1Under TASCAT Rules r 15(2), the Tribunal has an unfettered discretion to accept an initiating document not in an approved form, provided it contains sufficient detail to identify the statutory basis and subject matter of the application; this discretion accords with the TASCAT Act s 10 objectives of informality and flexibility.
2On an application for re-hearing under s 57(2) of the WRC Act following an ex parte determination, the applicant must both provide a satisfactory explanation for non-attendance and demonstrate that it is at least arguable a different outcome may result; a bare assertion of a desire to challenge evidence, without articulating any specific basis for the challenge, is insufficient to satisfy the 'just and reasonable' threshold.
3Where a party's solicitors had constructive knowledge of a hearing date through correspondence from the opposing party attaching a draft consent order specifying that date, failure to make further enquiries of the Tribunal does not constitute a satisfactory explanation for non-attendance.
