Interlocutory Application (Form AS7)

Rule 44 of the Workers Compensation and Injury Management Arbitration Rules 2024 (WA), made under the Workers Compensation and Injury Management Act 2023, lets a party lodge an interlocutory application once it has consulted each other party affected and the application includes a signed statement that the consultation happened (r 44(1)). An arbitrator may allow an application without consultation in exceptional circumstances (r 44(2)). The application must also explain why its subject was not dealt with in the application for arbitration, the reply or at a directions hearing (r 44(3)). AS7 is WorkCover WA's form for this. WorkCover WA's guide describes interlocutory orders as orders about the arbitration process, not decisions on the final outcome of the dispute.

When you need it

• You are a party to a dispute already in the Workers Compensation Arbitration Service and need a procedural order before the arbitration hearing.
• You want leave to amend a document, file a late document or evidence, file evidence not previously specified, join a party, call oral evidence (including from a medical practitioner) or file an additional expert report.
• You need an order for production of documents. The form says you must also complete the Order for Production of Documents or Material form.
• You want to adjourn a hearing. For an arbitration hearing, rule 48 requires the application to be lodged and served at least 5 working days before the hearing date, with supporting documents such as medical certificates.

1. 1

   Section A - case details

   Enter the case number and the applicant and respondent exactly as stated on the Application for Arbitration. Tick who is lodging: worker, employer, insurer, their representatives, a dependant, a service provider or other.

2. 2

   Section B - application details

   Tick the type of application (Q5), state the orders you seek (Q6), and give your reasons (Q7). The reasons must include why the matter was not addressed in the Application for Arbitration, the Reply or at a directions hearing (r 44(3)).

3. 3

   Section C - consultation

   At Q8 describe how you consulted each affected party, including dates of any oral communication and any reasons they gave for not agreeing. If you did not consult, Q9 is where you justify lodging without consultation; an arbitrator may only permit that in exceptional circumstances (r 44(2)).

4. 4

   Section D - procedure

   Say whether the application can be dealt with on the papers (Q10) and whether a hearing is required (Q11).

5. 5

   Section E - supporting documents

   List each document lodged with the application as evidence in support of the orders sought (Q12).

6. 6

   Section F - signature

   Sign, print your name and date the form. Section G (hearing details) is completed by the Arbitration Service only if an arbitrator decides not to deal with the application on the papers.

• Lodge through the electronic document system, WorkCover WA Online, unless you are EDS exempt (r 61). A self-represented party who is not an insurer or self-insurer is exempt, and the Registrar can exempt others (r 62). Exempt parties can still use WorkCover WA Online.
• Exempt parties can lodge by email to arbitration@workcover.wa.gov.au, in person at WorkCover WA, 2 Bedbrook Place, Shenton Park WA 6008 (Monday to Friday 8am to 4.30pm), or by post to the Workers Compensation Arbitration Service at that address (r 63 and the notes on the form).
• If lodging by post or in person, the form says to lodge the original and attachments plus a copy for each party. Sealed copies are returned to you to give to the other parties.
• Within 2 working days after the Registrar accepts the application, give a copy of the sealed application to each other party (r 44(4)).
• A party who receives it must, at least 2 working days before the hearing, lodge a reply consenting or opposing (WorkCover WA's form AS8) and give a sealed copy to each other party. If they do not, the application may be decided as if it were not disputed (r 45).

• Consult first. Rule 44(1) makes consultation with each affected party a precondition, and Section C is where you show it was done.
• Explain why the issue was not raised earlier. An application that does not address r 44(3) is missing a required element.
• An arbitration hearing can only be adjourned by an arbitrator, and only if a party would be significantly prejudiced without one (r 47). Within 5 working days of the hearing, an adjournment needs exceptional circumstances (r 49).
• Advice is available from WorkCover WA's Advice and Assistance line on 1300 794 744, as listed on the form.