Australian Capital Territory Current Regulations

COURT PROCEDURES RULES 2006 - REG 3966

    (1)     This rule applies to an agreement under the title="A1951-2">Workers Compensation Act

, part 4.7 (Registration of agreements for compensation).

    (2)     A person who is a party to the agreement may apply to the court for registration of the agreement by filing a copy of the agreement in the court.

Note 1     See approved form 3.66 (Application for registration of agreement for compensation) AF2007-71

provides for things to be done as soon as possible if no time is fixed (see s 151B).

    (3)     If the person is also a party to an arbitration about the matter in the agreement, the party may apply to the court for registration of the agreement by filing a copy of the agreement or handing it to the court at the arbitration.

    (4)     The copy of the agreement filed or handed to the court must—

        (a)     be signed by the injured worker, the injured worker's representative and each other party or the party's representative; and

        (b)     include a statement by a lawyer that the lawyer—

              (i)     has provided independent legal advice about the agreement to the injured worker; and

              (ii)     based on the lawyer's experience in worker's compensation proceedings and knowledge of the injured worker's claim, considers that the amount of compensation set out in the agreement is not manifestly inadequate.

    (5)     Part 6.2 (Applications in proceedings) does not apply to the application to register the agreement.

    (6)     Unless the court otherwise orders on its own initiative, the application to register must be dealt with without a hearing and in the absence of the parties.

    (7)     However, at any time before registering an agreement, the court may require a party to provide additional information.

    (8)     If the court registers the agreement, the registrar must give a sealed copy of the registered agreement, endorsed with the date of registration, to—

        (a)     each party to the agreement; and

        (b)     if applicable, any party to the arbitration who is not a party to the agreement.