Document ID: chunk:federal_register_of_legislation:F2024N01028:clause:1_23
Version: federal_register_of_legislation:F2024N01028
Segment Type: clause
Provision Reference: sch 1 cl 23
Character Range: 21645–23262

23  Responding to an application
 (1) A person or body mentioned in subparagraph 22(b)(i) or (ii), or 22(c)(i) or (ii) who receives written notice of an application from the CEO under section 22 is to provide their response to the CEO within 7 days of receiving that written notice, setting out a brief statement of defence and any jurisdictional objections.
 (2) A person or body mentioned in subparagraph 22(b)(iii) or 22(c)(iii) who receives written notice of an application from the CEO under section 22 and who wishes to participate in an arbitration as a party is required to notify the Tribunal within 7 days of receiving that written notice.
 (3) The CEO may vary the timeframe in subsection (1) or (2) in accordance with subsection 21(3), or by agreement with the relevant person or body.
 (4) A response under (1) or notification under (2) must be in the approved form (if any).
 (5) A response under (1) or notification under (2) must include the party's address for service of documents by email.
 (6) Where a person or body mentioned in subparagraph 22(b)(iii) or 22(c)(iii) does not notify the CEO within 7 days and has not sought an extension of time to file a notification, the CEO may request the party to show cause as to why they should be allowed to participate in the arbitration.

23A Preliminary conference
  The CEO may hold a preliminary conference as soon as practicable after receipt of the response referred to in subsection 23(1), or the expiry of the timeframe referred to in subsections 23(2) or 23(3), to carry out the procedural management function set out in section 5 of the Rule.