Commonwealth Consolidated Regulations

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FEDERAL COURT RULES 2011 - RULE 34.118

Report about breaches of good faith requirement

             (1)  If a mediator wants to report to the Court that a party, or the party's representative, did not act or is not acting in good faith in relation to the conduct of a mediation, the report must:

                     (a)  be in writing; and

                     (b)  describe the conduct of the party or the party's representative that is the subject of the report; and

                     (c)  refer to any evidence of the conduct mentioned in paragraph (b); and

                     (d)  state why the mediator considers the conduct to be a failure to act in good faith.

Note:          If a person conducting a mediation considers that a party, or the party's representative, did not act or is not acting in good faith in relation to the conduct of the mediation, the presiding member may report the failure to the Court--see sections 94P(4) and (5) of the Native Title Act.

             (2)  The report must be provided to the Registrar in a sealed envelope that is marked 'Confidential'.

             (3)  The report must only be provided to the Court if the presiding member of the NNTT or a party to the main application seeks to rely on the report.



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