14CPending court proceedings

#### 14C Pending court proceedings 14C Pending court proceedings > > (1) This clause applies in relation to pending proceedings before a court— > > > > > (a) on an appeal against, or for the judicial or other review of, a decision of an original decision-maker in pre-establishment proceedings, or > > > > > (b) on a claim for work injury damages, or > > > > > (c) on a claim for damages in respect of a motor accident to which the motor accidents legislation applies. > > > (2) The court may, on and from the establishment day, continue to deal with the proceedings until they are completed. > > > (3) The following provisions apply to the completion of proceedings under this clause— > > > > > (a) the court continues to have and may exercise all the functions that the court had in relation to the proceedings immediately before the establishment day, > > > > > (b) the provisions of any Act, statutory rule or other law that would have applied to or in respect of the proceedings had this Act not been enacted continue to apply. > > > (4) Without limiting subclause (3), if the original powers of the court included the power to remit the proceedings to be heard and decided again by the original decision-maker, the court may, in determining the proceedings— > > > > > (a) remit the proceedings instead to the new decision-maker, and > > > > > (b) make any other orders it considers appropriate to facilitate the remitting of the proceedings to the new decision-maker. > > > (5) If the court remits the proceedings to the new decision-maker under subclause (4)— > > > > > (a) the provisions of any Act, statutory rule or other law that would have applied to or in respect of the determination of the proceedings had this Act not been enacted continue to apply, and > > > > > (b) despite paragraph (a), Division 3.2 of this Act applies to the proceedings, including section 30, but only if— > > > > > > > (i) the proceedings concern a compensation claim within the meaning of Division 3.2, and > > > > > > > (ii) a person with standing to whom section 26(1) applies makes an application to the District Court in accordance with that section. > > > (6) To avoid doubt, if the District Court remits a matter to which subclause (5)(b) applies to the new decision-maker under section 26, the modifications made by subclause (5)(a) continue to apply in relation to the determination of the proceedings.