South Australian Numbered Acts

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SOUTH AUSTRALIAN EMPLOYMENT TRIBUNAL ACT 2014 (NO 17 OF 2014) - SECT 40

40—Dismissing proceedings on withdrawal or for want of prosecution

        (1)         The applicant in any proceedings may withdraw or agree to the withdrawal of the proceedings or a part of the proceedings.

        (2)         Unless otherwise provided by the rules, an applicant can only act under subsection (1) with the leave of the Tribunal.

        (3)         The Tribunal may make an order dismissing or striking out all, or any part, of any proceedings if the applicant withdraws or agrees to the withdrawal of the proceedings or that part of it.

        (4)         At any time, the Tribunal may make an order dismissing or striking out all, or any part, of any proceedings for want of prosecution.

        (5)         The Tribunal's power to make an order under subsection (4) is exercisable only by a legally qualified member of the Tribunal.

        (6)         The Tribunal may make an order under this section on the application of a party or on its own initiative.



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