New South Wales Consolidated Acts

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CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 2013 - SCHEDULE 7

SCHEDULE 7 – Examples of procedural rule-making powers

(Sections 25(2) and 90(2)(a))

1

The time and manner for making applications or lodging appeals.

2

The parties to proceedings in the Tribunal (including the joinder, misjoinder and non-joinder of parties and rights of intervention of third parties such as Ministers in proceedings).

3

The representation of parties by Australian legal practitioners or other persons (including when leave should be refused or granted for a person to represent a party and the circumstances when the Tribunal may appoint a person to represent a party).

4

The selection, use and functions of friends of the Tribunal with respect to the presentation of cases before the Tribunal.

5

The circumstances in which proceedings may be heard ex parte or in which a default decision of the Tribunal may be obtained.

6

The rights and obligations of parties, prospective parties and other persons to obtain access to information, documents or things in relation to proceedings or prospective proceedings in the Tribunal.

7

The service, giving or lodgment of notices and other documents, including for the purposes of the Administrative Decisions Review Act 1997 .

8

The splitting and consolidation of proceedings in the Tribunal.

9

The admission and exclusion of evidence and the manner in which evidence is to be tendered.

10

The transcribing or other recording of proceedings in the Tribunal.

11

The appointment, use and functions of assessors in connection with proceedings in the Tribunal.

12

The review by the Tribunal of decisions made by registrars (including by way of internal appeals).

13

The means for, and the practice and procedure to be followed in, the enforcement and execution of decisions of the Tribunal.

14

The means for, and the practice and procedure to be followed in, securing the future conduct of parties to proceedings in the Tribunal.

15

The circumstances in which the Tribunal may vary or set aside its orders and other decisions.

16

The means for proving particular facts, and the mode in which evidence may be given (including the administration of oaths or affirmations to and the taking of the evidence of witnesses in or out of New South Wales), in relation to proceedings in the Tribunal.

17

The use of expert evidence, including--

(a) the disclosure (by the furnishing of copies of reports or otherwise) of the nature of expert evidence to be given, and including the exclusion of expert evidence in cases of non-compliance with the rules relating to expert evidence or with any order for disclosure of the nature of expert evidence, and
(b) the use of expert witnesses including, in particular, the use of expert witnesses engaged jointly by parties to proceedings and the use of Tribunal-appointed expert witnesses.

18

The cases in which security may be required, and the form of such security, and the manner in which, and the person to whom, it is to be given.

19

The means for notifying the parties to proceedings of decisions of, or other action taken by, the Tribunal in the proceedings.

20

The costs in proceedings in the Tribunal (but not including any matter relating to costs that is regulated by the legal costs legislation (as defined in section 3A of the Legal Profession Uniform Law Application Act 2014 )).

21

The determination of the seniority of members in connection with the exercise of the functions of the Tribunal in proceedings.

22

The circumstances for the use of resolution processes in proceedings.

23

The specification of exceptions, limitations or other restrictions in relation to a provision of this Act that is expressed to be subject to the procedural rules.



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