Australian Capital Territory Current Regulations

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COURT PROCEDURES RULES 2006 - REG 3948C

Dispute resolution conference—court orders on outcome of conference

    (1)     If the parties to an application for arbitration do not settle the claim at a dispute resolution conference, the court may—

        (a)     if the court considers there are reasonable prospects that the claim may be settled at a further dispute resolution conference

              (i)     direct the parties to attend a further dispute resolution conference; and

              (ii)     make directions as required; and

        (b)     if the court considers there is no reasonable prospect that the claim may be settled at a further dispute resolution conference—make directions for the conduct of the arbitration.

    (2)     In making a direction for subsection (1) (b), the court must try to facilitate—

        (a)     hearing the claim as quickly as practicable; and

        (b)     keeping costs as low as practicable.

    (3)     Without limiting subsection (1) (b), the court may make directions about any of the following:

        (a)     obtaining, filing or serving further material, including evidence by affidavit;

        (b)     any special requirements in relation to evidence;

Example

use of telephone or audio visual facilities for evidence

        (c)     any requirement for parties to file and serve a statement of facts, issues and contentions before the hearing.



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