NSWIn ForceRegulation
Dust Diseases Tribunal Regulation 2019
93Withdrawal of acceptance
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#### 93 Withdrawal of acceptance
93 Withdrawal of acceptance
> > (1) A party who accepts an offer may withdraw the acceptance in either of the following circumstances by serving written notice of withdrawal on the party making the offer—
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> > > (a) if the offer provides for payment of money, or the doing of any other act, and the sum is not paid to the party who accepts the offer or into the Tribunal, or the act is not done, within 28 days after acceptance of the offer or within any other time as the offer provides,
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> > > (b) if the Tribunal grants the party leave to withdraw the acceptance.
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> > (2) If acceptance of an offer is withdrawn—
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> > > (a) except as provided by paragraphs (b) and (c), all steps in the proceedings that have been taken as a consequence of the offer having been accepted cease to have effect, and
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> > > (b) the Tribunal may give directions—
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> > > > (i) to restore the parties as nearly as may be to their positions at the time of the acceptance, and
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> > > > (ii) to give effect to any steps in the proceedings that have been taken as a consequence of the offer having been accepted, and
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> > > > (iii) to provide for the further conduct of the proceedings,
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> > > and may do so either after the offer is withdrawn or when granting leave to withdraw the offer, and
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> > > (c) if the claim was subject to the claims resolution process when the offer was accepted, the claim is once again subject to the claims resolution process at the stage and with any steps having been taken as part of that process as was the situation immediately before the offer was accepted.