Commonwealth Numbered Regulations

1994 No. 357 INDUSTRIAL RELATIONS COURT RULES - ORDER 1 RULE 3

3. In these Rules, unless the contrary intention appears:

"Act" means the Industrial Relations Act 1988;

"arbitration" means arbitration conducted under an arbitration order;

"arbitration order" means an order referring a matter to an arbitrator as
mentioned in Order 72, rule 1;

"arbitrator" means an arbitrator to whom a matter is referred under an
arbitration order;

"Australia" or "the Commonwealth" means the Commonwealth of Australia and when
used in a geographical sense includes external territories;

"authorised representative" means a person who is entitled under section 469
of the Act to represent a party or an intervener in a proceeding before the
Court; provided that a person who would be an authorised representative upon
the grant of leave by the Court to represent the party or intervener, shall be
deemed to be an authorised person up to the time at which the person is first
able to seek such leave;

"committee" includes a person entrusted under a law of the Commonwealth, or of
a State or Territory, with the care or management of the person or estate of a
mentally disabled person;

"Commonwealth" means the Commonwealth of Australia and includes a Territory;

"convention" means an agreement, arrangement, treaty or convention made
between the Crown in right of the Commonwealth or, where appropriate, in right
of a State, and a country other than Australia regarding legal proceedings in
civil matters;

"convention country" means a country other than Australia to which a
convention applies;

"corporation" includes any artificial person other than an organisation;

"Court" means the Industrial Relations Court of Australia constituted under
Part XIV of the Act;

"cross-claim" includes a counter-claim, cross-action, set-off, and third party
claim;

"directions hearing" means a directions hearing appointed in an application
pursuant to Order 4, and except for the purposes of computation of time within
which acts must be done, includes any other hearing on which the Court gives
directions as to the conduct of the proceedings;

"document" includes any record of information which is a document within the
definition contained in s.7A of the Evidence Act 1905 and any other material
data or information stored or recorded by mechanical or electronic means;

"document exchange box" means a box in a document exchange approved by the
Registrar;

"examination" includes where relevant an examination held pursuant to an order
made under Order 24, and, in proceedings under Part IIIB of the Evidence Act
1905, includes any proceeding for the taking of evidence of a person conducted
by the judicial authorities of a foreign country in relation to a letter of
request issued as a result of an order made by the Court under that Part;

"examiner" includes an officer of the Court or any other person appointed
under Order 24, or under paragraph 7V(1)(a) or (b) of the Evidence Act 1905,
for the purpose of an examination before the examiner of any person;

"hearing" includes any hearing before the Court, whether final or
interlocutory, and whether in open court or in chambers;

"Judge" means a Judge of the Court (including the Chief Judge) and in the
expression "the Court or a Judge" means a Judge sitting in chambers;

"Judicial Registrar" means a judicial registrar appointed under section 375 of
the Act;

"mediation" means mediation conducted under a mediation order;

"mediation or arbitration order" means a mediation order or an arbitration
order;

"mediation order" means an order referring a matter to a mediator as mentioned
in Order 72, rule 1;

"mediator" means a mediator to whom a matter is referred under a mediation
order;

"mentally disabled person" means a person who, owing to mental illness, is
incapable of managing his or her affairs in respect of the proceedings;

"minor" means a person under the age of 18;

"oath" includes affirmation;

"organisation" has the same meaning as in the Industrial Relations Act  1988 ;

"person under disability" means a minor or mentally disabled person;

"pleading" includes a statement of claim and a cross-claim to which Order 5
applies and subsequent pleadings, but does not include an application, notice
of motion or affidavit;

"proper place" in relation to any proceeding:

   (a)  where there has been no transfer means the place at which the
        proceeding was commenced;

   (b)  where there has been a transfer means the place to which the
        proceeding was transferred;

"Registrar" means the Registrar or a District Registrar of the Court, and
includes a Deputy Registrar or a Deputy District Registrar of the Court or
other officer for the time being discharging the duties of any one of them,
and when used in relation to any proceeding means the Registrar or District
Registrar at the proper place;

"Registry" includes the Principal Registry and a District Registry;

"Rules" means Industrial Relations Court Rules;

"Sheriff" includes a Deputy Sheriff or any person for the time being
discharging the duties of Sheriff or Deputy Sheriff;

"trial" includes any hearing other than an interlocutory hearing; and

"tutor" means a next friend, guardian ad litem or committee of a person or
estate of a person under disability.