Page 2269 - Week 07 - Thursday, 16 June 1994

WILL HAVE REGARD TO A RANGE OF MATTERS INCLUDING THE

NATURE AND COMPLEXITY OF THE DISPUTE, THE AMOUNT OF MONEY

(IF ANY) INVOLVED, AND THE LIKELIHOOD OF RESOLUTION OF THE

DISPUTE THROUGH MEDIATION.

IN CERTAIN CIRCUMSTANCES THE BILL REQUIRES THAT A DISPUTE

MUST BE REFERRED DIRECTLY TO THE TRIBUNAL, SUCH AS WHERE THE

DISPUTE ARISES FROM AN ALLEGED BREACH OF A PREVIOUSLY

MEDIATED AGREEMENT OR WHERE THE DISPUTE CONCERNED IS ONE

REQUIRED BY THE CODE TO BE DETERMINED BY THE TRIBUNAL.

WHERE AN ATTEMPTED MEDIATION FAILS THE DISPUTE IS ALSO

REQUIRED TO BE REFERRED TO THE TRIBUNAL.

THE TRIBUNAL ESTABLISHED BY THE BILL IS TO BE CONSTITUTED BY

EITHER THE PRESIDENT, WHO WILL BE A MAGISTRATE, SITTING ALONE,

OR THE PRESIDENT AND 2 OTHER MEMBERS - ONE A REPRESENTATIVE

OF TENANT INTERESTS, THE OTHER A REPRESENTATIVE OF LANDLORD

INTERESTS. THE TENANT AND LANDLORD REPRESENTATIVES WILL BE

DRAWN FROM 2 POOLS OF SUITABLY QUALIFIED AND EXPERIENCED

PEOPLE, AND WILL BE CALLED UPON WHERE THE PRESIDENT OF THE

TRIBUNAL CONSIDERS THAT IT WOULD BE OF ASSISTANCE IN THE

PARTICULAR HEARING TO HAVE THE BENEFIT OF THE EXPERIENCE OF

SUCH MEMBERS.

THE TRIBUNAL IS GIVEN THE POWER, SUBJECT TO THE BILL AND THE

CODE, TO MAKE SUCH ORDERS AS IT WOULD BE WITHIN THE

JURISDICTION OF THE MAGISTRATES COURT TO MAKE PURSUANT TO

THE MAGISTRATES COURT (CIVIL JURISDICTION) ACT 7992. IN

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