Document ID: chunk:federal_register_of_legislation:F2023C00085:reg:119:p21
Version: federal_register_of_legislation:F2023C00085
Segment Type: reg
Provision Reference: reg 119 (pt 21/23)
Character Range: 215756–218446

In this Division:
small claim means a claim mentioned in section 548 of the Fair Work Act.
small claims application means an application dealt with under this Division.

30.10  Small claims procedure
 (1) An applicant may request that an application for compensation be dealt with under this Division if:
 (a) the compensation is not more than $20,000; and
 (b) the compensation is for an entitlement mentioned in subsection 548(1A) of the Fair Work Act.
 (2) An applicant may request that an application made under subsection 548(1B) of the Fair Work Act be dealt with under this Division.
Note: Subsection 548(1B) applies to proceedings in connection with a dispute relating to conversion of casual employment to full‑time or part‑time employment.
 (3) The Court is not bound by any rules of evidence and procedure when dealing with a small claims application and may act:
 (a) in an informal manner; and
 (b) without regard to legal forms and technicalities.

30.11  Starting proceedings
  A small claims application must:
 (a) be in accordance with the approved form; and
 (b) be accompanied by a claim in accordance with the approved form.
Note 1: Sections 545, 545A and 548 of the Fair Work Act state the orders the Court may make.
Note 2: Part 4 of Chapter 1 of these Rules sets out general rules about starting proceedings.
Note 3: An application filed under this rule need not be accompanied by an affidavit, statement of claim or points of claim (see rule 4.04).

30.12  Lawyers—Fair Work Act small claims proceeding
 (1) A party to a small claims application may not be represented by a lawyer without the leave of the Court.
 (2) If the Court gives a party leave to be represented by a lawyer, the leave may be given subject to conditions the Court considers appropriate.
 (3) For the purposes of subrule (1), a party is not taken to be represented by a lawyer if the lawyer is an employee or officer of the party.

30.13  Representation for corporations—Fair Work Act small claims proceeding
  Despite rule 9.04, an officer or employee of a corporation may represent the corporation in a small claims proceeding under this Division if the officer or employee is authorised by the corporation to represent the corporation in the proceeding.

Division 30.5—Dispute resolution

30.14  Mediation—Fair Work Act and Registered Organisations Act proceedings
 (1) This rule applies if the Court refers for mediation under section 169 of the Act a proceeding, or a part of a proceeding, or a matter arising out of a proceeding, to which this Part applies.
Note: The Court may refer a proceeding for mediation under section 169 of the Act with or without the consent of the parties.
 (2)