Community Disputes Resolution Tribunals Rules 2015 · As enacted · Part 3 · Proceedings Before Tribunal
10. Application for person to enter into bond under section 6(3) of Act
Feedback & supportLast amended by an amending law of 2022.
An applicant who applies under section 6(1) of the Act for a special direction (called in this rule the first application) may at the same time or on a later date apply, in the relevant Form, for an order under section 6(3) of the Act that a person (called in this rule the respondent) enter into a bond to ensure that a contravening party complies with the special direction (called in this rule the second application).
The second application must be accompanied by any supporting evidence to prove the matters stated in that application.
The second application and supporting evidence must be served on the respondent —
in any case where the second application is filed at the same time as the first application, together with the first application; or
in any other case, within 14 days after the date on which the second application is filed.
The applicant must file a declaration of service in the relevant Form within 8 days after the date on which the application and the supporting evidence are served on the respondent.
A respondent who intends to contest the second application must, within 14 days after being served with the second application and the supporting evidence, file and serve on the applicant —
a reply in the relevant Form; and
any supporting evidence to prove the matters stated in the reply.
Except with the permission of the tribunal, no other document or evidence may be filed or served for the purposes of the second application.
Where the respondent fails to attend the hearing of the second application, the tribunal may adjourn the hearing of that application and issue an order in the relevant Form to compel the respondent to attend the adjourned hearing.
Subregulation 1
An applicant who applies under section 6(1) of the Act for a special direction (called in this rule the first application) may at the same time or on a later date apply, in the relevant Form, for an order under section 6(3) of the Act that a person (called in this rule the respondent) enter into a bond to ensure that a contravening party complies with the special direction (called in this rule the second application).
Subregulation 2
The second application must be accompanied by any supporting evidence to prove the matters stated in that application.
Subregulation 3
The second application and supporting evidence must be served on the respondent —
in any case where the second application is filed at the same time as the first application, together with the first application; or
in any other case, within 14 days after the date on which the second application is filed.
Subregulation 4
The applicant must file a declaration of service in the relevant Form within 8 days after the date on which the application and the supporting evidence are served on the respondent.
Subregulation 5
A respondent who intends to contest the second application must, within 14 days after being served with the second application and the supporting evidence, file and serve on the applicant —
a reply in the relevant Form; and
any supporting evidence to prove the matters stated in the reply.
Subregulation 6
Except with the permission of the tribunal, no other document or evidence may be filed or served for the purposes of the second application.
Subregulation 7
Where the respondent fails to attend the hearing of the second application, the tribunal may adjourn the hearing of that application and issue an order in the relevant Form to compel the respondent to attend the adjourned hearing.