Northern Territory Consolidated Regulations Northern Territory Consolidated Regulations(1) If a Judge or an Associate Judge is of the opinion that a proceeding is capable of settlement or ought to be settled, the Judge or Associate Judge may direct that the matter be set down for a settlement conference for the purpose of exploring the possibility of settlement.
(2) A settlement conference is to be held before an Associate Judge.
(3) The Judge or Associate Judge must give the parties notice of the settlement conference and rule 48.05 applies (with the necessary changes) accordingly.
(4) The Judge or Associate Judge:
(a) may direct that the parties attend the settlement conference in person; and
(b) if a party is a corporation – may order that the settlement conference be attended by an agent of the corporation who is familiar with the substance of the issues in the proceeding and has unqualified authority either to settle the proceeding or to make recommendations to the corporation that are likely to result in the settlement of the proceeding.
(5) The Judge or Associate Judge may direct that a party attend the settlement conference by a videoconference or teleconference facility.
(6) A direction under subrule (4):
(a) may be given to a party:
(i) orally either in person or by the party's solicitor;
(ii) in writing sent by pre-paid post to the party's address for service; or
(iii) where the party appears by a solicitor – in accordance with rule 6.06(1)(d); and
(b) may be given either by the Judge or Associate Judgeor an officer of the Court authorised by the Judge or Associate Judge.
(7) The attendance of a party in person at a settlement conference (whether in response to a direction under subrule (4) or otherwise) does not prevent the party being represented at the conference by counsel or the party's solicitor or both.
(8) Except to prove that a settlement was reached between the parties and the terms of the settlement, evidence of things said or admissions made at a settlement conference is not admissible in either the proceeding or a court without the consent of those parties.
(9) If a party ( the party at fault ):
(a) fails to attend a settlement conference after having been notified of the conference under subrule (3); or
(b) having attended a settlement conference:
(i) refuses to participate in the settlement conference; or
(ii) applies (other than with the consent of the other parties) to adjourn or further adjourn the settlement conference and the adjournment is granted by an Associate Judge;
the party at fault must pay the costs of the other parties thrown away as a result, which costs may (despite rule 63.04(3)) be taxed immediately by the Taxing Master.
(10) A settlement conference may be adjourned by an Associate Judge if the parties consider that further negotiations may lead to a settlement.
(11) A Judge or an Associate Judge may order each party to prepare a precis of the party's case to be given to an Associate Judge at the settlement conference.
(12) Despite subrule (8), if an offer of settlement is made before an Associate Judge at a settlement conference:
(a) the Associate Judge must record the offer and place that record in a sealed envelope on the Court file; and
(b) the offer may be taken into consideration by the Court in exercising its discretion to award costs once final judgment in the proceeding is given.