In proceedings before the Court, the Court shall apply the Licensing Court Rules 2012. All initiating documents and other Court documents are in the form, prescribed by the Rules and can be accessed on the Industrial Court website: .
A party with proceedings before the Court may appear in the proceedings:
- personally; or
- by counsel; or
- if the party is a member of a genuine association formed to promote or protect the interests of a particular section of the liquor industry, or employees in the liquor industry by an officer or employee of that association; or
- if the party is a trust or corporate entity, then by an officer or employee of that entity; or
- by leave of the Court by any other person.
The Commissioner of Police may be represented in proceedings before the Court by a police officer.
A person is guilty of an offence (maximum penalty $2500) if:
- having been served with a summons to attend before the Court fails, without reasonable excuse, to attend in obedience to the summons; or
- having been served with a summons to produce records fails, without reasonable excuse, to comply with the summons; or
- they refuse to be sworn or to affirm, or to answer a relevant question when required to do so by the Court
Power to Award Costs
If, in the opinion of the Court:
- a person has brought proceedings frivolously or vexatiously, or
- a person has exercised the right to object to an application, lightly or vexatiously the Court may award costs against that person.
Appeal from Orders and Decisions of the Court
Appeals to the Supreme Court
A party with proceedings before the Court may, by leave of the Supreme Court, appeal against any order or decision of the Court.
However, no appeal lies against:
- an order or decision of the Court made on a review of a decision of the Commissioner; or
- an order or decision of the Court excluded from appeal under a provision of this or some other Act.
An appeal must be commenced within the time, and in accordance with the procedure, prescribed by rules of the Supreme Court.
An appeal under this section must be heard and determined by the Full Court.
On an appeal, the Supreme Court may:
- affirm, vary or quash the order or decision subject to the appeal;
- make any order or decision that should, in the opinion of the Supreme Court, have been made in the first instance;
- remit the subject matter of the appeal for further hearing by the Court;
- make any incidental or ancillary order.