Conduct of proceedings
55F Conduct of proceedings
The
Technical Regulator must conduct proceedings for the determination of a dispute with a view to ensuring—
a fair and reasonable exchange of the parties' views; and
the proper investigation and consideration of all matters relevant to the fair determination of the dispute; and
the speedy resolution of the dispute.
The
Technical Regulator—
is not bound by technicalities, legal forms or rules of evidence; and
may obtain information on matters relevant to the dispute in any way the
Technical Regulator thinks fit.
The
Technical Regulator may require the presentation of evidence or argument in writing and may decide matters on which the Technical
Regulator will hear oral evidence or argument.
If the Technical Regulator decides to hear oral evidence or argument—
the proceedings must be conducted in public unless—
both parties agree to have the proceedings (or part of the proceedings) conducted in private; or
the
Technical Regulator orders the public to be excluded from attendance in accordance with subsection (5);
and
the parties may not be represented in the proceedings by lawyers except by leave of the Technical Regulator.
The
Technical Regulator may order the public to be excluded from attendance at proceedings in order—
to consider in confidence information that has commercial value to a person or relates to the commercial or financial affairs of a person (the Technical Regulator being satisfied that it is reasonably foreseeable that public disclosure of the information could cause significant damage to a person or the interests of a person or confer an unfair commercial or financial advantage on a person); or
to ensure that the Technical Regulator does not—
breach any law, order or direction of a court or tribunal constituted by law, or other legal obligation or duty; or
unreasonably expose himself or herself to any legal process or liability.
The
Technical Regulator may give directions about who may be present at proceedings during any period when the public is excluded from attendance having regard to the wishes of the parties and the need for commercial confidentiality.
A person must comply with a direction under subsection (6).
Maximum penalty: $10 000.
The
Technical Regulator may—
give procedural directions;
make orders requiring—
the delivery of documents clarifying the issues between the parties;
the discovery and inspection of documents;
sit at any time or place;
adjourn the proceedings from time to time and from place to place;
refer a matter to an expert for report, and accept the expert's report in evidence;
appoint a mediator to facilitate resolution of the dispute by conciliation;
fix and enforce time limits for steps in the proceedings and do anything else necessary for the expeditious and fair hearing and determination of the dispute.
The
Technical Regulator may proceed in the absence of a party or on failure by a party to provide written evidence or argument if the party has been given notice of the proceedings or of the requirement to provide written evidence or argument.
The
Technical Regulator may engage or appoint a lawyer to provide advice on the conduct of the proceedings and assist the Technical Regulator in drafting the determination.
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