sec.334Referral of dispute to appointed case appraiser

### sec.334 Referral of dispute to appointed case appraiser A referring order for a case appraisal must— appoint as case appraiser— a specified case appraiser; or a case appraiser to be selected by the parties; and state what dispute is referred; and include enough information about pleadings, statements of issues or other documents to inform the case appraiser of the dispute and the present stage of the proceeding between the parties; and set a period beyond which the case appraisal may extend only with the authorisation of the parties or estimate how long the case appraisal should take to finish; and state how the case appraiser is to be informed of the appointment; and require the parties, if the case appraisal is not completed within 3 months of the date of the referring order, to provide a report setting out the circumstances of the matter to the registrar who may refer the matter to the court for resolution. The order must also— set the ADR costs or estimate the costs to the extent possible; and state the percentage of ADR costs each party must pay; and state to whom and by when the ADR costs must be paid. The order may be made even if the dispute has been referred previously for a mediation. Instead of setting or estimating the appointed case appraiser’s fee, the order may direct the parties to negotiate a fee with the appointed case appraiser. The order must, as far as practicable, be made in the approved form. A case appraiser must have regard to an amended pleading, including amendments made after the referring order. (sec.334-ssec.1) A referring order for a case appraisal must— appoint as case appraiser— a specified case appraiser; or a case appraiser to be selected by the parties; and state what dispute is referred; and include enough information about pleadings, statements of issues or other documents to inform the case appraiser of the dispute and the present stage of the proceeding between the parties; and set a period beyond which the case appraisal may extend only with the authorisation of the parties or estimate how long the case appraisal should take to finish; and state how the case appraiser is to be informed of the appointment; and require the parties, if the case appraisal is not completed within 3 months of the date of the referring order, to provide a report setting out the circumstances of the matter to the registrar who may refer the matter to the court for resolution. (sec.334-ssec.2) The order must also— set the ADR costs or estimate the costs to the extent possible; and state the percentage of ADR costs each party must pay; and state to whom and by when the ADR costs must be paid. (sec.334-ssec.3) The order may be made even if the dispute has been referred previously for a mediation. (sec.334-ssec.4) Instead of setting or estimating the appointed case appraiser’s fee, the order may direct the parties to negotiate a fee with the appointed case appraiser. (sec.334-ssec.5) The order must, as far as practicable, be made in the approved form. (sec.334-ssec.6) A case appraiser must have regard to an amended pleading, including amendments made after the referring order. - (a) appoint as case appraiser— (i) a specified case appraiser; or (ii) a case appraiser to be selected by the parties; and - (i) a specified case appraiser; or - (ii) a case appraiser to be selected by the parties; and - (b) state what dispute is referred; and - (c) include enough information about pleadings, statements of issues or other documents to inform the case appraiser of the dispute and the present stage of the proceeding between the parties; and - (d) set a period beyond which the case appraisal may extend only with the authorisation of the parties or estimate how long the case appraisal should take to finish; and - (e) state how the case appraiser is to be informed of the appointment; and - (f) require the parties, if the case appraisal is not completed within 3 months of the date of the referring order, to provide a report setting out the circumstances of the matter to the registrar who may refer the matter to the court for resolution. - (i) a specified case appraiser; or - (ii) a case appraiser to be selected by the parties; and - (a) set the ADR costs or estimate the costs to the extent possible; and - (b) state the percentage of ADR costs each party must pay; and - (c) state to whom and by when the ADR costs must be paid.