Document ID: chunk:federal_register_of_legislation:C2012A00042:clause:1_73
Version: federal_register_of_legislation:C2012A00042
Segment Type: clause
Provision Reference: sch 1 cl 73
Character Range: 67225–68520

73  Director etc. must not participate in court proceedings in relation to settled matters
 (1) This section applies if:
 (a) either:
 (i) the Director (or an inspector) and another party or parties are joint applicants in a building proceeding before a court; or
 (ii) the Director (or an inspector) has intervened in a building proceeding before a court under subsection 71(1); and
 (b) before the court has given judgement in the proceeding:
 (i) the matter that is the subject of the proceeding is settled between the parties to the proceeding (or if more than one matter is the subject of the proceeding—one or more of those matters is settled between the parties to the proceeding); and
 (ii) a notice is filed in the court discontinuing the proceeding to the extent that it relates to the settled matter or matters.
 (2) The Director (or inspector) must not continue to participate in the building proceeding to the extent that it relates to the settled matter or matters.
 (3) A reference in subparagraph (1)(b)(i) to parties to the proceeding does not include a reference to the Director (or inspector).
 (4) In this section:
building proceeding means a civil proceeding in relation to a matter that arises under a designated building law and involves a building industry participant.