THERE IS NO DISPUTE AS TO THE LIABILITY TO PAY COMPENSATION, BUT THE AMOUNT PAYABLE HAS NOT BEEN ASCERTAINED OR DECIDED BY A COMMITTEE OR BY ARBITRATION OR AGREEMENT
In the matter of an injury to A.B.			, late of		        which resulted in the death of the said A.B.
TAKE NOTICE—
1.  That on the		day of		    personal injury arising out of and in the course of his or her employment was caused at 		     [state address where injury was sustained] to A.B.			, late of		                    deceased, a worker employed by		, [or by		, a contractor with		             for the execution of work undertaken by them], and on the			day of		 the death of the said A.B. resulted from the injury.
[Or in the case of industrial disease.
TAKE NOTICE—
1.  That on the		day of			E.F.		              , a medical referee certified that A.B.			             of		            was suffering from			   , a disease coming within section 9 of the said Act, and was thereby disabled from earning full wages at the work at which he or she was employed; and on the			                        day of		             the said A.B.			died, his or her death being caused by the said disease.]
[Or, That on the				day of			        A.B.			, of			was in pursuance of [or regulations made under] the [give the short title of the Act in question], suspended from his or her usual employment on account of his or her having contracted			  , a disease coming within section 9 of the Workers’ Compensation Act 1951, and on the		             day of			the said A.B.			died, his or her death being caused by the said disease.]
[Or, That on the				day of			        A.B.			late of			 died, his or her death being caused by			                         , a disease coming within section 9 of the Workers’ Compensation Act 1951;
And that the dependants of the said A.B.			             allege that the above-mentioned disease was due to the nature of the employment of the said A.B.		              in			[describe employment], and that he or she was last employed in such employment within the twelve months previous to his or her disablement or suspension [or, if the worker died without having obtained a certificate of disablement, or was not at the time of his or her death in receipt of a weekly payment on account of disablement, within the twelve months previous to his or her death] by C.D.		         , of		               .]
2.  There is no dispute as to the liability of the said			      to pay compensation under the above-mentioned Act to the dependants of the said A.B.	               in respect of the injury caused to them by the death of the said A.B.		                 , but the amount payable as compensation has not been ascertained or decided either by a committee or by arbitration or by agreement.
3.  The said			of			[or		            , solicitor or agent for the said			of			                 ] therefore pays into court [when paid by solicitor or agent, add, at the request and by the authority of the said			          ] the sum of [state sum in letters] being the amount admitted by the said			               to be payable by him or her as compensation in the above-mentioned matter.
4.  (a)  The said A.B.			   was at the date of the injury [or disablement or suspension or death]			years of age.
(b)  He or she was employed as			               , and his or her earnings in the employment of the said			 during the three years next preceding the injury [or disablement or suspension or death] or his or her average weekly earnings during the period of his or her employment under the said			] were		                 .
5.  To the best of the knowledge and belief of the said		         the persons interested in the said sum as dependants of the said A.B.		           are	        [State dependants, with their ages and relationship to deceased worker, and places of residence, as far as known.]
6.  The amount admitted by the said			                        to be payable as compensation has been arrived at as follows, viz.:
Dated this			day of			, 19    .
						          (Signed)
						          [or
						          Solicitor or Agent for	               .]
To the Registrar of the Magistrates Court.
NOTE—A receipt for the money paid in with this præcipe is to be given on the usual form used by the Registrar, with the following addition:—“being the amount admitted by C.D. to be payable by him or her as compensation in respect of an injury resulting in the death of A.B.”

	FORM 43	Rule 51
PRÆCIPE FOR PAYMENT INTO COURT UNDER CLAUSE 6 OF SCHEDULE 1 TO THE ACT AND RULE 51, WHERE LIABILITY TO PAY COMPENSATION IS DENIED, BUT THE EMPLOYER IS WILLING TO PAY A SUM IN SETTLEMENT
In the matter of a claim for compensation made by the dependants of A.B.	            late of			, deceased, against C.D.			, of
TAKE NOTICE—
1.  That a claim has been made under the above-mentioned Act, by [or on behalf of] the dependants of A.B.			, late of			   , deceased against C.D.			of			, for compensation in respect of the injury caused to such dependants by the death of the said A.B.			        , who died on the			day of			, 19    .
2.  The said dependants allege that the death of the said A.B.			 resulted from personal injury arising out of and in the course of his or her employment sustained by the said A.B.			on the			day of		               at			     [state address where injury was sustained] while he or she was employed as a worker by the said C.D.			[or by E.F.	                 , a contractor with the said C.D.			  for the execution of work undertaken by them.]
[Or, in the case of industrial disease.]
[2.  The said dependants allege that the death of the said A.B.		            was caused by			       , a disease coming within section 9 of the Workers’ Compensation Act 1951, and that the above-mentioned disease was due to the nature of the employment of the said A.B.			in		                   [describe employment], and that he or she was last employed in such employment within the twelve months previous to his or her disablement [or suspension from his or her usual employment] [or, if the worker died without having obtained a certificate of disablement, or was not at the time of his or her death in receipt of a weekly payment on account of disablement, within the twelve months previous to his or her death] by the said C.D.			.].
3.  The said C.D.			 denies his or her liability to pay compensation under the above-mentioned Act to the dependants of the said A.B.			   , but to 
avoid litigation is willing to pay the sum of			   in full settlement of all claims to such compensation, and such of the dependants of the said A.B.		               as are not under disability are willing to accept such sum in settlement.
4.  The said C.D.		of,		[or,		, solicitor or agent for the said C.D.		, of		] therefore pays into court [when paid in by solicitor or agent, add, at the request and by the authority of the said C.D.		           ] the sum of			[state sum in letters] being the amount which he or she is willing to pay in full settlement of all claims to compensation in the above-mentioned matter.
5.  (a)  The said A.B.			   was at the date of the injury [or disablement or suspension or death]			years of age.
(b)  He or she was employed as			               , and his or her earnings in the employment of the said C.D.			during the three years next preceding the injury [or disablement or suspension or death] [or his or her average weekly earnings during the period of his or her employment under the said C.D.		    ] were		                 .
(c)  To the best of the knowledge and belief of the said C.D.		              the persons interested as dependants of the said A.B.			are		        [state dependants, with their ages and relationship to deceased, so far as known].
6.  The grounds on which the said C.D.			denies his or her liability to pay compensation are as follows, viz.—
Dated this			day of			, 19    .
						          (Signed)
						          [or
						          Solicitor or Agent for	               ].
To the Registrar of the Magistrates Court.
NOTE—A receipt for the money paid in with this præcipe is to be given on the usual form used by the Registrar with the following addition:—“being the amount paid in, with denial of liability, by C.D. in settlement of the claim of the dependants of A.B. for compensation in respect of an injury resulting in his or her death.”

	FORM 44	Rules 50, 51
NOTICE TO PARTIES WHERE REGISTRAR REFERS INTO COURT THE QUESTION OF ADEQUACY OF AMOUNT PAID INTO COURT UNDER RULES 50 OR 51
[Heading as in Præcipe for Payment into Court.]
TAKE NOTICE, that I have referred into Court the question of the adequacy of the amount paid into Court in this matter.
AND FURTHER TAKE NOTICE, that by order of the Court you are hereby summoned to attend before the Magistrates Court to be holden at Canberra on			             the			day of			at the hour of		               in the			noon, when the matter will be inquired into by the Court.
And that if you do not attend either in person or by your solicitor or agent on the day and at the hour above-mentioned such order will be made and proceedings taken as the Court may think just and expedient.
Dated this			day of			, 19    .
						      Registrar of the Magistrates Court.
To [the employer and the persons appearing by the præcipe to be interested in the amount paid in.]

	FORM 45	Rules 50, 51
NOTICE BY REGISTRAR OF PAYMENT INTO COURT UNDER RULES 50 AND 51
[Heading as in Præcipe for Payment into Court.]
TAKE NOTICE, that the sum of			                     has been paid into Court as compensation in the above-mentioned matter.
If any question arises as to the adequacy of the amount paid into Court, such question, and all questions as to who are dependants, and the amount payable to such dependants, must be settled by arbitration in accordance with the above-mentioned Act and the Rules of Court made under that Act.
If no question arises as to the adequacy of the amount paid into Court, any persons interested in the said sum may apply to the Court for an order for the investment and application of the said sum for the benefit of the persons entitled thereto in accordance with clause 6 of Schedule 1 to the Workers’ Compensation Act 1951, and the Rules of Court made under that Act.
Dated this			day of			, 19    .
						      Registrar of the Magistrates Court.
To

	FORM 46	Rule 53
Application for Order for Payment into Court of Weekly Payment payable to Person under Disability
[Heading as in Award or Memorandum.]
TAKE NOTICE, that I [name and address of applicant] intend to apply to the Magistrates Court at Canberra on the			day of			        , at the hour of			in the			noon, for an order that the weekly payment payable in the above-mentioned matter to			         a person under legal disability [or to me] be during his or her [or my] disability paid into Court, and for consequential directions.
Dated this			day of			, 19    .
								(Signed)
To the Registrar of the Magistrates Court,					and [to the parties interested.]

	FORM 47	Rule 54
Application for Variation of Order or Award
[Heading as in Award or Memorandum.]
TAKE NOTICE, that I [name and address of applicant] intend to apply to the Magistrates Court to be holden at Canberra on			the		                        day of			, at the hour of			in the		       noon, for an order that the order of the Court [or the award] made in the above-mentioned matter on the			day of			as to the apportionment of the sum paid as compensation among the dependants of A.B.			deceased, [or as to the manner in which the sum payable to		                                  a dependant of A.B.		deceased, is to be invested, applied, or otherwise dealt with]	           may be varied by directing [here state variation claimed by applicant] and for consequential directions.  And further take notice that the circumstances in which this application is made are [state particulars.]
Dated this			day of			, 19    .
						(Signed)	                Applicant.
					[Or	           Applicant’s Solicitor or Agent.]
To the Registrar of the Magistrates Court,						and to [all persons interested].

	FORM 48	Subrule 57 (3)
Application by WORKER intending to cease to reside in Australia for Reference to Medical Referee
In the Magistrates Court holden at Canberra.
						No. of Matter		.
In the matter of the Workers’ Compensation Act 1951;
and
In the matter of an agreement [or a decision or an award] recorded in the above-mentioned Court as to the weekly payment to A.B.			of		              by C.D.			of			.
Take Notice, that A.B.			of			            , to whom under an agreement [or a decision or an award] in the above-mentioned matter recorded in this Court on the		                      day of			              a weekly payment of 			is payable by the above-mentioned C.D. as compensation for personal injury to A.B.			arising out of and in the course of his or her employment, intends to cease to reside in Australia:
And that the said A.B.			intends to apply to the Registrar on	              the			day of			, at the hour of		               in the			        noon, for an order referring to a medical referee the question whether the incapacity of the said A.B.			   resulting from the injury is likely to be of a permanent nature.
A report of a medical practitioner, setting out the nature of the incapacity of the said A.B.			resulting from the injury, is hereto annexed.
Dated this			day of			, 19    .
						(Signed)	                Applicant.
					[Or	           Applicant’s Solicitor or Agent.]
To the Registrar of the Magistrates Court,						and to [the employer].

	FORM 49	Subrule 57 (6)
Order of Reference to Medical Referee
[Heading as in Application.]
On the application of			of			  , a copy of which is hereto annexed, I hereby appoint			, of			              , a medical referee appointed for the purposes of the Workers’ Compensation Act 1951, to examine the said [name of worker]			  and to give his or her certificate as to whether the incapacity of the said [name of worker]			  resulting from the injury is likely to be of a permanent nature or as to whether the absence of the worker from Australia is desirable for recuperative purposes.
A copy [or copies] of the report [or reports] of the medical practitioner [or practitioners] by whom the said			      has been examined is [or are] hereto annexed.  [And, if so, copies of the statements submitted to me by the parties are also hereto annexed.]
The said			, who is now at			  , has been directed to submit himself or herself for examination by the referee.
I am satisfied that the said			     is in a fit condition to travel for the purpose of being examined, and he or she has been directed to attend on the referee for examination at such time and place as may be fixed by the referee.
[Or, the said			     does not appear to be in a fit condition to travel for the purpose of being examined.]
The referee is requested to forward his or her certificate to the Registrar of the Magistrates Court, Canberra, on or before the			day of		             , specifying therein the nature of the incapacity of the said			      resulting from the injury, and whether such incapacity is likely to be of a permanent nature or whether the absence of the worker from Australia is desirable for recuperative purposes.
Dated this			day of			, 19    .
							      Magistrate.						                [or Registrar of the Magistrates Court.]

	FORM 50	Subrule 57 (7)
Order directing Injured WORKER to submit himself or herself for Examination by Medical Referee
[Heading as in Application.]
Take Notice, that I have appointed Dr.			, of		              , a medical referee appointed for the purposes of the Workers’ Compensation Act 1951, to examine you in accordance with the application in the above-named matter for a reference to a medical referee.
You are hereby required to submit yourself for examination by the referee [add where the worker is in a fit condition to travel], and to attend for that purpose at such time and place as may be fixed by him or her.
Dated this			day of			, 19    .
To					of
						      Registrar of the Magistrates Court.

	FORM 51	Subrule 57 (9)
Certificate of Medical Referee
[Heading as in Application.]
In accordance with the reference made to me by the Registrar of the Magistrates Court under Rule 57 of the Workers’ Compensation Rules, I have on the		                        day of			, 19    , examined			of		        [name and address of worker], and I hereby certify that the nature of his or her incapacity is as follows,			and is [or is not] likely to be of a permanent nature [or that the absence of the worker from Australia is [or is not] desirable for recuperative purposes].
Dated this			day of			, 19    .
								   Medical Referee.

	FORM 52	Subrule 57 (10)
Certificate of Identity
[to be carefully preserved]
Notice—This Certificate is no Security whatever for a Debt
							No. of Certificate	                 .
[Heading as in Award or Memorandum.]
This is to certify that A.B.			     late of [address and description] is entitled to a weekly payment of			   from [name and address of employer] as compensation payable to the said A.B.			in respect of personal injury arising out of and in the course of his or her employment, such weekly payment to continue during the total or partial incapacity of the said A.B.			for work.
And that the description of the said A.B.			 and his or her incapacity for work, as certified by the medical referee appointed in this matter, are as follows:
Age,
Height,
Hair,
Eyes,
Nature of Incapacity.
[Describe nature of incapacity, as in certificate of medical referee.]
Dated this			day of			, 19    .

	FORM 53	Subrule 57 (10)
Notice to be given to WorkER intending to cease to reside in Australia
[Heading as in Award or Memorandum.]
Take Notice, that if you desire to obtain payment of the weekly payments payable to you under the award [or memorandum] (a copy whereof is hereto annexed) while you are residing out of Australia, you must, at intervals of three months from the date up to which such payments have been made, submit yourself to examination by a medical practitioner in the place where you are residing, and produce to him or her the copy of the certificate of the medical referee and the certificate of identity hereto annexed; and you must obtain from such medical practitioner a certificate in the form hereto annexed that he or she has examined you, and that your incapacity resulting from the injury specified in the certificate of the medical referee continues; and such certificate must be verified by the medical practitioner by declaration in your presence before any person having authority to administer an oath.
You must also attend before some such person and make a declaration in the form hereto annexed that you are the same person as mentioned in the copy of the certificate of the medical referee and in the certificate of identity hereto annexed, and in the certificate of the medical practitioner by whom you have been examined, producing to such person the copy and certificates above-mentioned.
You must then forward to me, at my office, situate at Canberra, the certificate of the medical practitioner by whom you have been examined, and your declaration, together with a request for transmission to you of the amount of the weekly payment due to you, specifying the place where and the manner in which the amount is to be transmitted, according to the form hereto annexed, which request must be signed in your own handwriting.
In the event of your death while residing out of Australia, your representative must, in order to obtain payment of the arrears due to you, forward to me, at my office, situate at Canberra, a certificate of your death, and documents showing that they are entitled to such arrears, verified by declaration before a person having authority to administer an oath, with a request for payment of the arrears, specifying the place where and the manner in which the arrears are to be transmitted to them.
The expression “your representatives” means—
	(a)	if you leave a will, the executors of the will; or
	(b)	if you die intestate, the persons who are according to law entitled to your personal estate; and payment of the arrears may be made to those persons without the production of letters of administration.
Dated this			day of			, 19    .
						      Registrar of the Magistrates Court.
To A.B.										of [address and description.]

	FORM 54	Subrules 57 (10), (11)
Form of Medical Certificate to be obtained by Worker residing out of Australia
[Heading as in Award or Memorandum.]
I [name, address, and medical qualification of medical practitioner]		     hereby certify that I have this day examined A.B.			of		   , whom I conscientiously believe to be the same person as A.B.			                               of			, described in the copy certificate of the medical referee in the above-
mentioned matter, dated the			day of			    , and in the certificate of identity dated the			day of			  produced to me by the said A.B.			    ; and that in my opinion the incapacity of the said A.B.			   resulting from the injury described in the said certificate of the medical referee still continues.
Dated this			day of			, 19    .
								              [Signature.]
Declared at 		        this			day of			     , in the presence of the said A.B.			            , the copy of the certificate of the medical referee and the certificate of identity above-mentioned being at the same time produced.
Before me—
				       [Signature and description of person before whom the 					                   declaration is made.]

	FORM 55	Subrules 57 (10), (12)
Declaration of Identity by worker  residing out of Australia
[Heading as in Award or Memorandum.]
I, A.B.			of			   hereby declare that I am the same person as A.B.				of			  described in the copy of the certificate of the medical referee in the above-mentioned matter, dated the			day of			, now produced by me, and in the certificate of identity, dated the			day of			        , now produced by me, and the same person as A.B.			of		  described in the certificate of 			declared by the said	               in my presence on the			day of			 , and now produced by me.
							         (Signed)
									     A.B.
Declared at 		        this			day of			            the certificates above-mentioned being at the same time produced,
Before me—
				       [Signature and description of person before whom the 					                   declaration is made.]

	FORM 56	Subrule 57 (13)
Request for Transmission of Amount of Weekly Payments by Worker residing out of Australia
[Heading as in Award or Memorandum.]
Sir,
I herewith enclose medical certificate and declaration of identity, and request that the amount of the weekly payments due to me in the above-mentioned matter may be transmitted to me at 
[give full address]
[state how transmission to be made, as]—
	by Post Office order payable at 
[name of post office]
	or by bankers’ draft on the
[name and address of bank].
									A.B.
[To be signed by the worker in his or her own handwriting.]
To the Registrar of the Magistrates Court, Canberra.

	FORM 57	Subrule 57 (15)
Notice by Registrar to Employer of Receipt of Medical Certificate and Declaration of Identity
[Heading as in Award or Memorandum.]
Take Notice, that I have received proof of identity and of continuance of incapacity in the above-mentioned matter.
And I have to request you to forward the sum of			 , being the amount of weekly payments payable to A.B.			under the above-mentioned award [or memorandum] from [the date to which they were last paid 		] to	             [13 weeks from that date] to me, to be by me transmitted to the said A.B.
Dated this			day of			, 19    .
						      Registrar of the Magistrates Court.
To [name and address of employer].

	FORM 58	Rule 64
Notice of Application for Determination of Amount of Solicitor’s or Agent’s Costs
[Heading as in Award or Memorandum.]
Take Notice, that I intend to apply to the Magistrates Court, Canberra, on	            the		    day of		         at the hour of		         o’clock in the		          noon, to determine the amount of costs to be paid to me as solicitor [or agent] for you, A.B.			 in the above-mentioned matter; and for an order declaring that I am entitled 
to recover such amount from the person for whom I acted or to a lien for such amount on or to deduct such amount from the sum awarded or agreed as compensation to you the said A.B.			in the above-mentioned matter,		             and for consequential directions.
Dated this			day of			, 19    .
								                Applicant.
To the Registrar of the Magistrates Court, Canberra.			             and to									         A.B.			of

	FORM 60	Rule 73
Notice of Day upon which Special Case will be heard
[Heading as in Special Case.]
Take Notice that the Magistrates Court will hear the special case stated in the above-named matter at a Court to be holden at Canberra on		         the		       day of			at the hour of			in the		        noon; and that if you do not attend in person or by your solicitor or agent at the place and time above-mentioned, such order will be made and proceedings taken as the Court may think just.
You may obtain a copy of the case upon application at my office and upon prepayment of the costs of such copy.
Dated this			day of			, 19    .
To [the Applicant and Respondents.]
						   Registrar of the Magistrates Court.

	FORM 61	Rule 75
Application for Reference to Medical Referee under Paragraph 11 of the First Schedule to the Act
In the matter of a claim for compensation made by A.B.			             of			against C.D.			of		                 . [or where an arbitration is pending,
In the matter of an Arbitration between
A.B.								               of [address]		           [description]		        Applicant,				  and
C.D.								               of [address]		           [description]		        Respondent.
[or, where application is made after weekly payment has been settled,
In the matter of an agreement [or a decision or award] recorded in the above-mentioned Court as to the weekly payment payable to A.B.		            of	           , by C.D.			, of			.
Application is hereby made to the Court on behalf of the above-named A.B. and C.D. for a reference in the above-mentioned matter to a medical referee pursuant to paragraph 11 of the First Schedule to the above-mentioned Act under the following circumstances:
1.  On			the			day of		       notice was given by [or on behalf of] the above-mentioned A.B.			       to the 
above-mentioned C.D.				       of personal injury to the said A.B.			             arising out of and in the course of his or her employment, in respect of which injury the said A.B.			      claims compensation from the said C.D.			under the said Act.]
[or, where arbitration is pending,
1.  An arbitration under the said Act is pending between the above-mentioned A.B.			and the above-mentioned C.D.			  as to the amount of compensation payable to the said A.B.			   under the said Act in respect of personal injury arising out of and in the course of his or her employment.]
[or, where weekly payment has been settled,
1.  Under an agreement [or a decision or award] in the above-mentioned matter, recorded in this Court on the			day of			             , a weekly payment is payable to the above-mentioned A.B.			        by the above-mentioned C.D.			        as compensation in respect of personal injury to the said A.B.			arising out of and in the course of his or her employment.]
2.  The weekly payment claimed by [or payable to] the said A.B.		is             .
3.  A question has [or questions have] arisen between the said A.B.		             and the said C.D.			as to the condition [or fitness for employment] of the said A.B.			[or as to whether [or to what extent] the incapacity of the said A.B.,			is due to the injury], [or as to the condition] [or fitness for employment] of the said A.B. 			and as to whether [or to what extent] the incapacity of the said A.B.			is due to the injury], and no agreement can be come to between the said C.D.			                     and the said A.B.			with reference to such question [or questions.]
4.  The said A.B.			                     has submitted himself or herself for examination by a medical practitioner provided by the said C.D.			             [or has been examined by a medical practitioner selected by himself or herself] [or if so, the said A.B.			has submitted himself or herself for examination by a medical practitioner provided by the said C.D.			  and has also been examined by a medical practitioner selected by himself or herself], and a copy of the report of the said practitioner is [or copies of the reports of the said practitioners are] annexed to this application.
The applicants request that an order may be made referring the matter to a medical referee for his or her certificate as to the condition of the said A.B.			     and his or her fitness for employment, specifying, where necessary, the kind of employment for which he or she is fit [or for his or her certificate whether [or to what extent] the incapacity of the said A.B.			 is due to the injury] [or for his or her certificate as to the condition of the said A.B.			 and his or her fitness for employment, specifying, where necessary, the kind of employment for which he or she is fit, and as to whether [or to what extent] the incapacity of the said A.B.			is due to the injury].
Dated this			day of			, 19    .
							(Signed)
								                Applicant.
							    [or Applicant’s Solicitor.]
								      C.D.
							         [or Solicitor for C.D.]
To the Registrar of the Magistrates Court.

	FORM 62	Rule 75
Order of Reference under Paragraph 11 of the First Schedule to the Act
[Heading as in Application.]
On the application of A.B.			of			             and C.D.			, of		    [a copy of which is hereto annexed], I hereby appoint 			, of			, a medical referee appointed for the purposes of the Workers’ Compensation Act 1951, to examine the said [name of worker], and to give his or her certificate as to the condition of the said		             and his or her fitness for employment, specifying, where necessary, the kind of employment for which he or she is fit [or his or her certificate whether] [or to what extent] the incapacity of the said			   is due to the injury] [or his or her certificate as to the condition of the said		                and his or her fitness for employment, specifying, where necessary, the kind of employment for which he or she is fit, and as to whether [or to what extent] the incapacity of the said			is due to the injury].
Copies of the reports of the medical practitioners by whom the said		             has been examined are hereto annexed.
The said			, who is now at			  , has been directed to submit himself or herself for examination by the referee.
I am satisfied that the said			     is in a fit condition to travel for the purpose of being examined, and he or she has been directed to attend on the referee for examination at such time and place as may be fixed by the referee.
[or, The said			     does not appear to be in a fit condition to travel for the purpose of being examined.]
The referee is requested to forward his or her certificate by registered post to the Registrar at the Office of the Magistrates Court situate at Canberra on or before the		             day of			.
Dated this			day of			19    .
						   Registrar of the Magistrates Court.

	FORM 63	Rule 75
Order directing Injured worker to submit himself or herself for Examination by Medical Referee
[Heading as in Application.]
To A.B.			of			[address and description].
Take Notice that I have appointed			, of		               , a medical referee appointed for the purposes of the Workers’ Compensation Act 1951, to examine you in accordance with the application in the above-mentioned matter for a reference to a medical referee.
You are hereby required to submit yourself for examination by the referee [add where workman is in a fit condition to travel, and to attend for that purpose at such time and place as may be fixed by him or her].
Dated this			day of			19    .
						   Registrar of the Magistrates Court.

	FORM 64	Subrule 75 (8)
Notice to Parties of Certificate of Medical Referee
[Heading as in Application.]
Take Notice that I have received the certificate of the medical referee appointed in this matter, and that you may inspect the same during office hours at my office situate at Canberra, and may on request and at your own cost be furnished with or take a copy thereof.
Dated this			day of			19    .
						   Registrar of the Magistrates Court.
To									             and

	FORM 65	Rule 76
Application for Summons of Medical Referee as Assessor
[Heading as in Request for Arbitration.]
The applicant [or respondent] applies to the Court to summon a medical referee to sit with it as an assessor on the ground that questions are likely to arise in the determination as to the condition of the applicant or his or her fitness for employment [or as the case may be], and that it is desirable that the Court should have the assistance of a medical referee in the determination of such questions.
Dated this			day of			19    .
To the Registrar of the Magistrates Court.
					         (Signed)	                      A.B., Applicant.
								              or
						           Applicant’s Solicitor or Agent.
The Magistrates Court consents to a medical referee being summoned to sit with it as an assessor.
								              Magistrate.

	FORM 66	Rule 76
Notice of Refusal to Summon Medical Referee as Assessor
[Heading as in Request for Arbitration.]
I Hereby give you notice that the Court has directed me to inform you that your application for a medical referee to be summoned to sit with the Court as an assessor is refused, the Court being of opinion that the summoning of a medical referee is unnecessary.
Dated this			day of			19    .
						   Registrar of the Magistrates Court.
To [the applicant for an assessor].

	FORM 67	Rule 76
Summons to Medical Referee to sit as Assessor
[Heading as in Request for Arbitration.]
The			day of			 , 19    .
You are hereby summoned to attend and sit with the Court as an assessor at		             on			the			day of			19       , at the hour of			in the			noon.
To 								               of
						   Registrar of the Magistrates Court.

	FORM 68	Rule 79
Authority to Agent
[Heading as in Application for Arbitration.]
I Hereby authorize [full name]			whose signature appears in the margin hereof [address and description]			  to appear and act on my behalf in any proceeding connected with the question or matter which I propose to bring before the Magistrates Court, Canberra, for determination.
Dated this			day of			, 19    .
								[Name of party]
								[Address]
								[Description]

	FORM 69	Rule 87
The Workers’ Compensation Act 1951
SPECIAL REGISTER
No. of Matter	Title	Date of
Proceedings	Nature	
1	In the matter of an arbitration between A.B., of, &c., Applicant, and C.D. of, &c., Respondent.	(Give Dates)	Request for arbitration filed, and copy sent to Magistrate.
Day for arbitration fixed.
Notice of day fixed sent to applicant, and notice with copy request sent to respondent by registered post.
Respondent’s answer filed; copy sent to applicant.
Arbitration held;           appointed as medical referee to report; further hearing adjourned.
Report of medical referee received; notice given to the parties.
Further hearing.  Award made as follows (enter minute of award).
                               for costs paid into Court by respondents.
                               for costs paid to applicant’s solicitor.
	
2	In the matter of an agreement between A.B., of, and E.F. of, &c.			Memorandum of agreement as to compensation, signed by A.B., left to be recorded.
Notice and copy memorandum sent by post to E.F.
Notice received from E.F. disputing memorandum.
Notice sent to A.B. that memorandum is disputed, and will not be recorded without consent in writing of E.F., or order of the Court.
Application on behalf of A.B. that memorandum be recorded.
Application heard, and order made that memorandum be recorded with alterations.
Memorandum recorded as follows [set out memorandum].
Execution issued for costs.
          &c.,          &c.,          &c.

	THE SECOND SCHEDULE	Rule 59
SCALE OF COSTS
Column 1	Column 2	Column 3	Column 4	
Proceedings or matter	Where the subject matter does not exceed $100 (lowest scale)	Where the subject matter exceeds $100 but does not exceed $200 (second scale)	Where the subject matter exceeds $200 but does not exceed $400	
	$	$	$	
1.  Costs generally—
	(1)	Instructions for application for arbitration and preparing and filing application		6.00	8.00	10.00	
	(2)	Preparing answer of respondent or any other notice, including filing and service		6.00	8.00	10.00	
	(3)	Preparing case for applicant or respondent		16.00	20.00	24.00	
	(4)	Letter before arbitration		1.00	2.00	2.00	
	(5)	Attending arbitration—
For first three hours or portion thereof		16.00	20.00	24.00	
For each subsequent hour or portion of an hour		4.00	5.00	6.00	
	(6)	Preparing any other necessary or proper notice not otherwise provided for in this Schedule		2.00	2.00	2.00	
	(7)	Preparing any necessary or proper application to the Court not provided for in this Schedule, including copies of documents, filing and service		4.00	5.00	6.00	
	(8)	Preparing any memorandum under Schedule 4 to the Act, including filing		4.00	5.00	6.00	
	(9)	Preparing any other necessary or proper document not otherwise provided for in this Schedule, including filing		2.00	2.00	2.00	
	(10)	Præcipe for payment into Court, including filing		2.00	2.00	2.00	
	(11)	Any attendance not otherwise provided for which the Registrar deems necessary and not for a purpose which could have been effected by any previous or subsequent attendance allowed		2.00	2.00	2.00	
Column 1	Column 2	Column 3	Column 4	
Proceedings or matter	Where the subject matter does not exceed $100 (lowest scale)	Where the subject matter exceeds $100 but does not exceed $200 (second scale)	Where the subject matter exceeds $200 but does not exceed $400	
	$	$	$	
	(12)	Instruction for special affidavit		2.00	2.00	2.00	
	(13)	Drawing bill of costs for taxation, including copy for the Registrar—per folio		0.40	0.40	0.40	
	(14)	In any other matter for which no provision is made in this Schedule the costs shall not exceed those allowable in the Magistrates Court if the matter arose in a claim under the Magistrates Court (Civil Jurisdiction) Act 1982					
	(15)	Where the subject matter exceeds $400 but does not exceed $2,000, the scale of costs is the scale specified in Column 4 of this Schedule increased by twenty-five percent					
	(16)	Where the subject matter exceeds $2,000, the scale of costs is the scale specified in Column 4 of this Schedule increased by fifty percent					
2.	The Court fees, bailiff’s fees and witnesses’ fees and mileage which may be included in any costs awarded shall not exceed the amounts, respectively, specified in the Third, Fourth and Fifth Schedules to these Rules				
3.	Disbursements not otherwise provided for in these Rules may be allowed, if in the opinion of the Arbitrator, Committee or the Court, they are necessary in the circumstances				

	THE THIRD SCHEDULE	Rule 66
COURT FEES PAYABLE ON PROCEEDINGS UNDER THE WORKERS’ COMPENSATION ACT 1951
	£	s.	d.
  1.	On the filing of the special case under Rule 73		0	5	0	
  2.	On an order adding a respondent under Rule 33		0	5	0	
  3.	On an application to rectify the register or to remove a record from the register under clause 9 (c) or (e) of Schedule 4 to the Act and Rule 43 or Rule 45		0	5	0	
  4.	On an application for the suspension of the right to compensation or to take proceedings, or of the right to weekly payments under clause 5, 10 or 11 of Schedule 1 to the Act and Rule 47		0	5	0	
  5.	On a payment into Court under Rule 46, 49, 50 or 51		0	5	0	
  6.	On an application for investment or direction of the Court under clause 6 of Schedule 1 to the Act, and Rule 49, 50 or 56		0	5	0	
  7.	On an application for the payment of weekly payments into Court under clause 7 of Schedule 1 to the Act, and Rule 53 (3)		0	5	0	
  8.	On an application for the variation of an order under clause 9 of Schedule 1 to the Act, and Rule 54		0	5	0	
  9.	The fee mentioned in the last preceding item is not to be taken on an application under the liberty to apply reserved by Rule 49 (12), but on any such application there shall be allowed a fee (which shall be deducted from the fund to which the application relates) of		0	2	6	
10.	For every investment made by the Registrar, including the payment out or application of a sum allotted to any person by weekly or other periodical payments (charged once only and to be deducted from the sum ordered to be invested or allotted): For every £10 or part of £10 invested, but so that the total fee shall not exceed £5		0	2	6	
11.	On an application for a reference to a medical referee under clause 14 of Schedule 1 to the Act, and Rule 57		0	5	0	
12.	For a certificate of identity under Rule 57 (10) (c)		0	5	0	
13.	For receiving and transmitting any sum due to a workman residing out of the Territory under Rule 57 (15) (to be deducted from the sum to be transmitted)		0	5	0	
14.	On an application to the Court under Rule 64 (3)-(5) at a date subsequent to the hearing of the arbitration		0	5	0	
15.	On an application to the Court under Rule 65 (e) other than an application for an order for execution to issue		0	5	0	
16.	On an application for issue of execution under Rule 69		0	2	0	
17.	On an application to set aside or vary an award or order under Rule 72		0	5	0	
18.	For a certificate of an award or order under Rule 32		0	5	0	
19.	On any other proceeding not herein specified for which, if such proceeding were taken in a claim under the Magistrates Court (Civil Jurisdiction) Act 1982, a fee would be payable, the fee which would be payable if such proceeding were taken in a claim.				

	THE FOURTH SCHEDULE	Rule 67
BAILIFFS’ FEES
	£	s.	d.
For serving summons or notice at request of any party and making affidavit of service if service be made		0	  3	0	
For every levy or caption		0	  4	0	
For every mile, or fraction of a mile over two miles, from the Court which he or she travels to serve summons or execute other process, but not counting the return journey, such sum as is fixed by the Court not exceeding		0	  2	0	
For possession money such sum as is fixed by the Court not exceeding per day	0	10	0	

NOTES
1.	The Workers’ Compensation Rules (in force under the Magistrates Court (Civil Jurisdiction) Act 1982) (a) as shown in this reprint comprise Rules made on 13 October 1938 amended as indicated in the Tables below.
	The Workers’ Compensation Rules (c) were amended by the Magistrates Court Ordinance 1985, the Magistrates Court (Amendment) Ordinance (No. 3) 1986, the Self-Government (Consequential Amendments) Ordinance 1990 (d), the Magistrates and Coroner’s Courts (Registrar) Act 1991 (e) and the Magistrates Court (Enforcement of Judgments) Act 1994 (j).  The amendments are incorporated in this reprint.
	For application, saving or transitional provisions relating to the amendments see subsection 98 (10) of Ordinance No. 74, 1986, subsection 6 (2) of Ordinance No. 5, 1990 and Part VIII (sections 88-97) of Act No. 61, 1994.
	Citation of Laws—The Self-Government (Citation of Laws) Act 1989 (No. 21, 1989) altered the citation of most Ordinances so that after Self-Government day they are to be cited as Acts.  That Act also affects references in ACT laws to Commonwealth Acts.
2.	The Legislation (Republication) Act 1996 (No. 51, 1996) authorises the Parliamentary Counsel in preparing a law for republication, to make certain editorial and other formal amendments in accordance with current legislative drafting practice.  Those amendments make no change in the law.  Amendments made pursuant to that Act do not appear in the Table of Amendments but details may be obtained on request from the Parliamentary Counsel’s Office.
Table of Rules
Year and
number	Date of making	Date of 
notification 
in Gazette	Date of 
commencement	Application, saving or transitional provisions	

—	13 Oct 1938	20 Oct 1938	1 Jan 1939		
—	1 Nov 1946	28 Nov 1946	28 Nov 1946	R. 3 (b)-(d)	
1968 No. 12 (f)	9 Dec 1968	19 Dec 1968	19 Dec 1968	—	
1982 No. 32	28 July 1982	10 Aug 1982	10 Aug 1982	—	
1990 No. 5 (g)	19 June 1990	29 June 1990	29 June 1990	—	
1991 No. 37 (h)	20 Dec 1991	15 Jan 1992	Rr. 1 and 2: 15 Jan 1992
Remainder:  22 Jan 1992 (see r. 1 (2) and Gazette 1992, No. S9)	—
	
(Reprinted as at 31 January 1996)	
No. 40, 1997
	16 Dec 1997	17 Dec 1997	17 Dec 1997
(see r. 1 and Gazette 1997, No. S414)
	—	

(a)	The Workers’ Compensation Rules made on 13 October 1938 and 1 November 1946 under the Workmen’s Compensation Act 1938 and the Workmen’s Compensation Act 1946 respectively were continued in force under the Workers’ Compensation Act 1951 (b). Rules 1982 No. 32 were made under the Workers’ Compensation Act 1951.  The remaining rules and the rules mentioned above continue in force under section 421 of the Magistrates Court (Civil Jurisdiction) Act 1982.
	Section 421 of the Magistrates Court (Civil Jurisdiction) Act 1982 provides as follows:
	     “421.  (1)  The Executive may make rules, not inconsistent with the Workers’ Compensation Act 1951, prescribing all matters which by that Act are required or permitted to be prescribed by Rules of Court, or which are necessary or convenient to be prescribed by Rules of Court for giving effect to that Act. 
	       “(2)  The rules in force under the Workers’ Compensation Act 1951 immediately before the commencement of this section continue in force on and after the commencement as if they had been made under subsection (1).”
 (b)	Rule 2 of the Workers’ Compensation Rules made under the Workmen’s Compensation Ordinance 1946 on 1 November, 1946 provides as follows:
	   "2.  The Workmen’s Compensation Rules made under the Workmen’s Compensation Ordinance 1931-1938 on the thirteenth day of October, 1938, as modified by these Rules shall apply in relation to any matter arising under the Workmen’s Compensation Ordinance 1946.”
	Section 2 of the Workers’ Compensation Act 1951 provides as follows:
	   “2.  (1)  The Workmen’s Compensation Ordinance 1946 and the Workmen’s Compensation Ordinance 1948 are repealed.
	   “(2)  All rules and regulations made under the Ordinances repealed by the last preceding subsection and in force immediately prior to the commencement of this Act shall, except in so far as they are inconsistent with this Act, continue in force as if they had been made under this Act and as if every reference in those rules or regulations to a provision repealed by this Act were a reference to the corresponding provision of this Act.
	   “(3)  The rules or regulations continued in force by this section may be repealed or amended by rules or regulations, as the case may be, made under this Act.”
(c)	The Workers’ Compensation Rules were also amended by the Seat of Government (Designation) Ordinance 1938 (No. 25, 1938) as amended by the Ordinances Revision Ordinances 1938 and 1959 (No. 35, 1938 and No. 21, 1959).
	Section 2 of the Seat of Government (Designation) Ordinance 1938, as amended, provides as follows:
	   “2.  Where, in any Ordinance, not being an Ordinance specified in the Schedule to this Ordinance, or in any regulation or rule made under an Ordinance, the words ‘Territory for the Seat of Government’ or ‘Territory for the Seat of Government of the Commonwealth’ or ‘Territory for the Seat of Government of the Commonwealth of Australia’ or ‘Federal Capital Territory’ appear, the Ordinance, regulation or rule (as the case may be) is amended by omitting those words and inserting in their stead the words ‘Australian Capital Territory’.”.
	The amendments have been incorporated in this reprint but do not appear in the Table of Amendments.
(d)	Subsection 6 (1) of the Self-Government (Consequential Amendments) Ordinance 1990 provides as follows:
	   “6.  (1)  The Ordinances specified in Schedule 1 (except the Legal Practitioners Act 1970), the Crimes Act, 1900 of the State of New South Wales in its application in the Territory and the rules specified in Schedule 3 are amended—
	(a)	by inserting ‘she or’ before ‘he’ (wherever occurring);
	(b)	by inserting ‘her or’ before ‘him’ (wherever occurring);
	(c)	by inserting ‘her or’ before ‘his’ (wherever occurring); and
	(d)	by inserting ‘herself or’ before ‘himself’ (wherever occurring)."
	The amendments have been incorporated in this reprint but do not appear in the Table of Amendments.
(e)	Section 8 of the Magistrates and Coroner’s Courts (Registrar) Act 1991 provides as follows:
	   “8.  The provisions of regulations and rules specified in Schedule 2 are amended by omitting ‘clerk’ and ‘Clerk’ (wherever occurring) and substituting ‘Registrar’.”
	The amendments have been incorporated in this reprint but do not appear in the Table of Amendments.
 (f)	Rule 2 of Regulations 1968 No. 12 provides as follows:
	   “2.  (1)  In this rule, ‘the commencing date’ means the date upon which notification of the making of these Rules is published in the Gazette.
	   “(2)  Subject to this rule, the costs to be paid to a party to proceedings commenced before the commencing date by another party to those proceedings shall not exceed the amounts respectively specified in the Second Schedule to the Workers’ Compensation Rules as in force immediately before the commencing date.
	   “(3)  Where, in proceedings commenced before the commencing date, any work referred to in an item of the Second Schedule to the Workers’ Compensation Rules, as amended by these Rules, is performed on or after the commencing date, the costs to be paid in relation to that work shall not exceed the amount specified in that item.
	   “(4)  For the purposes of the last preceding subrule, where, in an item in the Second Schedule to the Workers’ Compensation Rules, as amended by these Rules, a reference to the filing of a document is included, and such a document is filed on or after the commencing date, the work to which that item relates shall be deemed to have been performed after the commencing date.
	   “(5)  The Second Schedule to the Workers’ Compensation Rules, as amended by these Rules, applies to and in relation to all proceedings commenced on or after the commencing date.
	   “(6)  For the purposes of this rule, proceedings shall be deemed to have been commenced on the date on which the application for arbitration is filed.”
(g)	Regulations 1990 No. 5 were made under the Magistrates Court (Civil Jurisdiction) Act 1982.  Rule 7 of Regulations 1990 No. 5 provides as follows:
	   “7.  Unless the context otherwise requires, each reference in these Rules to the Workers’ Compensation Act 1951 (other than in a reference to its short title) is amended—
	(a)	by omitting ‘ORDINANCE’ (wherever occurring) and substituting ‘ACT’; and
	(b)	by omitting ‘Ordinance’ and substituting ‘Act’.”
	The amendments have been incorporated in this reprint but do not appear in the Table of Amendments.

 (h)	Regulations 1991 No. 37 were made under the Magistrates Court (Civil Jurisdiction) Act 1982.
(j)	Section 28 of the Magistrates Court (Enforcement of Judgments) Act 1994 provides as follows: 
 “28.  The Principal Act is amended—
(a)	by omitting ‘him or her’ (wherever occurring) and substituting ‘him or her’;
(b)	by omitting ‘his or her’ (wherever occurring) and substituting ‘his or her’; and
(c)	by omitting ‘he or she’ (wherever occurring) and substituting ‘he or she’.”
	The amendments have been incorporated in this reprint but do not appear in the Table of Amendments. 

Table of Amendments
ad. = added or inserted      am. = amended     rep. = repealed      rs. = repealed and substituted

Provision	How affected

R. 1	am. 1991 No. 37
R. 2	rep. Rules made on 1 November 1946
Rr. 3, 4	rep. 1990 No. 5
R. 5	am. Ordinance No. 67, 1985; 1990 No. 5; Ordinance No. 5, 1990; 1991 No. 37
R. 6	am. 1990 No. 5
Rr. 8-10	am. 1991 No. 37
R. 11	am. Ordinances Nos. 67, 1985 and 74, 1986
Rr. 12, 13	am. 1990 No. 5
R. 14	am. 1991 No. 37
R. 15	am. 1990 No. 5
Rr. 18, 19	am. 1990 No. 5
R. 19A	ad. 1990 No. 5
R. 20	am. 1990 No. 5
R. 21	am. 1991 No. 37
R. 22	am. 1990 No. 5
R. 27	am. 1990 No. 5
R. 31	am. Ordinance No. 74, 1986
R. 31A	ad. No. 40, 1997
Heading to Div. 3 of Part II  am. 1990 No. 5
R. 33	am. 1990 No. 5; 1991 No. 37
R. 35	am. 1990 No. 5; 1991 No. 37
Rr. 38, 39	am. 1990 No. 5; 1991 No. 37
Rr. 41, 42	am. 1990 No. 5; 1991 No. 37

Rr. 43, 44	am. Ordinance No. 74, 1986; 1990 No. 5; 1991 No. 37
Rr. 45-47	am. 1990 No. 5; 1991 No. 37
R. 48	am. 1991 No. 37
R. 49	am. Ordinance No. 74, 1986; 1990 No. 5; 1991 No. 37
R. 50	am. 1990 No. 5; 1991 No. 37
Rr. 53-60	am. 1990 No. 5; 1991 No. 37
R. 63	am. Ordinance No. 74, 1986
	rep. No. 40, 1997
R. 64	am. 1990 No. 5; 1991 No. 37
Rr. 66, 67	am. 1990 No. 5; 1991 No. 37
R. 68	rs. 1982 No. 32
R. 68A	ad. 1982 No. 32
R. 69	am. Ordinance No. 67, 1985
	rep. Act No. 61, 1994
R. 70	am. Ordinance No. 67, 1985; 1990 No. 5; 1991 No. 37
	rep. Act No. 61, 1994
R. 71	am. Ordinance No. 67, 1985; Act No. 61, 1994
R. 73	am. 1990 No. 5; 1991 No. 37
R. 74	am. Ordinance No. 67, 1985; 1990 No. 5; 1991 No. 37
Rr. 75, 76	am. 1990 No. 5; 1991 No. 37
R. 77	am. 1991 No. 37
R. 79	am. 1991 No. 37
R. 81	am. Rules made on 1 November 1946; Ordinance No. 67, 1985; 1990 No. 5; 1991 No. 37
R. 82	am. Ordinance No. 67, 1985; 1990 No. 5
R. 85	am. Ordinances Nos. 67, 1985 and 74, 1986
R. 87	am. 1990 No. 5; 1991 No. 37
The First Schedule	am. Ordinance No. 67, 1985; 1990 No. 5; Ordinance No. 5, 1990; 1991 No. 37; Act No. 61, 1994
The Second Schedule	am. Rules made on 1 November 1946
	rs. 1968 No. 12
	am. Ordinances Nos. 67, 1985 and 74, 1986; 1991 No. 37
The Third Schedule	am. Ordinance No. 74, 1986; 1990 No. 5; Ordinance No. 5, 1990; 1991 No. 37
The Fifth Schedule	rep. 1982 No. 32