77More appropriate forum

77 More appropriate forum (1) At any time, the Tribunal may make an order striking out all, or any part, of a proceeding (other than a proceeding for review of a decision) if it considers that the subject-matter of the proceeding would be more appropriately dealt with by a tribunal (other than the Tribunal), a court or any other person or body. S. 77(2) substituted by No. 26/2023 s. 67(1). (2) An order under subsection (1) may be made on the application of a party or on the Tribunal's own initiative. (3) If the Tribunal makes an order under subsection (1), it may refer the matter to the relevant tribunal, court, person or body if it considers it appropriate to do so. S. 77(4) substituted by No. 26/2023 s. 67(2). (4) If the Tribunal refers a matter to a court under subsection (3), the court may extend any limitation period that applies to the commencement of a proceeding in relation to that matter so as to allow the proceeding to be commenced and determined, if the court is satisfied that— (a) the proceeding involves the same subject matter as a proceeding in the Tribunal that was struck out under subsection (1) on the ground, or on grounds that included, that the Tribunal lacked jurisdiction to exercise judicial power to resolve controversies involving federal subject matter within the meaning of section 57A(1); and S. 77(4)(b) repealed by No. 2/2024 s. 60(1). S. 77(4A) inserted by No. 2/2024 s. 60(2). (4A) To avoid doubt, a reference in subsection (4) to the commencement of a proceeding includes the joinder of a person who was not a party to the proceeding in the Tribunal referred to in subsection (4)(a). S. 77(5) inserted by No. 26/2023 s. 67(2). (5) The Tribunal's power to make an order under subsection (1) and to refer a matter under subsection (3) is exercisable only by— (a) a presidential member; or (b) a senior member who has been an Australian lawyer for not less than 5 years.