Australian Capital Territory Current Acts

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ACT CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 2008 - SECT 82A

Removal from tribunal to Magistrates Court—combined fair work matter

    (1)     This section applies if, in the course of dealing with a civil dispute application, the tribunal becomes aware that a matter arising in relation to the application amounts to a fair work claim.

Example—matter arising in relation to application

a counter claim to the application

    (2)     The tribunal must order that the application and the matter (the combined fair work matter ) be removed to the Magistrates Court.

    (3)     The tribunal may make the order on its own initiative or on application by a party to the matter.

    (4)     On removal of the matter to the Magistrates Court, the civil dispute application is taken to be finalised in the tribunal.

Note 1     A fair work claim may be started in the Magistrates Court (see Magistrates Court Act 1930

, pt 4.2A).

Note 2     Orders may be sought for the contravention of a civil remedy provision in the Federal Court and Federal Circuit and Family Court of Australia (Division 2) (see Fair Work Act 2009

(Cwlth), s 539).



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