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Compliance and enforcementChapter 4 Civil remediesPart 4-1 Small claims procedureDivision 3

Regulation4.01

Division 3—Small claims procedure

4.01Plaintiffs may choose small claims procedure

(1) For the purposes of paragraphs 548(1)(c) and (1B)(b) 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 Circuit and Family Court of Australia (Division 2) 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 Circuit and Family Court of Australia (Division 2) 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.

(3) For subsection 548(8) of the Act, a party to small claims proceedings in the Federal Circuit and Family Court of Australia (Division 2) may be represented by an official of an industrial association if the party is granted leave to do so by the Federal Circuit and Family Court of Australia (Division 2).

(4) For subsection 548(8) of the Act, a party to small claims proceedings heard in a magistrates court may be represented by an official of an industrial association if:

(a) the party is granted leave to do so by that court; and

(b) the law of the State allows a party to be represented in that court, in the circumstances mentioned in paragraph (a), by officials of bodies representing interests related to the matters in dispute.

Fair Work Regulations 2009

Compilation date: 11/09/2021

71

Compilation No. 36

Registered: 19/10/2021

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