Notice Consenting or Opposing Interlocutory Application (Form AS8)

When a party lodges an interlocutory application (WorkCover WA form AS7) asking an arbitrator for procedural orders, r 45 of the Workers Compensation and Injury Management Arbitration Rules 2024 (WA) requires each party who receives a copy of the sealed application to reply, not less than 2 working days before the time fixed for hearing it. The reply is a notice either consenting to the application or opposing it and specifying the grounds, and a copy of the sealed notice must be given to each other party (r 45(1)). If a party does not reply or does not give the copies, the application may be determined as if it were not disputed (r 45(2)). AS8 is WorkCover WA's form for the reply.

When you need it

• You have received a sealed interlocutory application (AS7) in an arbitration, for example for leave to file late evidence, join a party, adjourn or obtain production of documents.
• You agree to the orders sought and want to record your consent.
• You oppose the orders and need to set out your grounds before the hearing.

1. 1

   Section A - case details

   Enter the case number and the applicant and respondent exactly as they appear on the Application for Arbitration.

2. 2

   Lodged by

   Tick who is lodging: worker, employer, insurer, their representatives, a dependant, a service provider or other.

3. 3

   Section B - consent or opposition

   Tick whether you consent to or oppose the orders sought in the interlocutory application. If you oppose, state the grounds (r 45(1)(a)(ii)).

4. 4

   Section C - signature

   Sign, print your name and date the notice.

• Lodge the notice, and give a sealed copy to each other party, not less than 2 working days before the hearing of the interlocutory application, unless an arbitrator orders otherwise (r 45(1)).
• Lodge through WorkCover WA Online, the electronic document system (EDS), unless you are EDS exempt (r 61). A self-represented party who is not an insurer or self-insurer is exempt (r 62); for an employer, self-represented means uninsured.
• 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). An email lodgement must give the sender's name, email address and phone number and describe the document (r 63(3)).
• 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.

• Count back 2 working days from the listed hearing time. Late replies risk the application being decided as if it were not disputed (r 45(2)).
• Give real grounds. If you oppose an adjournment, for example, say why the delay would prejudice you.
• Serving the sealed notice is part of the requirement, not an optional extra (r 45(1)(b)).