Commonwealth Consolidated Regulations

FAIR WORK (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS) REGULATIONS 2009 - REG 5.13

  (1)   This regulation is made for item   13 of Schedule   2 to the Act.

  (2)   The operation of section   724 of the WR Act, as it continues to apply under item   11 of Schedule   2 to the Act, is modified as if the section read as follows:

  '724   Plaintiffs may choose small claims procedure

  (1)   An action under section   720 or 721 is to be dealt with as small claims proceedings under section   548 of the Fair Work Act 2009 if:

  (a)   the action is started in a magistrate's court or the Federal Circuit and Family Court of Australia (Division   2) ; and

  (b)   the person starting the action indicates, in a manner prescribed by regulations under the Fair Work Act 2009 or by the rules of the court, that he or she wants the small claims procedure to apply to the proceedings.

  (2)   In regulations mentioned in paragraph   (1)(b), a reference to paragraph   548(1)(c) of the Fair Work Act 2009 is taken to be a reference to paragraph   (1)(b).'

Note:   Item   25 of Schedule   17 to the Act confers jurisdiction on the Federal Circuit and Family Court of Australia (Division   2) in relation to any civil matter arising under the WR Act as it continues to apply because of the Act.