Fair Trading Tribunal of New South Wales Chairperson's Direction Number CD1/00 Applications for rehearing under section 63 Date:06/28/2000 PURPOSE The purpose of this Direction is to outline arrangements for the assignment of Members to exercise the powers of the Chairperson under the above section. On 21 June 2000 I issued a new Instrument of Delegation in relation to the powers conferred on me by section 63 of the Fair Trading Tribunal Act 1998 (the Act). Section 63 permits parties to apply for a rehearing on specified grounds. The Instrument gives a general delegation to the Deputy Chairperson, the Senior Members and the full-time Members. In the case of part-time Members, the Instrument provides for the Chairperson to deal with their assignment by way of directions. Those directions are set out below. All rehearing applications from anywhere in New South Wales are processed centrally in the Sydney Registry of the Tribunal. Consequently the assignments which follow tend to nominate part-time Members who are available for work at the principal Registries in the Greater Sydney area. These assignments are being made so as to assist the full-time Members in the handling of the rehearing applications workload. Part-time Members have been assigned selectively to various categories of matters. Senior Member, Gabriel Fleming, will be responsible for the Rehearing Applications List in co-operation with the Deputy Registrar (Case Management), Greg McAllan. In the case of part-time Members, rehearing applications will be referred to them whenever reasonable time becomes available due to matters in their daily list not proceeding as scheduled or being completed early. Referrals may also be made to part-time Members who cannot attend the Registry because of special circumstances, such as those connected with family responsibilities. Guidelines to assist all Members responsible for considering rehearing applications will be issued in the near future. It will be seen that the main distinction drawn in making the assignments to Divisions is as between decisions where orders have been made in the absence of a party (ex parte matters) and decisions where the order has been made after a hearing with all parties in attendance (contested matters). The following arrangements and the following assignments will be kept under review, in light of experience. ASSIGNMENTS OF PART-TIME MEMBERS 1 . Applications for Rehearings in respect of Ex Parte Matters in the following Divisions: the Consumer Claims Division; the Motor Vehicles Division; and the Home Building Division where the amount claimed or disputed in the matter did not exceed $25,000: Garth Brown, Louisa Berg, Jennifer Coney, Gary Dellar, Dione Dimitriadis, Janet Farey; Elizabeth Grinston, Caroline Huntsman, Yvonne Grant, Stephen Montgomery, George Newhouse, Rory O'Moore, Mary Perrett, Louise Williams, Kim Ross, Stephen Smith, Kathryn Thane. 2. Applications for Rehearings in respect of Contested Matters in the following Divisions: the Consumer Claims Division and the Motor Vehicles Division: Margaret Balding; Anne Britton; Janice Connelly; Susan Corley; Graeme Durie; Geri Ettinger; Elizabeth Grinston; Patrick Griffin; Caroline Huntsman; Graeme Innes; Thomas Kelly; Michael Noone; William Tearle; Kathryn Thane; David Turley. 3 . Applications for Rehearings in respect of Contested matters in the Home Building Division where the amount claimed or disputed in the matter did not exceed $25,000: David Baker; Graeme Durie; Stephen Forbes; Elizabeth Grinston; Thomas Kelly; Jeffrey Smith; Kathryn Thane. 4. Applications for Rehearings in respect of Contested matters in the Home Building Division where the amount claimed or disputed in the matter exceeded $25,000. No assignment of part-time Members. 5. Applications for Rehearings in respect of all Matters in the Commercial Division whether ex parte or contested: William Tearle, Gail Pearson. Issued pursuant to section 10(4) of the Act. Dated: 28 June 2000 | Previous Page | Back to FTT | Top of Page | You are Required to Read the Copyright Notice & Disclaimer | Webmaster The information contained on this page is not legal advice. If you have a legal problem you should talk to a lawyer before making a decision about what to do. The information on this page is written for people resident in, or affected by, the laws of New South Wales, Australia only.