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This is a Bill, not an Act. For current law, see the Acts databases.


SUPREME COURT AMENDMENT (MEDIATION) BILL 2009

Serial 63
Supreme Court Amendment (Mediation) Bill 2009
Ms Lawrie






A Bill for an Act to amend the Supreme Court Act













NORTHERN TERRITORY OF AUSTRALIA

SUPREME COURT AMENDMENT (MEDIATION) ACT 2009

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Act No. [ ] of 2009

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Table of provisions

83A Mediation

bill_text00.jpg
NORTHERN TERRITORY OF AUSTRALIA

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Act No. [ ] of 2009

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An Act to amend the Supreme Court Act

[Assented to [ ] 2009]

[Second reading [ ] 2009]

The Legislative Assembly of the Northern Territory enacts as follows:

1 Short title

This Act may be cited as the Supreme Court Amendment (Mediation) Act 2009.

2 Commencement

This Act commences on the date fixed by the Administrator by Gazette notice.

3 Act amended

This Act amends the Supreme Court Act.

4 New section 83A

After section 83

insert

83A Mediation

(1) If the Court considers it appropriate, the Court may direct that a civil proceeding be set down for mediation to explore the possibility of:

(a) settling the proceeding; or

(b) resolving a particular issue in the proceeding.

(2) The appointment of a mediator for a civil proceeding, and procedures relating to the mediation, must be in accordance with the Rules.

(3) The Rules may provide for any of the following to be appointed to be a mediator for a civil proceeding:

(a) a Judge;

(b) the Master;

(c) a Registrar;

(d) a person with suitable qualifications for conducting mediation.

(4) The Rules may also provide for the appointment of 2 mediators for a civil proceeding, to mediate jointly.

(5) A mediator appointed for a civil proceeding must not disclose to another person any information obtained during or for the mediation except as required or authorised by law.

(6) Evidence of anything said or done during mediation for a civil proceeding is not admissible in the proceeding or a court without the consent of the parties except to prove that a settlement was reached and the terms of the settlement.

(7) This section does not prevent:

(a) the Court itself from attempting to achieve a negotiated settlement of a civil proceeding or resolution of an issue in a civil proceeding; or

(b) the person exercising the power of the Court mentioned in paragraph (a) from taking further part in the proceeding.

(8) However, if a Judge, the Master or a Registrar is appointed to be the mediator for a civil proceeding, and has conducted mediation for the proceeding, he or she is disqualified from taking further part in the proceeding.

(9) A person conducting or participating in mediation for a civil proceeding has the same immunity for an honest act, or an honest and temperate statement or act, done or made during the mediation, as is conferred by the Courts and Administrative Tribunals (Immunities) Act on a person conducting or participating in a proceeding.

 


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