FW Act small claims procedures to apply to actions under WR Act
5.13 FW Act small claims procedures to apply to actions under WR Act
This regulation is made for item 13 of Schedule 2 to the Act.
The operation of section 724 of the WR Act, as it continues to apply under item 11 of Schedule 2 to the Act, is modified as if the section read as follows:
‘724 Plaintiffs may choose small claims procedure
An action under section 720 or 721 is to be dealt with as small claims proceedings under section 548 of the Fair Work Act 2009 if:
the action is started in a magistrate’s court or the Federal Circuit and Family Court of Australia (Division 2); and
the person starting the action indicates, in a manner prescribed by regulations under the Fair Work Act 2009 or by the rules of the court, that he or she wants the small claims procedure to apply to the proceedings.
In regulations mentioned in paragraph (1)(b), a reference to paragraph 548(1)(c) of the Fair Work Act 2009 is taken to be a reference to paragraph (1)(b).’
Item 25 of Schedule 17 to the Act confers jurisdiction on the Federal Circuit and Family Court of Australia (Division 2) in relation to any civil matter arising under the WR Act as it continues to apply because of the Act.
The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.