QLDIn ForceRegulation
Uniform Civil Procedure Rules 1999
sec.335Jurisdiction of case appraiser
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### sec.335 Jurisdiction of case appraiser
The case appraiser for a referred dispute has the power of the court referring the dispute to decide the issues in dispute in the referred dispute.
However, the case appraiser—
may only give a decision that could have been given in the dispute if it had been decided by the court; and
can not punish for contempt.
Subrule (1) is subject to rules 341 and 343 .
Rule 341 provides that, in the absence of an election under rule 343 , the parties are taken to have consented to the case appraiser’s decision which then becomes final and binding. Rule 343 provides that a party dissatisfied with a case appraiser’s decision may elect to go to trial.
r 335 amd 2009 SL No. 162 s 2 sch
(sec.335-ssec.1) The case appraiser for a referred dispute has the power of the court referring the dispute to decide the issues in dispute in the referred dispute.
(sec.335-ssec.2) However, the case appraiser— may only give a decision that could have been given in the dispute if it had been decided by the court; and can not punish for contempt.
(sec.335-ssec.3) Subrule (1) is subject to rules 341 and 343 . Rule 341 provides that, in the absence of an election under rule 343 , the parties are taken to have consented to the case appraiser’s decision which then becomes final and binding. Rule 343 provides that a party dissatisfied with a case appraiser’s decision may elect to go to trial.
- (a) may only give a decision that could have been given in the dispute if it had been decided by the court; and
- (b) can not punish for contempt.