Practice Note - Coal Miners Workers Compensation List (Civil).doc

Practice Note - Coal Miners Workers Compensation List (Civil).doc

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Practice Note DC (Civil) No. 12 Coal Minters’ Workers Compensation List 1. Application 1.1 This Practice Note applies to proceedings in the Coal Miners' Workers Compensation List and replaces the Practice Note dated 29 March 2012. 1.2 Schedule 6, Part 18 of the Workers Compensation Act 1987 makes special provision relating to coal miners. Clause 3.1 provides that subject to that clause the 2001 amendments do not apply to coal miners and that this Act and the Workplace Injury Management and Workers Compensation Act 1998 (and the regulations made under those Acts) apply to coal miners' claims as if the 2001 amendments had not been enacted. 1.3 The Compensation Court Repeal Act 2002 conferred on the District Court, effective from 1 January 2004, jurisdiction to examine, hear and determine all coal miner matters (except common law matters). Refer to Division 8A of the District Court Act 1973 (Residual Jurisdiction of Court). 1.4 The rules relating to proceedings in the Coal Miners' Workers Compensation List are contained in Schedule 11 to the Uniform Civil Procedure Rules 2005. 2. Statements of Claim 2.1 A statement of claim must be lodged with certification that the commencement of such proceedings is not contrary to sections 101, 102 or 103 of the 1998 Act. 2.2 Upon filing a statement of claim the matter will be listed before the Registrar on a date approximately 2 months after filing 2.3 At this mention before the Registrar, the parties will be expected to advise the Court on the matter's readiness to proceed to conciliation, including the availability of medical evidence, wage material (where relevant) and any outstanding requests for particulars 3. Conciliation 3.1 The Sydney and Newcastle Registries refer all statements of claim to a conciliator for conciliation.
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