Western Australian Consolidated Regulations

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INDUSTRIAL RELATIONS COMMISSION REGULATIONS 2005 - REG 103A

103A .         Discontinuance of appeal to Full Bench

        (1)         An appeal to the Full Bench cannot be discontinued other than under an order of the Full Bench.

        (2)         The appellant in an appeal from a decision of the Commission may at any time apply to the Full Bench for an order discontinuing the appeal —

            (a)         by lodging a notice of application in Form 1; and

            (b)         by serving a stamped copy of the notice on each person who was a party to the proceedings before the Commission, or on the agent or solicitor who represented that party; and

            (c)         by having a declaration of service completed, and filing the declaration.

        (3)         The declaration of service must be in an approved form.

        (4)         On an application for an order to discontinue an appeal the Full Bench, after giving the parties served with the application an opportunity to be heard or make submissions —

            (a)         may grant or refuse the application; and

            (b)         may in addition make any other order that is just.

        [Regulation 103A inserted in Gazette 22 Jan 2008 p. 193-4.]



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