NSWIn ForceRegulation
Dust Diseases Tribunal Regulation 2019
35Timetable for conclusion of mediation
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#### 35 Timetable for conclusion of mediation
35 Timetable for conclusion of mediation
> > (1) Mediation of a claim must be concluded within—
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> > > (a) 45 business days for malignant claims involving only one defendant, or
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> > > (b) 60 business days for malignant claims involving more than one defendant, or
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> > > (c) 90 business days for non-malignant claims involving only one defendant, or
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> > > (d) 120 business days for non-malignant claims involving more than one defendant,
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> > after service of the plaintiff’s statement of particulars on the last of the original defendants.
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> > (2) A mediator may defer mediation (on one or more occasions) to allow the parties sufficient time to properly consider information provided before or during mediation or to allow time for information not yet available to be provided, but must not defer mediation if the mediator is of the opinion that deferral would result in substantial prejudice to a party or substantial delay.
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> > (3) Deferral of mediation may be for a period not exceeding (on each occasion of deferral) 5 business days for a malignant claim or 20 business days for a non-malignant claim.
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> > (4) The period of any deferral is to be added to the relevant period in subclause (1), so as to extend the period within which mediation of the claim concerned must be concluded.