Western Australian Industrial Relations Commission

Some Legal Terms

GUIDE TO SOME TERMS USED

Affidavit

A formal written statement that you have sworn or affirmed, setting out the facts of your case (your evidence).

 

Conduct money

When a summons is served, the person serving it must provide the person summonsed with sufficient money for return travel between that person's residence or employment (whichever is appropriate) and the Commission. For example, bus or train fares.

 

Directions

Instructions given by the a Commissioner or an Industrial Magistrate which you must comply with. For example, you may be directed when to file documents.

 

Directions hearing

The first date that an application for final orders comes before the Commission. Orders are made about the way that your case will proceed through the Commission. For example, orders about when documents are to be filed or orders for a conciliation conference.

 

Discoverable documents

Documents that you have in your possession, custody or control which are relevant to your case. Possession, custody or control is a legal term which covers more than documents in your physical possession. If you have questions about this term, seek legal advice.

 

Discovery

A process where one side provides to the other side a list of documents in their possession, custody or control which are relevant to the case. Possession, custody or control is a legal term which covers more than documents in your physical possession. If you have questions about this term, seek legal advice.

 

File

To lodge a document in the Registry of the Commission and have it stamped with the seal of the Commission.

 

For Mention

Used where an application is set down for hearing but only to deal formally with a preliminary issue not to deal with the merit of the application. It is similar to a Directions Hearing. A preliminary issue includes such things as whether the application has been served on the other party, or whether the other party is correctly named, or it may be to discuss what dates are suitable for hearing the merit of the application or even whether the application should be dismissed because of a preliminary issue.

 

Notice to Produce

You may have had this notice served on you. It requires you to bring certain documents to your hearing. You may also make an application to have a notice to produce served on the other party.

 

Party/Parties

You and the other side are parties to the proceedings.

 

Practice Directions

These are directions issued by the Commission about practices and procedures to be followed in cases.

 

Waiver of the fees

You can apply for a remission of the fees. This means that you do not have to pay certain fees that the Commission charges. If you hold certain Social Security cards or can show financial hardship, you may not have to pay certain fees. You can get the form to apply for a waiver of the fees at the Registry of the Commission.

 

Serve

To formally provide documents to the other side. The Registrar is responsible for serving all documents filed, except a summons or appeal books.  You can ask at the Registry of the Commission about serving either of those documents.

 

Summons to Witness

A document issued by the Commission which requires a person to come to the Commission to give evidence and/or bring documents or other things to the Commission.

 

Sworn or Affirmed

When you have made a solemn promise to confirm the truth of your evidence. An affidavit must be sworn or affirmed before a justice of the peace, a notary public, a lawyer with sufficient experience, or a Commissioner for taking affidavits.

Contact Us

Western Australian Industrial Relations Commission
17th Floor
111 St Georges Terrace
PERTH WA 6000

Phone : (08) 9420 4444
Facsimile : (08) 9420 4500
Free Call : 1800 624 263

Free Fax :1800 804 987

Email : Registry

 

You are here: Home > Guides and Procedures > Guides > Some Legal Terms