(1) The Tribunal as constituted for the purposes of an application for review of a taxing of costs in another proceeding must be constituted by:
(a) the member who constituted the Tribunal for the purposes of the other proceeding; or
(b) if the Tribunal was constituted by more than one member for the purposes of the other proceeding--the member who presided for those purposes.
(2) However, the Tribunal is to be constituted as directed by the President if the member referred to in subsection (1):
(a) has stopped being a member; or
(b) is for any reason unavailable; or
(c) has been directed by the President not to take part in the review.
(3) The President must not give directions that would result in none of the members who constituted the Tribunal for the purposes of the other proceeding constituting the Tribunal for the purposes of the review, unless the President is satisfied that it is in the interests of justice to do so.