Commonwealth Numbered Regulations

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FEDERAL COURT RULES 2011 (SLI NO 134 OF 2011) - RULE 28.02

Orders that may be sought

         (1)   A party may apply to the Court for an order that:

                (a)    the proceeding or part of the proceeding be referred to an arbitrator, mediator, or some suitable person for resolution by an ADR process; and

               (b)    the proceeding be adjourned or stayed; and

                (c)    the arbitrator, mediator, or person appointed to conduct an ADR process report to the Court on progress in the arbitration, mediation or ADR process.

         (2)   In this Part:

"suitable person" means a person who has been appointed under paragraph 28.02 (1) (a).

Note 1    ADR process is defined in the Dictionary.

Note 2    The Court may refer a proceeding to an arbitration, a mediation or an ADR process of its own motion -- see section 53A of the Act. The Court can only refer a proceeding to arbitration with the consent of the parties -- see section 53A (1A) of the Act.

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