New South Wales Consolidated Acts

CIVIL PROCEDURE ACT 2005 - SECT 43

43 Order for rehearing

(cf Act No 43 1983, section 18A)

(1) The referring court must order a rehearing of proceedings the subject of an award if an application for rehearing is made before the award takes effect.

(2) An order for rehearing may not be made unless the amount claimed in the proceedings, or the value of the property to which the proceedings relate, exceeds the jurisdictional limit of the Local Court when sitting in its Small Claims Division.

(3) An order for rehearing need not be made if it appears to the court that the applicant failed to attend a hearing before an arbitrator without good reason.

(4) In an order for rehearing, the referring court may direct that the rehearing be a full rehearing or a limited rehearing, as the court thinks appropriate, and may do so regardless of whether the applicant requested a full rehearing or a limited rehearing or made no such request.

(5) In the absence of a direction under subsection (4), the rehearing is to be a full rehearing.

(6) An order for a limited rehearing must specify the aspects that are to be the subject of the rehearing, whether by reference to specific issues in dispute, specific parties to the dispute or otherwise.

(7) The referring court may amend an order for rehearing at any time before or during a rehearing.