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QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 2009 - SECT 48
Dismissing, striking out or deciding if party causing disadvantage
48 Dismissing, striking out or deciding if party causing disadvantage
(1) This section applies if the tribunal considers a party to a proceeding is
acting in a way that unnecessarily disadvantages another party to the
proceeding, including by— (a) not complying with a tribunal order or
direction without reasonable excuse; or
(b) not complying with this Act, an
enabling Act or the rules; or
(c) asking for an adjournment as a result of
conduct mentioned in paragraph (a) or (b) ; or
(d) causing an adjournment; or
(e) attempting to deceive another party or the tribunal; or
(f) vexatiously
conducting the proceeding; or
(g) failing to attend conciliation, mediation
or the hearing of the proceeding without reasonable excuse.
(2) The tribunal
may— (a) if the party causing the disadvantage is the applicant for the
proceeding, order the proceeding be dismissed or struck out; or
(b) if the
party causing the disadvantage is not the applicant for the proceeding— (i)
make its final decision in the proceeding in the applicant’s favour; or
(ii) order that the party causing the disadvantage be removed from the
proceeding; or
(c) make an order under section 102 , against the party
causing the disadvantage, to compensate another party for any reasonable costs
incurred unnecessarily. Note— See section 108 for the tribunal’s power to
order that the costs be paid before it continues with the proceeding.
(3)
In acting under subsection (2) , the tribunal must have regard to the
following— (a) the extent to which the party causing the disadvantage is
familiar with the tribunal’s practices and procedures;
(b) the capacity of
the party causing the disadvantage to understand, and act on, the tribunal’s
orders and directions;
(c) whether the party causing the disadvantage is
acting deliberately.
(4) The tribunal may act under subsection (2) on the
application of a party to the proceeding or on the tribunal’s own
initiative.
(5) The tribunal’s power to act under subsection (2) is
exercisable only by— (a) the tribunal as constituted for the proceeding; or
(b) if the tribunal has not been constituted for the proceeding—a legally
qualified member or an adjudicator.
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