Court Procedures Rules 2006

If the parties to an application for arbitration do not settle the claim at a dispute resolution conference, the court may—

if the court considers there are reasonable prospects that the claim may be settled at a further dispute resolution conference—

direct the parties to attend a further dispute resolution conference; and

make directions as required; and

if the court considers there is no reasonable prospect that the claim may be settled at a further dispute resolution conference—make directions for the conduct of the arbitration.

In making a direction for subsection (1) (b), the court must try to facilitate—

hearing the claim as quickly as practicable; and

keeping costs as low as practicable.

Without limiting subsection (1) (b), the court may make directions about any of the following:

obtaining, filing or serving further material, including evidence by affidavit;

any special requirements in relation to evidence;

any requirement for parties to file and serve a statement of facts, issues and contentions before the hearing.