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What is a pre-hearing settlement conference? |
A pre-hearing settlement conference (conference) is a conference
chaired by a Member of the Tribunal or the Registrar which is attended
by the parties and their lawyer or other representative.
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What are the objectives of the conference? |
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The objectives of the conference are to ensure that: |
- the issues between the parties are clear;
- all relevant evidence has been presented;
- opportunities to resolve the issues are explored.
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Is a conference always required? |
Unless the Tribunal otherwise orders, a conference must be held in all
contested matters (other than applications in a proceeding or appeals)
before a hearing date is set. In special circumstances, the Tribunal
Member for a matter may decide that a conference is not necessary or
appropriate. Prior mediation of the matter will not necessarily be
considered a special circumstance.
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How is a conference convened? |
If all parties' material has been filed, the Member may refer the
matter to the President so he can allocate a conference chairperson.
Alternatively a party may request a conference by contacting the
Member's case officer. The case officer will refer the request to the
President if all parties have already filed and served all the
material they propose to rely upon at the hearing. If that has not
been done, the case officer will refer the request for a conference to
the Member.
Once a chairperson has been allocated, a case officer will make the
necessary arrangements in consultation with the parties. Unless
otherwise decided by the chairperson, the conference will be set down
for 1 hour using Tribunal facilities.
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Who can be a conference chairperson? |
The President will allocate conferences to either a Member or the
Registrar.
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What is the conference chairperson's role? |
The conference chairperson facilitates a discussion between the
parties and their representatives designed to achieve the objectives
set out above. The chairperson does not make any decisions about the
matter but may express an opinion on the merits of arguments put by
the parties, if the chairperson considers that this may assist the
parties to achieve the objectives of the conference.
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What is the procedure for the conference? |
Parties must be represented by someone with authority to settle the
matter. If a party is legally represented, the legal representative
must attend. Witnesses, expert or otherwise, do not attend the
conference. Parties and their representatives should prepare to
discuss the strengths and weaknesses of their cases, with reference to
the material that has been filed. Parties must participate in a
genuine attempt to settle or reduce the issues in dispute.
Unless the chairperson decides otherwise, all parties and their
representatives will be present for the entire conference. The
chairperson may meet with all parties together in the absence of their
representatives or with all representatives together, in the absence
of their clients, if the chairperson considers it appropriate to
further the objectives of the conference. However, the chairperson
will not hold a private session with any one party or its
representative without first discussing this with all parties.
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What happens if the matter is settled? |
If the matter is settled, the chairperson will discuss with the
parties the options for putting the settlement into effect. That could
involve a written agreement being submitted to the Member or a request
for a directions hearing so the Member can make agreed orders. If the
Member has all the necessary information and all parties consent, the
matter may be finalised on the papers, without the need for an
appearance before the Tribunal.
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What happens if the matter is not settled? |
If the matter is not settled, the chairperson may facilitate a
discussion about the further conduct of the action. For example,
during the conference it may become clear that a party needs to file
further evidence or to further clarify their case. The chairperson
will discuss with the parties what needs to be done before the matter
is listed for a hearing. If the parties agree on directions, they may
be made on the papers, without the need for an appearance before the
Tribunal.
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What does the chairperson do after the conference ends? |
If it is not resolved, the chairperson of a conference cannot preside
at the hearing of the matter. It is referred back to the Member with a
report from the chairperson on the outcome of the conference. The
report does not include details of what occurred at the conference.
Click here to access a proforma settlement conference report. The
chairperson will discuss the general terms of the report they propose
to make with the parties and their representatives. A copy of the
report will be provided to the parties. The chairperson will not
retain any other record of the conference.
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Is the conference confidential? |
The conference is not a mediation. The confidentiality provisions of
the LRT Act 1999 do not apply to it. However,
unless required by law to do so, the chairperson (and any Tribunal
officer who assists) will not discuss with the Member, or any other
person not involved in the conference, what was said or what took
place at the conference, without the prior consent of all parties.
Whilst the chairperson and assisting case officer will observe
confidentiality, the parties and their representatives at the
conference are not bound by any requirement of confidentiality.
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