Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:4:p44
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 4 (pt 44/154)
Character Range: 320816–323379

not been complied with, at the date the application is made; and
 (ii) the usual or last‑known place of residence or business of the person against whom it is sought to enforce the award or, if the person is a company, the last‑known registered office of the company.
 (4) If an order is made under subrule (1), the award:
 (a) has the force and effect of an order of the Court; and
 (b) accrues interest calculated in accordance with rule 39.06.
 (5) The application may be made without notice.
Note: Without notice is defined in the Dictionary.

28.14  Applications for order in terms of an award
 (1) A party may apply to the Court for an order in the terms of the award if:
 (a) the matter has not been referred to the arbitrator by the Court; but
 (b) the matter is a matter in which the Court has original jurisdiction.
 (2) A party who wants to make an application under subrule (1) must file an originating application, in accordance with Form 50.
 (3) The application must be accompanied by:
 (a) a copy of the arbitration agreement; and
 (b) a copy of the award; and
 (c) an affidavit stating:
 (i) the material facts demonstrating why the Court has original jurisdiction in the matter that is the subject of the award; and
 (ii) the extent to which the award has not been complied with, at the date the application is made; and
 (iii) the usual or last‑known place of residence or business of the person against whom it is sought to enforce the award or, if the person is a company, the last‑known registered office of the company.
 (4) The application may be made without notice.
Note: Without notice is defined in the Dictionary.
Rules 28.15–28.20 left blank

Division 28.3—Mediation

28.21  Nomination of mediator
  If an order referring a proceeding to mediation does not nominate a mediator, a Registrar will, as soon as practicable after an order for a mediation is made:
 (a) nominate a Registrar or some other person as the mediator; and
 (b) give the parties written notice of:
 (i) the name and address of the mediator; and
 (ii) the time, date and place of mediation; and
 (iii) any further documents that any of the parties must give to the mediator for the purposes of the mediation.
Note: In fixing the time and date for the mediation, the Registrar will:
(a) consult with the parties; and
(b) have regard to any order of the Court fixing the time within which the mediation must be started or completed, or both.

28.22  Conduct of mediation
  A mediation must be conducted in accordance with any orders made by the Court.

28.23  Report