Australian Capital Territory Numbered Regulations

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WORKERS COMPENSATION RULES 2002 (NO 21 OF 2002) - REG 28

Necessary parties

    (1)     A person whose participation is necessary for the court to completely and finally decide all matters in issue in an arbitration must be included as a party in the arbitration.

Example

If both a principal and a contractor, or more than 1 employer, may be liable in relation to the compensable injury, each of them must be included as a respondent.

Note     An example is part of the rules, is not exhaustive and may extend, but does not limit, the meaning of the rule in which it appears (see Legislation Act 2001 , s 126 and s 132).

    (2)     The court may require a person to be included as a party.

Example

If, for an application on behalf of dependants of a dead worker, a dependant fails to join in the application, the dependant may be included as a respondent.

    (3)     Each party other than the applicant is a respondent.

    (4)     The court may decide a claim even if a person is incorrectly included or not included as a party.



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