Document ID: chunk:federal_register_of_legislation:F2023C00085:reg:119:p5
Version: federal_register_of_legislation:F2023C00085
Segment Type: reg
Provision Reference: reg 119 (pt 5/23)
Character Range: 177689–180280

report by expert
  An amount paid, or to be paid, to an expert for preparation of a report for a party is a disbursement properly incurred for a proceeding if:
 (a) the report is reasonably required; and
 (b) the amount is reasonable or is authorised, or approved, by the Court.

22.13  Solicitor as advocate
 (1) If a solicitor appeared for a party at a hearing alone or as instructed by another solicitor who is a member of the same firm, the amount to which the party is entitled for the hearing is limited to:
 (a) 150% of the daily hearing fee for one solicitor; and
 (b) a fee for preparation.
 (2) The party is not entitled to an amount for the preparation of a brief on hearing.

22.14  Advocacy certificate
  The Court or a Registrar may certify that it was reasonable to employ an advocate, or more than one advocate, to appear for a party to a proceeding.

22.15  Counsel as advocate
  If the employment of an advocate is certified as reasonable, the amount payable for counsel to appear is the daily hearing fee and advocacy loading in accordance with Part 1 of Schedule 2.

Part 23—Dispute resolution

Division 23.1—General

23.01  Proceeding referred to mediator or arbitrator
 (1) If the Court orders a proceeding or any matter arising out of a proceeding to be referred to a mediator or, with the consent of the parties, to an arbitrator, the mediation or arbitration must proceed in accordance with this Part.
 (2) However, this Part does not apply if the Court refers a proceeding to a mediator for mediation as mentioned in rule 30.14.
 (3) Nothing in this Part affects an order or direction made under rule 10.01.

23.02  Adjournment of proceeding
 (1) Unless the Court otherwise orders, if an order for mediation or arbitration is made in relation to a proceeding, the proceeding is adjourned until the mediator or arbitrator reports to the Court.
 (2) A proceeding may be adjourned to a fixed date when the mediator or arbitrator must report to the Court on progress in the mediation or arbitration.

23.03  Court may end mediation or arbitration
 (1) The Court may:
 (a) end a mediation or arbitration at any time; or
 (b) terminate the appointment of a mediator or an arbitrator; or
 (c) appoint a new mediator or arbitrator to replace a mediator or an arbitrator.
 (2) If the Court appoints a new arbitrator, the Court may order:
 (a) that the new arbitrator must treat any evidence given, or any record, document or anything else produced, or anything done, in the course of the arbitration as if it had been given, produced or done before or by the new arbitrator;