Commonwealth Numbered Regulations

1994 No. 110 INDUSTRIAL RELATIONS COURT RULES - ORDER 72 RULE 5

5. (1) Nothing in this Order prevents the Court from:

   (a)  terminating a mediation or an arbitration at any time; or

   (b)  terminating the appointment of a mediator or an arbitrator; or

   (c)  appointing a new mediator or arbitrator to replace a mediator or an
        arbitrator who has died, or ceased to hold office, or whose
        appointment has been terminated.

(2) If, when the Court appoints a new arbitrator, the Court considers it
appropriate in all the circumstances, the Court may order that:

   (a)  the new arbitrator must treat any evidence given, or any record,
        document or anything else produced, or anything done, in the course of
        earlier proceedings as if it had been given, produced or done before
        or by the new arbitrator; or

   (b)  any interim award made in the course of the earlier proceedings is to
        be taken to have been made by the new arbitrator; or

   (c)  the new arbitrator must adopt and act on any determination of a matter
        made by the previous arbitrator without applying his or her own
        judgment to the matter.

(3) If the Court:

   (a)  appoints a new mediator; and

   (b)  considers it appropriate; the Court may, with the consent of the
        parties, order that the mediation continue on whatever basis the
        parties have agreed.