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Part 3 · Applications and References to Tribunal

30. Preliminary hearing of case

(1)

A party to a case may, at or after the time the case is filed, apply for a preliminary hearing.

(2)

The application must specify the date on which the case was filed and the relevant case file number.

(3)

Subject to paragraph (4), within 7 days after the notice of the bringing of a case is served, the presiding member —

(a)

must, if an application is made in accordance with paragraphs (1) and (2), fix a time and place for a preliminary hearing of the case; or

(b)

may, on his or her own motion, fix a time and place for a preliminary hearing of the case,for the purpose of dealing with any matter connected with the case.

(4)

Paragraph (3) does not apply to a case in respect of which the Tribunal decides not to have a hearing.

(5)

The secretary must cause a notice of the time and place fixed under paragraph (3) to be served on —

(a)

each party to the case; and

(b)

each person (if any) who has applied to the Tribunal to be made a party to the case.

(6)

Despite section 486, the presiding member may sit alone at the preliminary hearing of a case to hear and decide any matter arising in the preliminary hearing.

Subregulation 1

A party to a case may, at or after the time the case is filed, apply for a preliminary hearing.

Subregulation 2

The application must specify the date on which the case was filed and the relevant case file number.

Subregulation 3

Subject to paragraph (4), within 7 days after the notice of the bringing of a case is served, the presiding member —

(a)

must, if an application is made in accordance with paragraphs (1) and (2), fix a time and place for a preliminary hearing of the case; or

(b)

may, on his or her own motion, fix a time and place for a preliminary hearing of the case,for the purpose of dealing with any matter connected with the case.

Subregulation 4

Paragraph (3) does not apply to a case in respect of which the Tribunal decides not to have a hearing.

Subregulation 5

The secretary must cause a notice of the time and place fixed under paragraph (3) to be served on —

(a)

each party to the case; and

(b)

each person (if any) who has applied to the Tribunal to be made a party to the case.

Subregulation 6

Despite section 486, the presiding member may sit alone at the preliminary hearing of a case to hear and decide any matter arising in the preliminary hearing.

Report

Part 4

Records Royalty System Inquiry Procedure

Part 5

References to General Division of High Court

Schedules