Document ID: chunk:federal_register_of_legislation:F2023C00085:reg:119:p22
Version: federal_register_of_legislation:F2023C00085
Segment Type: reg
Provision Reference: reg 119 (pt 22/23)
Character Range: 218230–220873

of a proceeding, or a matter arising out of a proceeding, to which this Part applies.
Note: The Court may refer a proceeding for mediation under section 169 of the Act with or without the consent of the parties.
 (2) The mediator for the mediation must be:
 (a) a Judge; or
 (b) a Registrar; or
 (c) another person appointed by the Court for the purpose; or
 (d) an FWC member nominated by the President of the Fair Work Commission.
 (3) Unless the Court or a Registrar otherwise orders:
 (a) the parties to the proceeding must attend the mediation in person; and
 (b) the lawyer or lawyers representing the parties to the proceeding must attend the mediation.
 (4) Unless the Court otherwise orders, if an order for mediation is made, the proceeding is adjourned until the earlier of the following:
 (a) the day the mediator reports to the Court;
 (b) the day fixed by the Court when the mediator must report to the Court about progress in the mediation.
 (5) The parties must make a genuine effort to reach agreement on relevant matters in issue.
 (6) If the mediator considers that the mediation should not continue, the mediator must, subject to any order of the Court:
 (a) end the mediation; and
 (b) advise the Court of the outcome.
 (7) If an issue between the parties remains unresolved at the end of the mediation, the Judge or Registrar may:
 (a) give further directions; and
 (b) make any other order, including an order for costs.
 (8) In this rule:
FWC member has the meaning given by section 12 of the Fair Work Act.
President has the meaning given by section 12 of the Fair Work Act.

Division 30.6—Proceedings under the Building and Construction Industry Act

30.15  Applications for orders etc. under the Building and Construction Industry Act
  An application for one of the following must be in accordance with the approved form:
 (a) an injunction under section 48 of the Building and Construction Industry Act in relation to unlawful industrial action, or an unlawful picket;
 (b) an order under section 81 of that Act in relation to an alleged contravention of that Act;
 (c) an order under subsection 98(6) of that Act in relation to an alleged contravention of an undertaking given by a person to the ABC Commissioner;
 (d) a review under section 100 of that Act of a notice given under section 99 of that Act.
Note: Part 4 of Chapter 1 of these Rules sets out general rules about starting proceedings.

Chapter 5—Proceedings under the National Consumer Credit Protection Act

Part 31—Small claims application under the National Consumer Credit Protection Act

31.01  Definitions for Part 31
  In this Part:
National