Document ID: chunk:federal_register_of_legislation:C2010C00151:clause:3_110g
Version: federal_register_of_legislation:C2010C00151
Segment Type: clause
Provision Reference: sch 3 cl 110G
Character Range: 266951–268510

110G  Courts may make findings of fact

 (1) If a party to a proceeding before the SSAT appeals to a court under this Subdivision, the court may make findings of fact if:
 (a) the findings of fact are not inconsistent with findings of fact made by the SSAT (other than findings made by the SSAT as the result of an error of law); and
 (b) it appears to the court that it is convenient for the court to make the findings of fact, having regard to:
 (i) the extent (if any) to which it is necessary for facts to be found; and
 (ii) the means by which those facts might be established; and
 (iii) the expeditious and efficient resolution of the whole of the matter to which the proceeding before the SSAT relates; and
 (iv) the relative expense to the parties of the court, rather than the SSAT, in making the findings of fact; and
 (v) the relative delay to the parties of the court, rather than the SSAT, in making the findings of fact; and
 (vi) whether any of the parties considers that it is appropriate for the court, rather than the SSAT, to make the findings of fact; and
 (vii) such other matters (if any) as the court considers relevant.

 (2) For the purposes of making findings of fact under subsection (1), the court may:
 (a) have regard to the evidence given in the proceeding before the SSAT; and
 (b) receive further evidence.

 (3) Subsection (1) does not limit the court's power under paragraph 110F(2)(b) to make an order remitting the case to be heard and decided again by the SSAT.

Subdivision C—References of questions of law from SSAT