South Australian Numbered Acts South Australian Numbered Acts42—Proceedings being conducted to cause disadvantage
(1) This section applies if the Tribunal believes that a party to any proceedings is conducting the proceedings in a way that unnecessarily disadvantages another party to the proceedings by conduct such as—
(a) failing to comply with an order or direction of the Tribunal without reasonable cause; or
(b) failing to comply with this Act or a relevant Act; or
(c) asking for an adjournment the need for which is attributable to a failure described in paragraph (a) or (b); or
(d) attempting to deceive another party or the Tribunal; or
(e) vexatiously conducting the proceedings; or
(f) failing to attend any hearing in the proceedings.
(2) If this section applies, the Tribunal may—
(a) if the party causing the disadvantage is the applicant, order that the proceedings be dismissed or struck out; and
(b) if the party causing the disadvantage is not the applicant—
(i) determine the proceedings in favour of the applicant and make any appropriate orders; or
(ii) order that the party causing the disadvantage be struck out of the proceedings.
(3) The Tribunal may act under subsection (2) on the application of a party or on its own initiative.
(4) If any proceedings are dismissed or struck out under this section, another proceeding of the same kind in relation to the same matter cannot be commenced before the Tribunal without the leave of a Presidential member.
Division 4—Conferences, mediation and settlement