|
Purpose of the Guide |
If a dispute is not fully resolved by mediation, a hearing by the LRT
may be necessary. An exit session with parties, conducted by the
Mediator, can assist parties to make the transition from mediation to
adjudication by the LRT. This guide is designed to prompt mediators
about matters the parties should consider. Mediators are not expected
to and cannot advise parties on how to prepare their case. However,
there are some issues raised in the guide that it may be useful for
the parties to discuss with the assistance of the mediators. It is
useful for the parties' attention to be drawn to such matters when it
appears that a full settlement is not feasible. Parties may wish to
try to reach agreement on these matters with the Mediator's assistance
or may negotiate suitable arrangements to do this themselves. In
either case, the assistance of the mediators will be a useful
contribution to the process. Parties can be provided with copies of
the guide.
|
|
General Overview of LRT |
- For exercising its jurisdiction, it has all the powers of the
Supreme Court, but its procedures are less formal than the Supreme
Court.
- It is not bound by the rules of evidence, but must observe the
rules of natural justice (i.e. treat all parties fairly).
- Its hearings are normally open to the public (they can be closed
to deal with cultural or other confidential issues).
- Parties may be represented by a lawyer or an agent or may appear
for themselves. If lawyers do appear, they will not wear wigs and
gowns. Neither do the Members.
- Costs are normally not awarded and in most cases each party will
have to bear their own costs of a hearing. In a recent judgment it
was decided that, even if costs are awarded, the costs of non-legal
representatives cannot be recovered.
- Depending on the type of matter it is, the hearing may be heard
by 1 Member of the LRT or by a panel of 2 or more Members.
- Each Member of the LRT has a Case Officer who can provide
information and assistance to parties. If the matter hasn't been
allocated to a particular Member, the Senior Case Manager should be contacted.
- Further information about the practice and procedure of the LRT
is available on this web site, including
copies of the Act and Rules, practice directions, notices and forms,
and information for parties not represented by lawyers. There are also flow charts that explain the LRT's processes
for both mining and non-mining matters. This material can also be
obtained by contacting the LRT on (07) 3406 7777.
|
|
Directions Hearings |
- Directions hearings are usually held shortly after a matter is
first brought before the LRT. Further directions hearings will be
held as required.
- The purpose of directions hearings is to work out procedural
issues about what each party must do to prepare for the hearing and
how the hearing will be conducted.
- Parties can also ask for the matter to be listed for a
directions hearing if issues arise during preparation for the
hearing on which they need a ruling by the LRT. This should be done
by filing an Application in a Proceeding
(form 4).
- Directions hearings are routinely conducted by telephone when
parties are located outside Brisbane.
- The matters discussed below are all matters that parties should
be prepared to discuss at a directions hearing.
|
|
Defining the Issues |
Will the LRT have to hear all of the issues or have the parties agreed
some already? Can the parties prepare a statement of agreed facts and
of issues that they disagree on? Would it help if an agreed chronology
of relevant events was prepared. These types of documents can shorten
proceedings and help the LRT and the parties focus on the areas that
are still in dispute.
|
|
Disclosure |
Do the parties want to see documents held by another party? Parties
should read Practice Direction 10/2000 "Disclosure of documents".
|
|
Inspection of Property |
Do the parties want to inspect property held by another party? The LRT
will want to know why it is relevant to the hearing to do this.
|
|
View |
Do the parties want the LRT to view an area (eg a proposed mining
lease or a site of significance)? The LRT will want to know why it is
relevant to the hearing, when the view should be conducted and any
special arrangements necessary such as transport or access. Do the
parties want their experts to be present at the view. If so, how will
their presence assist the LRT?
|
|
Location of Hearing |
Where do the parties want the hearing to be conducted? The LRT will
travel to regional and remote locations, where it is appropriate to do
so.
|
|
Composition of the LRT |
The President determines the composition of the LRT. Do the
parties want the matter heard by a single Member or by a panel? If a
panel, what areas of expertise would be appropriate?
|
|
Evidence |
Parties will need to prepare evidence in order to present their case
to the LRT. Do they want to do this by affidavit (written statements)
or by witnesses attending in person or by a combination of both? When
will their witnesses be available? Do the parties want any of the
evidence to be given by telephone or by videoconference? If so,
parties should read Practice Direction 13/2000 "Taking evidence by
telephone".
Parties will also need to organise documents they have got that are
relevant to the issues. Originals should be provided, if they are
available. They will need to have sufficient copies for the other
parties and the LRT Member or panel. Photographs, plans, maps and
video footage may also aid parties in presenting their case. The LRT
may order them to show those documents to other parties (see
Practice
Direction 10/2000 "Disclosure of documents").
|
|
Expert Witnesses |
|
Do the parties want the LRT to hear from experts about any of the
issues? If so, how will expert evidence be given? Will each party call
their own expert or could the LRT appoint an expert to discuss the
matter with all the parties and then make a report to the LRT? If
parties want to call their own expert, are there any periods during
which the expert is not available? How long will their expert need to
investigate the matter and prepare their report? Parties should read Practice Directions
11/2000 "Guidelines for expert witnesses" and
4/2003 "Hearing procedures - "hot-tubbing". |
|
|
