Document ID: chunk:federal_register_of_legislation:C2005A00038:clause:1_23f
Version: federal_register_of_legislation:C2005A00038
Segment Type: clause
Provision Reference: sch 1 cl 23F
Character Range: 32341–34996

23F  Constitution of Tribunal for review of amount taxed—member unavailable

Scope

 (1) This section applies to a proceeding (the taxing review proceeding) by way of an application to the Tribunal under subsection 69A(2) for review of a decision by the Registrar, a District Registrar or a Deputy Registrar taxing any costs ordered by the Tribunal to be paid by a party to another proceeding (the substantive proceeding) if:
 (a) in a case where the Tribunal was constituted for the purposes of the substantive proceeding by a single member—that member (the unavailable member):
 (i) has stopped being a member; or
 (ii) for any reason, is not available to take part in the taxing review proceeding; or
 (iii) is directed by the President not to take part in the taxing review proceeding; or
 (b) in a case where the Tribunal was constituted for the purposes of the substantive proceeding by 2 or 3 members—the member (the unavailable member) who presided at the substantive proceeding:
 (i) has stopped being a member; or
 (ii) for any reason, is not available to take part in the taxing review proceeding; or
 (iii) is directed by the President not to take part in the taxing review proceeding.

Single member Tribunal

 (2) If the unavailable member constituted the Tribunal for the purposes of the substantive proceeding, the President must direct another member to constitute the Tribunal for the purposes of the taxing review proceeding.

Multiple member Tribunal

 (3) If the unavailable member is one of the members who constituted the Tribunal for the purposes of the substantive proceeding, the President must:
 (a) direct the remaining member, or one of the remaining members, to constitute the Tribunal for the purposes of the taxing review proceeding; or
 (b) direct another member to constitute the Tribunal for the purposes of the taxing review proceeding.

Member who stops being a member and becomes a member again

 (4) For the purposes of this section, a member who:
 (a) stops being a member; and
 (b) at a later time becomes a member again;
is taken, from that later time, to be another member.

Limitations on President's powers to give directions

 (5) The President must not give a direction under subparagraph (1)(a)(iii) or (b)(iii) unless the President is satisfied that the direction is in the interests of justice.

 (6) The President must not give a direction under paragraph (3)(b) that results in the remaining member, or any of the remaining members, not constituting the Tribunal for the purposes of the taxing review proceeding unless the President is satisfied that the direction is in the interests of justice.