Notices of Motion

Practice Note No. 10

Issued 26 November 2002, re-issued 1 February 2010

Re-issued pursuant to Section 185A of the Industrial Relations Act 1996 and Section 15 of the Civil Procedure Act 2005

1. The purposes of this Practice Note are:

a) to clarify and remove doubts as to the requirements for Notices of Motion filed in proceedings under the Industrial Relations Act 1996 and related legislation and 

b) to ensure that an affidavit in support is filed with any Notice of Motion lodged in any matter before the Industrial Relations Commission of New South Wales.

2. This Practice Note has effect from the date of re-issue.

3. For the purpose of this Practice Note:

'the Commission' means the Industrial Relations Commission of New South Wales and includes the Industrial Relations Commission of New South Wales in Court Session, an Industrial Committee, the Contract of Carriage Tribunal and the Industrial Registrar.

4. Unless leave is otherwise granted by the Commission, a party or person filing a Notice of Motion in a matter before the Commission must file an affidavit in support thereof, setting out briefly and concisely the facts upon which the Notice of Motion is based.

Boland J, President
1 February 2010