Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:4:p42
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 4 (pt 42/154)
Character Range: 315877–318557

by the Registrar, on each party to the proceeding in the court that has made the order transferring the proceeding:
 (a) at the party's address for service; or
 (b) if the party does not have an address for service—personally.
 (4) After an order is filed and the notice is attached, these Rules apply to the proceeding as if it had been started in the Court.
 (5) The party who files the order must, as soon as practicable after service of the order and the notice attached to the order, and before taking any further step in the proceeding, apply to the Court for directions in relation to the further conduct of the proceeding.
Note: On receipt of the order, and at the time of attaching the notice, the Registrar will allot a serial number to the order, as if the order were an originating application filed in the Registry.

Part 28—Alternative dispute resolution

Division 28.1—General

28.01  General
  Parties must, and the Court will, consider options for alternative dispute resolution, including mediation, as early as is reasonably practicable. If appropriate, the Court will help implement those options.

28.02  Orders that may be sought
 (1) A party may apply to the Court for an order that:
 (a) the proceeding or part of the proceeding be referred to an arbitrator, mediator, or some suitable person for resolution by an ADR process; and
 (b) the proceeding be adjourned or stayed; and
 (c) the arbitrator, mediator, or person appointed to conduct an ADR process report to the Court on progress in the arbitration, mediation or ADR process.
 (2) In this Part:
suitable person means a person who has been appointed under paragraph 28.02(1)(a).
Note 1: ADR process is defined in the Dictionary.
Note 2: The Court may refer a proceeding to an arbitration, a mediation or an ADR process of its own motion—see section 53A of the Act. The Court can only refer a proceeding to arbitration with the consent of the parties—see section 53A(1A) of the Act.

28.03  Arbitration, mediation and ADR process
  If the Court orders that a proceeding, part of a proceeding or matter arising in a proceeding be referred to an arbitrator, mediator or suitable person, the arbitration, mediation or the ADR process must be carried out in accordance with this Part.
Note: The Court may make further orders including an order for the time within which the mediation must start and finish.

28.04  Court may terminate mediation or ADR process
  A party may apply to the Court for an order:
 (a) terminating a mediation or ADR process; or
 (b) terminating the appointment of a mediator or suitable person.

28.05  Parties may refer proceeding to mediation, arbitration or ADR process
 (1)