Document ID: chunk:federal_register_of_legislation:C2007C00532:clause:2_136da
Version: federal_register_of_legislation:C2007C00532
Segment Type: clause
Provision Reference: sch 2 cl 136DA
Character Range: 57647–59318

136DA  Referral of questions about whether a party should be dismissed

Referral of questions to Federal Court

 (1) Subject to subsections (2) and (3), if the presiding member 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 136A(4) does not apply to the extent that words spoken or acts done at a conference under that section relate to that question.

Presiding member not a consultant

 (3) If the presiding member 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 presiding member; or
 (b) at the request of a party, if the presiding member agrees.

Presiding member a consultant

 (4) If the presiding member 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 presiding member, if a presidential member agrees; or
 (b) at the request of a party, if both the presiding member and a presidential member agree.

Mediation may continue

 (5) If a question has been referred to the Court under this section, the presiding member 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.