Conduct of legal proceedings by Commissioner
81 Conduct of legal proceedings by Commissioner
In proceedings undertaken by the Commissioner under section 79, the Commissioner has, on behalf of the original party, in all respects the same rights in, and control over, the proceedings as the original party would have had in the conduct of the proceedings, including the right to settle any action or part of any action.
The Commissioner may conduct the proceedings as the Commissioner thinks fit, without consulting or seeking the consent of the original party.
Where the Commissioner assumes the conduct of proceedings already commenced by or against the original party, the State Administrative Tribunal —
must, on the application of the Commissioner, order the substitution of the Commissioner for the original party as a party to the proceedings; and
may make other orders or give directions as it thinks fit.
If any party to the proceedings alleges another cause of action, or if the original party has another cause of action, then, on the application of the Commissioner, the State Administrative Tribunal —
must order that the proceedings for the other cause of action are to be heard separately; and
must order that the original party is, in the party’s own right, a party to the proceedings for the other cause of action; and
may make other orders or give directions as it thinks fit.
[Section 81 amended: No. 28 of 2020 s. 72.]
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