|
 | Fair Trading Tribunal
of New South Wales
Chairperson's Direction Number CD5/00
Case conferences
| |
| | Date:08/21/2000 |
| |
The purpose of this Direction is:
- to assist in the effective management of the Tribunal's case-load through the selective use of case
conferences.
- to set out the functions of a case conference and the procedure to be followed at a case conference.
OPERATION
This practice direction will apply from 1 September 2000 in respect of an application where a case conference has been allocated or ordered.
PURPOSE
The purposes of a case conference include:
1. To promote a settlement of the case.
2. To clarify the issues in dispute and if possible narrow them.
3. To identify and resolve any preliminary issues.
4. To identify the questions of fact or law to be decided by the Tribunal.
5. To fix a timetable and to determine whether the proceedings should be referred to mediation or early neutral evaluation.
6. To give directions concerning the further conduct of the case.
7. To enable the presiding Member to actively manage the case through all stages.
ATTENDANCE
1 Case conferences will be held on a face-to-face basis, except where the Tribunal determines that geographic or other considerations prevent personal attendance. All parties and, if they are represented, their representatives must therefore attend. Witnesses should not attend.
2. Parties should bring all documentary evidence upon which they intend to rely in support of their case including written contracts or agreements, plans, photographs, invoices, receipts and other relevant material if it has not already been given to the Tribunal. Statements from witnesses are not required at this stage.
3. If a party does not attend, the Tribunal may nonetheless proceed to make binding orders in their absence including, in some cases, an order for costs
4 In accordance with the Chairperson's Practice Direction No. 3 on Adjournments case conferences will be adjourned only in exceptional circumstances.
PROCEEDINGS
Subject to the Fair Trading Tribunal Act 1998 the conduct of a case conference is at the discretion of the Presiding Member. Generally the procedure will be as follows:
1. Each party will provide the Tribunal with a summary of its position, including the facts on which it relies and questions of law which are at issue.
2. Each party will state its response to the summary of the other.
3. If there are any preliminary issues to determine, the parties will be invited to make submissions on these issues before the Tribunal makes any decision that is needed at that stage.
4. The parties will have the opportunity to explore settlement of the issues in dispute, either with the assistance of the Tribunal or, at the request of the parties, in the absence of the Tribunal.
5. The Tribunal will discuss with the parties the option of referring the matter to mediation or independent neutral evaluation.
6. The Tribunal will fix a timetable for the future conduct of the proceedings, including directions for the filing of documents and evidence. While a date for hearing will not be allocated at this time, the Tribunal will discuss with the parties the number of witnesses they intend to call at the hearing and the time likely to be required for the hearing.
CASE MANAGER
In all applications filed in the Home Building Division and where directed in other Divisions, the Tribunal Member who is assigned to the case conference will be the designated case manager with the responsibility of managing the case through to final resolution.
COMPLIANCE
The Registry will monitor compliance with all directions made at a case conference.
Issued pursuant to section 10(3) of the Fair Trading Tribunal Act 1998.
Effective: 1 September 2000
Dated: 21 August 2000
|
.JPG/$FILE/ftt(2).JPG)
