Commonwealth Numbered Regulations

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FAIR WORK REGULATIONS 2009 (SLI NO 112 OF 2009) - REG 4.01

Plaintiffs may choose small claims procedure

         (1)   For paragraph 548 (1) (c) of the Act, the manner in which a person must indicate that he or she wants a small claims procedure to apply to an action that the person has commenced is:

                (a)    by:

                          (i)    endorsing the papers initiating the action with a statement that the person wants a small claims procedure to apply to the action; or

                         (ii)    lodging with the magistrates court or the Federal Magistrates Court a paper that identifies the action and states that the person wants a small claims procedure to apply to the action; and

               (b)    by serving a copy of the papers initiating the action, together with a copy of the paper (if any) mentioned in subparagraph (a) (ii), on every other party to the action.

         (2)   Subregulation (1) does not apply to an action that a person starts in a magistrates court or the Federal Magistrates Court if rules of court relating to that court prescribe the manner in which the person indicates that he or she wants a small claims procedure to apply to the action.



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