Commonwealth Numbered Regulations

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1994 No. 386 INDUSTRIAL RELATIONS REGULATIONS (AMENDMENT) - REG 7

7. New regulation 32AA
7.1 Insert in Part 6A, before regulation 32A: Recovery of wages etc.-small
claims procedure

"32AA. (1) For the purposes of paragraph 179C (b) of the Act, the manner in
which a person indicates that he or she wants a small claims procedure to
apply to an action that the person starts in a magistrate's court 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 magistrate's 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 giving a copy of the papers initiating the action, together with a
        copy of the paper (if any) mentioned in subparagraph (a) (ii), to
        every other party to the action.



"(2) Subregulation (1) does not apply to an action that a person starts in a
magistrate's 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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