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Change to court rules ‘would allow Supreme Court to recognise Tribunal judgements more quickly’

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Chief Justice Sir Ian Winder.

By JADE RUSSELL

Tribune Staff Reporter

jrussell@tribunemedia.net

CHIEF Justice Ian Winder said changes to court rules would resolve a deficiency in the structure of the Industrial Tribunal by allowing the Supreme Court to recognise Tribunal judgements more quickly.

CJ Winder said a current defect in enforcing Tribunal judgements is that litigants must secure the leave of the Supreme Court to have their judgements enforced.

He said he would take advantage of new civil procedure rules that allow the court “to be nimble in responding to the needs of our stakeholders.”

He said a rule change would let a successful Tribunal litigant apply in a prescribed form so that the judgment could be seamlessly recognised as a judgment of the Supreme Court.

“The application will be heard on the papers, that is, without a formal hearing, by a registrar,” he said. “And once all of the boxes are ticked, leave will be granted to the judgment creditor. It would then be up to the unsuccessful party to try and have that leave set aside on very limited grounds. It is hoped that this will provide some relief while the Industrial Tribunal’s reform takes place.”

CJ Winder made his comments during the Opening of the Legal Year for the Industrial Tribunal.

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