100Procedure for compulsory conferences

100 Procedure for compulsory conferences

[Section 100 Inserted by No. 17 of 2021, s. 18, Applied:05 Nov 2021]

(1)  A compulsory conference may, at the discretion of the member of the Tribunal presiding at the conference, be adjourned or reconvened from time to time.

(2)  Unless the member of the Tribunal presiding at the conference directs otherwise, a compulsory conference is to be held in private.

(3)  Subject to this section and except to the extent to which the Tribunal rules may specify the procedure for a compulsory conference, the member of the Tribunal presiding at a compulsory conference may determine the procedure for the conference.

(4)  The member of the Tribunal presiding at a compulsory conference may do any one or more of the following:

(a) if that member is not the President or a Deputy President – refer any question of law to the President or a Deputy President for determination;

(b) require a party to the proceedings to provide particulars of the party’s case;

(c) determine who, apart from the parties to the proceedings and their representatives, may be present at the conference;

(d) adjourn the conference if the member considers it may assist in enabling the parties to attempt to reach a settlement;

(e) on his or her own initiative, close the conference at any time if, in his or her opinion, settlement cannot be reached;

(f) permit a party to the proceedings to withdraw from the proceedings, and make any consequential order that is appropriate in the circumstances;

(g) determine a matter against any party to the proceedings who obstructs or delays the conference, fails to attend the conference or fails to comply with a Tribunal rule or an order of the Tribunal and, in so doing, make any order as the member of the Tribunal considers fit, including an order as to costs;

(h) do other things for which the Tribunal rules provide.

(5)  If a question of law is referred to the President or a Deputy President under subsection (4)(a) , the President or Deputy President may reserve the question in the form of a special case stated for the opinion of the Supreme Court under .