Western Australian Consolidated Regulations Western Australian Consolidated Regulations (1) This regulation
applies to the procedure for listing of matters before the Full Bench in
proceedings under section 49 of the Act.
(2) The Registrar, on
proof of service of the notice of appeal on the parties required to be served,
and after satisfying himself or herself and certifying that
regulation 102(10)(b), (11A) and (11) have been complied with, is to
transmit the file and all relevant documents as required by the President to
the President.
(3) The Registrar may
be satisfied, and may certify, that regulation 102(11A)(g) and (h) have
been complied with, if the appellant expressly states, in writing, that there
has been full compliance with regulation 102(11A)(g) and (h).
(4) At the same time
as such file is transmitted to the President, the Registrar is to advise the
President in writing as to the estimated length of hearing and dates when
counsel, solicitors, agents, or the parties in person are available.
(5) Despite
subregulation (2), the Registrar may forward the file and documents to
the President for listing where any time limit imposed by the Act or
regulation 102 has not been complied with, and an application to extend
time for such compliance has been filed and served.
(6) Before the
President lists the matter for hearing the President is to request the Chief
Commissioner to allocate 2 members to the Full Bench for such hearing.
(7) On a request under
subregulation (6), the Chief Commissioner is to allocate 2 members to the
Full Bench and the President is to list the appeal for hearing.
(8) The President is
to cause the parties to be notified of the date of hearing in the form of
Form 15.
(9) After any such
appeal is listed for hearing, a party may upon an application to the Full
Bench in the form of Form 1 and these regulations apply to expedite the
hearing of the appeal.
[Regulation 103 amended in Gazette
28 Apr 2006 p. 1652; 10 Jul 2009 p. 2741.]