sec.123WCommission or Industrial Magistrates Court may require settlement conference

sec.123W Commission or Industrial Magistrates Court may require settlement conference

At any time after a proceeding for a relevant claim is started, the commission or an Industrial Magistrates Court may direct that a conference ( settlement conference ) be held. However, if the relevant claim has been referred to conciliation under section 507C or 547C of the Act , the commission or Industrial Magistrates Court may act under subrule (1) only if— the conciliation is not proceeding under section 507C (5) or 547C (5) of the Act ; or the conciliation has finished. A settlement conference may consider the following matters— the possibility of settling the proceeding at the settlement conference without a hearing; the simplification of the issues; the possibility of obtaining admissions that may facilitate the hearing or reduce costs; the necessity or desirability of further or better particulars of the relevant claim; the amount of any damages; the possible length of any hearing; the burden of costs a party may have to bear; anything else that may help dispose of the proceeding. The commission or Industrial Magistrates Court may direct that— the settlement conference be held at the date, time and place stated in the direction; and all parties attend personally or, for a corporation, by a person with authority to compromise the claim for the corporation. Also, an Industrial Magistrates Court may direct that the settlement conference be held by a registrar of a Magistrates Court. If the commission or Industrial Magistrates Court acts on its own initiative, the commission or Industrial Magistrates Court must give the parties at least 2 business days notice of— the date, time and place of the settlement conference; and if the Industrial Magistrates Court makes a direction under subrule (5) —the fact that the registrar of the Magistrates Court will hold the settlement conference. The commission or Industrial Magistrates Court may adjourn a proceeding listed for hearing so a settlement conference may be held. r 123W ins 2021 SL No. 10 s 38 (sec.123W-ssec.1) At any time after a proceeding for a relevant claim is started, the commission or an Industrial Magistrates Court may direct that a conference ( settlement conference ) be held. (sec.123W-ssec.2) However, if the relevant claim has been referred to conciliation under section 507C or 547C of the Act , the commission or Industrial Magistrates Court may act under subrule (1) only if— the conciliation is not proceeding under section 507C (5) or 547C (5) of the Act ; or the conciliation has finished. (sec.123W-ssec.3) A settlement conference may consider the following matters— the possibility of settling the proceeding at the settlement conference without a hearing; the simplification of the issues; the possibility of obtaining admissions that may facilitate the hearing or reduce costs; the necessity or desirability of further or better particulars of the relevant claim; the amount of any damages; the possible length of any hearing; the burden of costs a party may have to bear; anything else that may help dispose of the proceeding. (sec.123W-ssec.4) The commission or Industrial Magistrates Court may direct that— the settlement conference be held at the date, time and place stated in the direction; and all parties attend personally or, for a corporation, by a person with authority to compromise the claim for the corporation. (sec.123W-ssec.5) Also, an Industrial Magistrates Court may direct that the settlement conference be held by a registrar of a Magistrates Court. (sec.123W-ssec.6) If the commission or Industrial Magistrates Court acts on its own initiative, the commission or Industrial Magistrates Court must give the parties at least 2 business days notice of— the date, time and place of the settlement conference; and if the Industrial Magistrates Court makes a direction under subrule (5) —the fact that the registrar of the Magistrates Court will hold the settlement conference. (sec.123W-ssec.7) The commission or Industrial Magistrates Court may adjourn a proceeding listed for hearing so a settlement conference may be held.