STATUTORY RULES.
1946. No. 37.
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REGULATION UNDER THE COMMONWEALTH EMPLOYEES’ COMPENSATION ACT 1930-1944.*
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Commonwealth Employees’ Compensation Act 1930-1944.
Dated this twenty-seventh day of February, 1946.
HENRY
Governor-General.
By His Royal Highness’s Command,
J. B. CHIFLEY
Treasurer.
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Amendment of the Employees’ Compensation Regulations.†
Costs of appeal.
Regulation 12 of the Employees’ Compensation Regulations is amended by omitting sub-regulations (2.) and (3.) and inserting in their stead the following sub-regulations:—
“(2.) Where a Court allows costs in pursuance of sub-regulation (1.) of this regulation, the Court shall make an order directing by whom and to whom the costs are to be paid and any costs so awarded shall, in default of agreement between the parties as to the amount of the costs, be taxed according to the scale which would be applicable if the proceeding had been an action in the Court, and the laws in force for the time being with respect to the allowance and taxation of costs in any such action and with respect to objections and the review of taxation by the taxing officer shall apply accordingly.
“(3.) Where the subject-matter of the application or appeal is not a capital sum, the Court shall, for the purpose of the allowance and the taxation of costs, direct what shall be considered to be the amount of the subject-matter of the application or appeal and, in default of any such direction, the amount shall be fixed by the taxing officer by whom the costs are to be taxed, subject to review by the Court.
“(3a.) Where there is no provision for the taxing of costs in the Court, the Court shall, in default of agreement between the parties as to the amount of the costs, fix the amount of the costs upon the principles set out in sub-regulations (2.) and (3.) of this regulation.”.
* Notified in the Commonwealth Gazette on 28th February, 1946.
† Statutory Rules 1945, No. 23.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
611.—Price 3d.