90Proceedings being conducted to cause disadvantage

90 Proceedings being conducted to cause disadvantage

[Section 90 Inserted by No. 17 of 2021, s. 18, Applied:05 Nov 2021]

(1)  This section applies if the Tribunal believes on reasonable grounds that a party to any proceedings is conducting the proceedings in a way that unnecessarily disadvantages another party to the proceedings by conduct such as –

(a) failing to comply with an order or direction of the Tribunal without reasonable cause; or

(b) failing to comply with this Act or a relevant Act; or

(c) asking for an adjournment, the need for which is attributable to a failure described in paragraph (a) or (b) ; or

(d) attempting to deceive another party to the proceedings or the Tribunal; or

(e) vexatiously conducting the proceedings; or

(f) failing to attend any hearing in the proceedings.

(2)  If this section applies, the Tribunal may –

(a) if the party to the proceedings who is causing the disadvantage is the applicant, order that the proceedings be dismissed or struck out; or

(b) if the party to the proceedings who is causing the disadvantage is not the applicant –

(i) determine the proceedings in favour of the applicant and make any appropriate orders; or

(ii) order that the party causing the disadvantage be struck out of the proceedings.

(3)  The Tribunal may act under subsection (2) on the application of a party to the proceedings or on its own initiative.

(4)  The Tribunal’s power to make an order under subsection (2) is exercisable only by –

(a) a legally qualified member of the Tribunal; or

(b) a registrar who is authorised in writing by the President to make such an order, whether generally or in relation to particular classes of matters or otherwise.