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Consider whether there are sufficient reasons to apply to set aside the decision, direction or Order given in your absence, and gather the necessary evidence to support the Application.
File an Application to Set Aside at the Employment Claims Registry within 7 working days after the date on which the decision, direction or order was made.
E.g. If the decision, direction or Order is given or made on 3 April 2017, the last day an Applicant must file the Application is on 12 April 2017. If the last day of the period is a Saturday, Sunday or a Public Holiday, the Application may be filed on the next working day.
Things to bring:
For the purposes of the proceedings, you will be known as the Applicant and the other party will be known as the Respondent.
When the Application is filed, a Notice of Hearing will be issued to the Applicant and the Respondent to attend a Hearing at the ECT on a specified date and time.
The Applicant must serve one (1) copy of the Application to Set Aside on the Respondent within 7 working days after the Application is filed. The documents may be served by:
A Respondent who intends to contest the Application must file and serve a Response to the Application to Set Aside at the Employment Claims Registry within 7 working days after being served with the Application to Set Aside.
E.g. If the Respondent receives the Application to Set Aside on 3 July 2017, the last day the Respondent must file and serve the Response to the Application to Set Aside is on 12 July 2017. If the last day of the period is a Saturday, Sunday or a Public Holiday, the documents may be filed and served on the next working day. The documents may be served in accordance with the methods set out in the table at Step 4 above.
The Applicant and the Respondent must attend the Hearing on the specified date and time.
If the Tribunal or Registrar makes an order to set aside the Order, the Employment Claims Registry will prepare the Order and give a copy of the Order to the Applicant and Respondent.
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