Commonwealth Consolidated Regulations

FEDERAL COURT RULES 2011 - RULE 28.02

  (1)   A party may apply to the Court for an order that:

  (a)   the proceeding or part of the proceeding be referred to an arbitrator, mediator, or some suitable person for resolution by an ADR process; and

  (b)   the proceeding be adjourned or stayed; and

  (c)   the arbitrator, mediator, or person appointed to conduct an ADR process report to the Court on progress in the arbitration, mediation or ADR process.

  (2)   In this Part:

"suitable person" means a person who has been appointed under paragraph   28.02(1)(a).

Note 1:   ADR process is defined in the Dictionary.

Note 2:   The Court may refer a proceeding to an arbitration, a mediation or an ADR process of its own motion--see section   53A of the Act. The Court can only refer a proceeding to arbitration with the consent of the parties--see section   53A(1A) of the Act.