Uniform Civil Procedure Rules 1999

Despite rule 135, a defendant to an employment claim may take the following steps without first filing a notice of intention to defend—

apply to the court under section 42C of the Act for the court’s decision whether the claim is or is not an employment claim;

participate in a conciliation process;

apply to a court under section 42N of the Act for an order giving effect to an agreement reached in a conciliation process.

An application made under subrule (1)(a) or (c) must contain an address for service.

Despite rule 137, a notice of intention to defend an employment claim must be filed within 28 days after a conciliation certificate is filed, if the claim has not been entirely resolved during the conciliation process.

A notice of intention to defend an employment claim and the defence—

must be in the approved form; and

must include—

a response answering the plaintiff’s assertions in the employment claim and stating any amount the defendant admits owing the plaintiff; and

how any amount owing is worked out; and

why the defendant owes the amount.

To remove any doubt, it is declared that, subject to this rule, chapter 5 applies to a proceeding started by an employment claim.