Document ID: chunk:federal_register_of_legislation:C2025C00141:section:83
Version: federal_register_of_legislation:C2025C00141
Segment Type: section
Provision Reference: s 83
Character Range: 113214–114723

83  Tribunal may remove party from proceeding if party fails to appear or does not comply

Tribunal may remove party who fails to appear
 (1) If:
 (a) a party to a proceeding in the Tribunal fails to appear at a Tribunal case event that relates to the proceeding; and
 (b) the Tribunal is satisfied that the party received appropriate notice of the date, time and place of the Tribunal case event;
the Tribunal may order that the party ceases to be a party to the proceeding.
Note 1: Tribunal case events include hearings, directions hearings and dispute resolution processes (see the definition of Tribunal case event in section 4).
Note 2: For how to appear at a Tribunal case event, see section 73.
 (2) However, subsection (1) does not apply if the party is:
 (a) the applicant; or
 (b) a non‑participating party to the proceeding or Tribunal case event.

Tribunal may remove party who fails to comply with Act or order
 (3) If a party to a proceeding in the Tribunal fails to comply with this Act or an order of the Tribunal in relation to the proceeding within a reasonable time, the Tribunal may order that the party ceases to be a party to the proceeding.
 (4) However, subsection (3) does not apply if the party is the applicant.

Reinstatement
 (5) If a person ceases to be a party to a proceeding under subsection (1) or (3), the person is a party to the proceeding again if the Tribunal, on application by the person or on its own initiative, orders that the person is a party to the proceeding.