Document ID: chunk:federal_register_of_legislation:C2009A00083:clause:1_94j
Version: federal_register_of_legislation:C2009A00083
Segment Type: clause
Provision Reference: sch 1 cl 94J
Character Range: 16423–18129

94J  Referral of questions about whether a party should be dismissed

Referral of questions to Federal Court
 (1) Subject to subsections (3) and (4), if the person conducting the mediation considers that a party to a proceeding does not have a relevant interest in the proceeding, he or she may refer to the Federal Court the question of whether the party should cease to be a party to the proceeding.
 (2) For the purposes of the determination by the Court of that question, subsection 94D(4) does not apply to the extent that words spoken or acts done at a conference under section 94D relate to that question.

Person conducting the mediation not a consultant
 (3) If the person conducting the mediation is not a consultant engaged under subsection 131A(1), the question may only be referred to the Court under subsection (1) of this section:
 (a) on the initiative of the person; or
 (b) at the request of a party, if the person agrees.

Person conducting the mediation a consultant
 (4) If the person conducting the mediation is a consultant engaged under subsection 131A(1), the question may only be referred to the Court under subsection (1) of this section:
 (a) on the initiative of the person, if a presidential member agrees; or
 (b) at the request of a party, if both the person and a presidential member agree.

Mediation may continue
 (5) If a question has been referred to the Court under this section, the person conducting the mediation may continue mediation if he or she considers that it is appropriate.

Meaning of relevant interest
 (6) In this section, a person has a relevant interest in a proceeding if the person's interests may be affected by a determination in the proceeding.