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Queensland Civil and Administrative Tribunal Rules 2009
sec.3Philosophy
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### sec.3 Philosophy
The purpose of these rules is—
to ensure matters before the tribunal are dealt with in a way that is accessible, fair, just, economical, informal and quick; and
without limiting paragraph (a) , to guide the tribunal and parties to proceedings to resolve disputes consistently, economically and quickly, while allowing flexibility to cater for different needs of particular parties.
Accordingly, these rules are—
to provide for procedures that—
are the same for all proceedings, except where special procedures are required for proceedings for a particular class of matters to ensure the proper conduct of the proceedings; and
do not involve unnecessary and burdensome requirements; and
to be applied by the tribunal with the objectives of—
encouraging the early and economical resolution of disputes before the tribunal, including, if appropriate, through alternative dispute resolution processes; and
conducting proceedings in an informal way that minimises costs to parties, and is as quick as is consistent with achieving justice; and
recognising, and being responsive to, the diverse needs of persons who use the tribunal; and
for exercising its discretion under section 35 (6) or (7) or 61 of the Act , recognising that strict compliance with a procedural requirement in these rules may not always be necessary.
Under section 35 (6) or (7) of the Act , the tribunal may (on application by the principal registrar on his or her own initiative or at the request of the applicant) direct the principal registrar to accept an application or referral on stated conditions or no conditions.
Under section 61 of the Act the tribunal may (on its own initiative or on application by a party) waive compliance with a procedural requirement under these rules.
(sec.3-ssec.1) The purpose of these rules is— to ensure matters before the tribunal are dealt with in a way that is accessible, fair, just, economical, informal and quick; and without limiting paragraph (a) , to guide the tribunal and parties to proceedings to resolve disputes consistently, economically and quickly, while allowing flexibility to cater for different needs of particular parties.
(sec.3-ssec.2) Accordingly, these rules are— to provide for procedures that— are the same for all proceedings, except where special procedures are required for proceedings for a particular class of matters to ensure the proper conduct of the proceedings; and do not involve unnecessary and burdensome requirements; and to be applied by the tribunal with the objectives of— encouraging the early and economical resolution of disputes before the tribunal, including, if appropriate, through alternative dispute resolution processes; and conducting proceedings in an informal way that minimises costs to parties, and is as quick as is consistent with achieving justice; and recognising, and being responsive to, the diverse needs of persons who use the tribunal; and for exercising its discretion under section 35 (6) or (7) or 61 of the Act , recognising that strict compliance with a procedural requirement in these rules may not always be necessary. Under section 35 (6) or (7) of the Act , the tribunal may (on application by the principal registrar on his or her own initiative or at the request of the applicant) direct the principal registrar to accept an application or referral on stated conditions or no conditions. Under section 61 of the Act the tribunal may (on its own initiative or on application by a party) waive compliance with a procedural requirement under these rules.
- (a) to ensure matters before the tribunal are dealt with in a way that is accessible, fair, just, economical, informal and quick; and
- (b) without limiting paragraph (a) , to guide the tribunal and parties to proceedings to resolve disputes consistently, economically and quickly, while allowing flexibility to cater for different needs of particular parties.
- (a) to provide for procedures that— (i) are the same for all proceedings, except where special procedures are required for proceedings for a particular class of matters to ensure the proper conduct of the proceedings; and (ii) do not involve unnecessary and burdensome requirements; and
- (i) are the same for all proceedings, except where special procedures are required for proceedings for a particular class of matters to ensure the proper conduct of the proceedings; and
- (ii) do not involve unnecessary and burdensome requirements; and
- (b) to be applied by the tribunal with the objectives of— (i) encouraging the early and economical resolution of disputes before the tribunal, including, if appropriate, through alternative dispute resolution processes; and (ii) conducting proceedings in an informal way that minimises costs to parties, and is as quick as is consistent with achieving justice; and (iii) recognising, and being responsive to, the diverse needs of persons who use the tribunal; and (iv) for exercising its discretion under section 35 (6) or (7) or 61 of the Act , recognising that strict compliance with a procedural requirement in these rules may not always be necessary. Notes— 1 Under section 35 (6) or (7) of the Act , the tribunal may (on application by the principal registrar on his or her own initiative or at the request of the applicant) direct the principal registrar to accept an application or referral on stated conditions or no conditions. 2 Under section 61 of the Act the tribunal may (on its own initiative or on application by a party) waive compliance with a procedural requirement under these rules.
- (i) encouraging the early and economical resolution of disputes before the tribunal, including, if appropriate, through alternative dispute resolution processes; and
- (ii) conducting proceedings in an informal way that minimises costs to parties, and is as quick as is consistent with achieving justice; and
- (iii) recognising, and being responsive to, the diverse needs of persons who use the tribunal; and
- (iv) for exercising its discretion under section 35 (6) or (7) or 61 of the Act , recognising that strict compliance with a procedural requirement in these rules may not always be necessary. Notes— 1 Under section 35 (6) or (7) of the Act , the tribunal may (on application by the principal registrar on his or her own initiative or at the request of the applicant) direct the principal registrar to accept an application or referral on stated conditions or no conditions. 2 Under section 61 of the Act the tribunal may (on its own initiative or on application by a party) waive compliance with a procedural requirement under these rules.
- 1 Under section 35 (6) or (7) of the Act , the tribunal may (on application by the principal registrar on his or her own initiative or at the request of the applicant) direct the principal registrar to accept an application or referral on stated conditions or no conditions.
- 2 Under section 61 of the Act the tribunal may (on its own initiative or on application by a party) waive compliance with a procedural requirement under these rules.
- (i) are the same for all proceedings, except where special procedures are required for proceedings for a particular class of matters to ensure the proper conduct of the proceedings; and
- (ii) do not involve unnecessary and burdensome requirements; and
- (i) encouraging the early and economical resolution of disputes before the tribunal, including, if appropriate, through alternative dispute resolution processes; and
- (ii) conducting proceedings in an informal way that minimises costs to parties, and is as quick as is consistent with achieving justice; and
- (iii) recognising, and being responsive to, the diverse needs of persons who use the tribunal; and
- (iv) for exercising its discretion under section 35 (6) or (7) or 61 of the Act , recognising that strict compliance with a procedural requirement in these rules may not always be necessary. Notes— 1 Under section 35 (6) or (7) of the Act , the tribunal may (on application by the principal registrar on his or her own initiative or at the request of the applicant) direct the principal registrar to accept an application or referral on stated conditions or no conditions. 2 Under section 61 of the Act the tribunal may (on its own initiative or on application by a party) waive compliance with a procedural requirement under these rules.
- 1 Under section 35 (6) or (7) of the Act , the tribunal may (on application by the principal registrar on his or her own initiative or at the request of the applicant) direct the principal registrar to accept an application or referral on stated conditions or no conditions.
- 2 Under section 61 of the Act the tribunal may (on its own initiative or on application by a party) waive compliance with a procedural requirement under these rules.
- 1 Under section 35 (6) or (7) of the Act , the tribunal may (on application by the principal registrar on his or her own initiative or at the request of the applicant) direct the principal registrar to accept an application or referral on stated conditions or no conditions.
- 2 Under section 61 of the Act the tribunal may (on its own initiative or on application by a party) waive compliance with a procedural requirement under these rules.