sec.72Party fails to attend

sec.72 Party fails to attend

If a party to a proceeding does not attend a compulsory conference— the conference may proceed in the party’s absence; and if the person presiding is a member or an adjudicator, and all the parties present agree, the person may— make a decision adverse to the absent party and make any appropriate orders, including orders about costs; or order that the absent party be removed from the proceeding, and pay another party’s costs reasonably incurred by the other party as a result of the absent party’s involvement in the proceeding. Subsection (1) applies only if the person presiding over the compulsory conference is satisfied the absent party has been given notice of the conference under section 67 (2) . If a decision or order is made under subsection (1) (b) , this Act applies to the decision or order as if— the compulsory conference were a proceeding before the tribunal; and the decision or order were a decision or order made by the tribunal constituted for the proceeding. A person the subject of an order under subsection (1) (b) (ii) may apply to the tribunal to be reinstated as a party to the proceeding. The tribunal may reinstate the person as a party to the proceeding if satisfied the person had a reasonable excuse for not attending the compulsory conference. (sec.72-ssec.1) If a party to a proceeding does not attend a compulsory conference— the conference may proceed in the party’s absence; and if the person presiding is a member or an adjudicator, and all the parties present agree, the person may— make a decision adverse to the absent party and make any appropriate orders, including orders about costs; or order that the absent party be removed from the proceeding, and pay another party’s costs reasonably incurred by the other party as a result of the absent party’s involvement in the proceeding. (sec.72-ssec.2) Subsection (1) applies only if the person presiding over the compulsory conference is satisfied the absent party has been given notice of the conference under section 67 (2) . (sec.72-ssec.3) If a decision or order is made under subsection (1) (b) , this Act applies to the decision or order as if— the compulsory conference were a proceeding before the tribunal; and the decision or order were a decision or order made by the tribunal constituted for the proceeding. (sec.72-ssec.4) A person the subject of an order under subsection (1) (b) (ii) may apply to the tribunal to be reinstated as a party to the proceeding. (sec.72-ssec.5) The tribunal may reinstate the person as a party to the proceeding if satisfied the person had a reasonable excuse for not attending the compulsory conference.

• (a) the conference may proceed in the party’s absence; and
• (b) if the person presiding is a member or an adjudicator, and all the parties present agree, the person may— (i) make a decision adverse to the absent party and make any appropriate orders, including orders about costs; or (ii) order that the absent party be removed from the proceeding, and pay another party’s costs reasonably incurred by the other party as a result of the absent party’s involvement in the proceeding.