143Parties' right to be heard

143 Parties' right to be heard

(1)  [Section 143 Subsection (1) amended by No. 18 of 2021, s. 37, Applied:05 Nov 2021] Subject to this section, the matter to be resolved in a proceeding, to which this Act relates, that is before the Tribunal is to be resolved by the Tribunal on the evidence placed before it after all parties have been given a reasonable opportunity to be heard.

(2)  [Section 143 Subsection (2) amended by No. 18 of 2021, s. 37, Applied:05 Nov 2021] Subject to this section, an order made by the Tribunal in relation to a proceeding to which this Act relates is lawful and effectual whether or not all parties to the proceeding have presented their cases.

(3)  If –

(a) [Section 143 Subsection (3) amended by No. 18 of 2021, s. 37, Applied:05 Nov 2021] the matter to be resolved has been determined in the absence of a party to the relevant proceeding to which this Act relates; and

(b) that party has, within 5 business days after the party receives notice of the order made by the Tribunal, applied to the Tribunal for a rehearing –

the Tribunal may order that the matter be reheard if it appears to it that it is just and reasonable to do so.

(4)  An order under subsection (3) is –

(a) to be subject to the terms and conditions, if any, specified by the Tribunal, including terms and conditions as to the payment of costs; or

(b) to be unconditional, if the Tribunal is satisfied that no substantial injustice will be caused to a party to the relevant proceeding.

(5)  On an order being made under subsection (3) for the rehearing of an application for referral –

(a) the Registrar must give notice to all parties to the relevant proceeding of the making of the order and of the time and place appointed for the rehearing; and

(b) the order of the Tribunal made on the first hearing ceases to have effect unless it is restored under .