Workers Compensation and Injury Management Arbitration Rules 2024

A party may lodge an interlocutory application if —

the party has consulted each other party affected by the application with a view to resolving the matters giving rise to the application; and

the application is endorsed with, or is lodged together with a document containing, a statement, signed by the party or the party’s representative, to the effect that the consultation required by paragraph (a) has occurred.

Despite subrule (1), an arbitrator may permit an interlocutory application to be lodged without the consultation referred to in subrule (1)(a) if the arbitrator is of the view that there are exceptional circumstances that justify lodging the application without the consultation.

An interlocutory application must include an explanation as to why the subject matter of the application was not addressed in the arbitration application or the reply to the application (as the case requires) or at a directions hearing in respect of the application, if applicable.

The party who lodges the interlocutory application must, within 2 working days after the day on which the application is accepted by the Registrar, give a copy of the sealed application to each other party to the proceeding.