Queensland Consolidated Regulations

INDUSTRIAL RELATIONS (TRIBUNALS) RULES 2011 - REG 123X

123X Holding settlement conference

(1) A settlement conference must be held in private.

(2) At a settlement conference, each party must—

(a) be sufficiently aware of the party’s case so as to be able to answer any question that may be asked about the claim or any defence to the claim; and

(b) be in a position to make and respond properly to an offer of settlement.

(3) If the commission or an Industrial Magistrates Court holds a settlement conference, the commission or Industrial Magistrates Court may—

(a) direct that a further settlement conference be held; or

(b) make the suggestions to a party the commission or Industrial Magistrates Court considers appropriate to help in promptly disposing of the proceeding; or

(c) give a party the directions, or make the orders, the commission or Industrial Magistrates Court considers appropriate.

(4) If a registrar of a Magistrates Court holds a settlement conference, the registrar of the Magistrates Court may—

(a) make the suggestions to a party the registrar of the Magistrates Court considers appropriate to help in promptly disposing of the proceeding; or

(b) make a recommendation to the Industrial Magistrates Court about the conduct of the proceeding, including, for example, the holding of any further settlement conference.

(5) A recommendation made under subrule (4) (b) must be in writing and attached to the file in the way the Industrial Magistrates Court directs.

(6) At a settlement conference, any 2 or more parties may sign a memorandum of the results of the conference including any admissions made by the parties.

(7) A memorandum signed under subrule (6) must be attached to the file in the way the commission or Industrial Magistrates Court directs.

(8) The commission or Industrial Magistrates Court may make any orders necessary to give effect to a memorandum signed under subrule (6) .

(9) The commission or Industrial Magistrates Court must record on the file any formal orders made by the commission or Industrial Magistrates Court at a settlement conference or under subrule (8) , but must not keep a record of anything discussed at the conference.