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Legislative Assembly for the ACT: 2001 Week 10 Hansard (28 August) . . Page.. 3527 ..


(3) The Magistrates Court may review the taxation mentioned in subregulation (2) (b).

Note Disbursements are payable in full (see reg 47 (3)).

13 Claim against arbitration award (ACT WCA sched 4, cl 13)

(1) This regulation applies if a worker is paid an amount of compensation on arbitration.

(2) A lawyer or other agent of the worker may claim costs in relation to the arbitration, or claim a lien in relation to the costs, from the compensation only if, on application by the worker, lawyer or agent, the Magistrates Court or committee awards the lawyer or agent stated costs.

(3) The amount of costs to be awarded to the lawyer or other agent must be-

(a) worked out in accordance with the scale of costs prescribed under the rules (if any); and

(b) taxed.

Part 3 Courts and claims

14 Meaning of party for pt 3

In this part:

105 party , in relation to a claim, means a party to the proceeding on the claim.

15 Action on receiving claim

(1) The Magistrates Court must, for each claim it receives, hold a case management meeting with the parties to the proceeding on the claim.

(2) The purpose of the case management meeting is-

(a) to assess the likelihood of the parties settling the claim before the proceeding is heard; and

(b) to direct the hearing of the claim because of the assessment.

16 Settling of claim likely

If, at a case management meeting for a claim, the Magistrates Court considers it likely that the parties may settle the claim, the court-

(a) must promote the settlement of the claim (either at the meeting or by referral to other dispute resolution mechanisms); and

(b) may adjourn the proceeding to a stated date or for a stated period to allow the parties to negotiate a settlement of the claim.

17 Resolution of dispute unlikely

(1) If, at a case management meeting for an application, the Magistrates Court considers it unlikely that the parties may settle the claim, the court must give directions about how the proceeding will be conducted.

(2) When deciding what direction to give for the proceeding, the Magistrates Court must endeavour to facilitate-

(a) hearing the claim as promptly as practicable; and

(b) keeping costs for the parties as low as practicable.


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