Parties
17 Parties
The Court may, by order, join a person as a party to any proceedings (other than criminal proceedings).
A commissioner may not make an order under subsection (1) except—
on the application of, or with the consent of, the party to be joined; or
with the concurrence of a Judge.
An order under subsection (1) may be made on an application without notice to any person.
Subject to rules of the Court, the Court may, if of the opinion that it is appropriate to do so, on its own initiative or on the application of a party to the relevant proceedings—
dismiss or determine any proceedings that appear—
to be frivolous or vexatious; or
to have been instituted or prosecuted for the purpose of delay or obstruction, or for some other improper purpose;
after hearing the applicant in the proceedings, find in favour of the respondent without hearing the respondent;
give summary judgement against a party—
who obstructs or unnecessarily delays the proceedings;
or
who appears to be continuing to participate in the proceedings for the purpose of delay or obstruction, or for some other improper purpose;
or
who fails to attend any proceedings or fails to comply with a regulation, or a rule or order of the Court.
If the Court takes action under subsection (4), then the Court should also make an order for costs against the party against whom the action is directed unless the Court is of the opinion that there is some good reason for not making an order in the circumstances of the particular case.
The Court may, in making an order under subsection (4a), determine that the costs will be determined or settled—
as between party and party in accordance with the scale prescribed for the purpose; or
as between solicitor and client.
A Minister may, if of the opinion that proceedings before the Court involve a question of public importance, intervene in those proceedings.
A party to proceedings before the Court under this Act is entitled to appear personally or by counsel or other representative.
This provision refers to the regulations (a regulation
). Made under this Act:
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