QLDIn ForceAct
Land Court Act 2000
sec.27CADR process applies to proceedings started under this part
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### sec.27C ADR process applies to proceedings started under this part
The Civil Proceedings Act 2011 , part 6 (the ADR provisions ) applies to proceedings started under this part.
However, to the extent the cost provisions of the ADR provisions do not provide for a matter, section 27A applies.
Without limiting subsection (1) , for a relevant ADR process—
each party to a proceeding who participates in the ADR process must be prepared to identify and discuss the issues in dispute in an attempt to negotiate a settlement; and
if a party is represented in the ADR process by a lawyer or agent—
the lawyer or agent must have authority to settle the matter or any issue discussed; or
if it is not practicable for the lawyer or agent to have the authority mentioned in subparagraph (i) —the lawyer or agent must have the authority to make a recommendation to the party about settling the matter or any issue discussed.
In applying the ADR provisions to a proceeding under this part—
a reference to a court is taken to be a reference to the Land Court; and
definitions and other interpretative provisions of the Civil Proceedings Act 2011 relevant to the ADR provisions apply.
In this section—
relevant ADR process means an ADR process within the meaning of the Civil Proceedings Act 2011 , section 39 , other than to the extent the section refers to case appraisal.
s 27C (prev s 37) sub 2011 No. 45 s 158
amd 2017 No. 17 s 143 ; 2020 No. 15 s 129 (1) – (2)
reloc and renum 2020 No. 15 s 129 (3)
(sec.27C-ssec.1) The Civil Proceedings Act 2011 , part 6 (the ADR provisions ) applies to proceedings started under this part.
(sec.27C-ssec.2) However, to the extent the cost provisions of the ADR provisions do not provide for a matter, section 27A applies.
(sec.27C-ssec.3) Without limiting subsection (1) , for a relevant ADR process— each party to a proceeding who participates in the ADR process must be prepared to identify and discuss the issues in dispute in an attempt to negotiate a settlement; and if a party is represented in the ADR process by a lawyer or agent— the lawyer or agent must have authority to settle the matter or any issue discussed; or if it is not practicable for the lawyer or agent to have the authority mentioned in subparagraph (i) —the lawyer or agent must have the authority to make a recommendation to the party about settling the matter or any issue discussed.
(sec.27C-ssec.4) In applying the ADR provisions to a proceeding under this part— a reference to a court is taken to be a reference to the Land Court; and definitions and other interpretative provisions of the Civil Proceedings Act 2011 relevant to the ADR provisions apply.
(sec.27C-ssec.5) In this section— relevant ADR process means an ADR process within the meaning of the Civil Proceedings Act 2011 , section 39 , other than to the extent the section refers to case appraisal.
- (a) each party to a proceeding who participates in the ADR process must be prepared to identify and discuss the issues in dispute in an attempt to negotiate a settlement; and
- (b) if a party is represented in the ADR process by a lawyer or agent— (i) the lawyer or agent must have authority to settle the matter or any issue discussed; or (ii) if it is not practicable for the lawyer or agent to have the authority mentioned in subparagraph (i) —the lawyer or agent must have the authority to make a recommendation to the party about settling the matter or any issue discussed.
- (i) the lawyer or agent must have authority to settle the matter or any issue discussed; or
- (ii) if it is not practicable for the lawyer or agent to have the authority mentioned in subparagraph (i) —the lawyer or agent must have the authority to make a recommendation to the party about settling the matter or any issue discussed.
- (i) the lawyer or agent must have authority to settle the matter or any issue discussed; or
- (ii) if it is not practicable for the lawyer or agent to have the authority mentioned in subparagraph (i) —the lawyer or agent must have the authority to make a recommendation to the party about settling the matter or any issue discussed.
- (a) a reference to a court is taken to be a reference to the Land Court; and
- (b) definitions and other interpretative provisions of the Civil Proceedings Act 2011 relevant to the ADR provisions apply.