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r 50.06

Parties must attend appropriate dispute resolution

In force
Part 2Offers of compromise

50.06 Parties must attend appropriate dispute resolution

(1)

If a proceeding or any part of a proceeding is referred to appropriate dispute resolution, all parties must attend the appropriate dispute resolution—

(a)

personally, unless the Court is satisfied that exceptional circumstances exist; and

(b)

if a party has appointed an Australian lawyer or other person empowered by law to appear for the party, together with that Australian lawyer or other person.

(2)

If a party referred to in paragraph (1) is a corporation, the following must attend the appropriate dispute resolution on behalf of the corporation—

(a)

an Australian lawyer;

(b)

a person in the exclusive employment of the corporation who is authorised in writing to attend the appropriate dispute resolution on behalf of the corporation.

(3)

If a party referred to in paragraph (1) is an incorporated association or an owners corporation a person who is authorised in writing to attend the appropriate dispute resolution on behalf of the committee of the incorporated association or owners corporation must attend the appropriate dispute resolution.

(4)

In addition to the requirements of paragraphs (1), (2) and (3), all parties must have present at the appropriate dispute resolution a person who has the authority to decide whether or not to settle the proceeding or settle the part of the proceeding that has been referred to appropriate dispute resolution.

(5)

If an insurer is indemnifying a party, the person referred to in paragraph (4) may be an officer or employee of the insurer.

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