Western Australian Current Acts Western Australian Current Acts (1) In proceedings
undertaken by the Commissioner under section 79, the Commissioner has, on
behalf of the original party, in all respects the same rights in, and control
over, the proceedings as the original party would have had in the conduct of
the proceedings, including the right to settle any action or part of any
action.
(2) The Commissioner
may conduct the proceedings as the Commissioner thinks fit, without consulting
or seeking the consent of the original party.
(3) Where the
Commissioner assumes the conduct of proceedings already commenced by or
against the original party, the State Administrative Tribunal —
(a)
must, on the application of the Commissioner, order the substitution of the
Commissioner for the original party as a party to the proceedings; and
(b) may
make other orders or give directions as it thinks fit.
(4) If any party to
the proceedings alleges another cause of action, or if the original party has
another cause of action, then, on the application of the Commissioner, the
State Administrative Tribunal —
(a) must
order that the proceedings for the other cause of action are to be heard
separately; and
(b) must
order that the original party is, in the party’s own right, a party to
the proceedings for the other cause of action; and
(c) may
make other orders or give directions as it thinks fit.
[Section 81 amended: No. 28 of 2020 s. 72.]