83Practice and procedure generally

83 Practice and procedure generally

[Section 83 Inserted by No. 17 of 2021, s. 18, Applied:05 Nov 2021]

(1)  The provisions of a Division Schedule in relation to a stream of a Division apply in relation to proceedings in respect of the stream of that Division.

(2)  The Tribunal is to take measures that are reasonably practicable –

(a) to ensure that the parties to any proceedings have a reasonable opportunity to understand the nature of the matter under consideration; and

(b) to ensure that the parties to any proceedings understand the nature of any assertions made in the proceedings and the implications of those assertions; and

(c) to explain to the parties to any proceedings, if requested to do so, any aspect of the procedure of the Tribunal or any decision or ruling made by the Tribunal; and

(d) to ensure that the parties to any proceedings have the opportunity in the proceedings to be heard or otherwise have their submissions received.

(3)  The Tribunal –

(a) is to take all practicable steps to ensure that all relevant material is disclosed to the Tribunal so as to enable it to determine all the relevant facts in issue in any proceedings; and

(b) may decide the matters on which it will hear oral evidence or argument; and

(c) may permit or require evidence or argument to be presented in writing and may require such evidence to be verified by an oath or affirmation; and

(d) may limit the time available for presenting the respective cases of parties to proceedings that are before the Tribunal at a hearing to an extent that it considers would not impede the fair and adequate presentation of the cases; and

(e) may require a document to be served outside the State; and

(f) may adjourn any proceedings at any time and to any place, including for the purpose of enabling the parties to the proceedings to negotiate a settlement or for the purpose of reconsideration of a decision by the decision-maker; and

(g) may proceed to hear and determine proceedings in the absence of a party to the proceedings.