Page 3258 - Week 11 - Wednesday, 21 September 1994

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Page 16, line 24 to page 17, line 3, clause 47, omit the clause, substitute the following clause:

Admissibility of evidence given during mediation

"47. Evidence of any words spoken or act done during mediation under Part IV or at a hearing of the dispute by the Registrar shall only be admitted if -

(a) it relates to the making of a mediated agreement; and

(b) a party to the agreement alleges, in good faith, that the agreement was induced or affected by fraud or duress, other than fraud of the party or duress applied by the party.".

Page 17, lines 6 and 7, clause 48, omit "sections 80 and 81", substitute "section 80".

Page 17, line 25, after clause 51, insert the following new clause in Division 2 of Part VI:

Costs

"51A. The parties to a hearing shall bear their own costs unless the Tribunal orders otherwise.".

Page 19, line 28, after clause 57, insert the following new clause in Part VII:

Admissibility of evidence given during mediation

"57A. On an appeal under subsection 57(1), evidence of any words spoken or act done during mediation under Part IV or at a hearing of the dispute by the Registrar shall only be admitted if -

(a) it relates to the making of a mediated agreement; and

(b) the appeal relates to an allegation, in good faith, by a party to the agreement, that the agreement was induced or affected by fraud or duress, other than fraud of the party or duress applied by the party.".

Page 20, line 23, clause 60, subclause (5), omit "landlords", substitute "owners".


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