Fair Trading Tribunal of New South Wales Chairperson's Direction Number CD3/00 Requests for adjournment by parties to Tribunal proceedings Date:08/21/2000 The purpose of this Direction is to: outline the Tribunal's duties in respect of timeliness prescribe the procedure to be followed in relation to requests for adjournment OPERATION 1. This practice direction will apply from 1 September 2000 in respect of a request made by a party to a proceeding before the Tribunal for the adjournment of a hearing, directions hearing, case conference, compulsory conference or mediation. TRIBUNAL'S DUTY TO ENSURE TIMELY PROGRESS OF CASES 2.(a)The Tribunal's duty to ensure the fair, efficient and prompt disposal of its case load requires that it supervise, control and consent to all adjournments. (b) Requests for adjournments, by consent, without sufficient reason to justify an adjournment will not be allowed. (c) The convenience of the parties alone, or that of their legal representatives, is not a sufficient reason for an adjournment. REQUESTS FOR ADJOURNMENT 3. Requests for adjournment should be in writing addressed to the Registrar at the Tribunal at the Registry having the carriage of the proceeding. They should specify the reason why the adjournment is sought. 4. Documents, which support the reason for seeking an adjournment, such as medical certificates or travel itineraries and tickets, should be attached to the written request. 5. Requests for adjournment should be made as early as possible from the receipt of the listing notice. 6. A party requesting an adjournment should notify the other parties to the proceedings of the request. The requesting party must also tell the other party to advise the Tribunal in writing of whether they agree to the adjournment. 7 A party who has requested an adjournment will be advised of the outcome of their application by phone, with that advice being confirmed by mail. 8. All parties must assume that an adjournment has not been granted, until they are advised by the Tribunal of the contrary. REQUEST FOR ADJOURNMENT OF CONTINUING MATTERS. 9 In cases which are listed in the Tribunal for: (a) a hearing in proceedings which have previously been the subject of a case conference; (b) a hearing which has been previously part-heard and adjourned for further hearing; (c) a compulsory conference; (d) a mediation or (e) directions hearing in proceedings which have previously been the subject of a case conference. 10. An adjournment will not be granted unless the request for the adjournment (a) is made more than 5 days before a scheduled listing or (b) there are exceptional circumstances for granting an adjournment. DISPENSATION 11. The presiding Member has the discretion to grant an adjournment other than in accordance with this direction only where procedural fairness in the instant case requires it. Issued pursuant to section 10(3) of the Fair Trading Tribunal Act 1998. Effective: 1 September 2000 Dated: 21 August 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.