Chapter 7: Complaints, Applications and Tribunal Hearings
Part F: Conduct of Tribunal proceedings
R149: Pre-hearing conferences
- (1 ) Before, or within 20 business days after, the filing of documents is completed, a member of the Tribunal assigned by the Chairperson may convene a pre-hearing conference on a date and at a time determined by that member with-
- (a) the initiating party;
- (b) each complainant in the matter;
- (c) each Respondent; and
- (d) any intervenors.
- (2) If a point of law has been raised, and it appears to the assigned member of the Tribunal at a pre-hearing conference to be practical to resolve that question before proceeding with the Conference, the member may-
- (a) direct the recording officer to set only that question down for hearing by the Tribunal; and
- (b) may adjourn the pre-hearing conference pending the resolution of that question by the Tribunal.
- (3) The assigned member of the Tribunal may adjourn a pre-hearing conference from time to time.
- (4) Pre-hearing conferences may be conducted in person or by telephone or both, need not follow formal rules of procedure, and are not open to the public.
- (5) At a pre-hearing conference, the assigned member of the Tribunal may-
- (a) establish procedures for protecting confidential information, including the terms under which participants may have access to that information;
- (b) direct the Commission to investigate specific issues or obtain certain evidence; or
- (c) give directions in respect of-
- (i) technical or formal amendments to correct errors in any documents filed in the matter;
- (ii) any pending Notices of Motion;
- (iii) clarifying and simplifying the issues;
- (iv) obtaining admissions of particular facts or documents;
- (v) the production and discovery of documents whether formal or informal;
- (vi) witnesses to be called by the Tribunal at the hearing, the questioning of witnesses and the language in which each witness will testify;
- (vii) a timetable for-
- (aa) the exchange of summaries of expert opinions or other evidence that will be presented at the hearing; and
- (bb) any other pre-hearing obligations of the parties;
- (viii) determine the procedure to be followed at the hearing, and its expected duration;
- (xi) a date, time and schedule for the hearing; or
- (x) any other matters that may aid in resolving the matter.
- (6) At a pre-hearing conference, the assigned member of the Tribunal may require each participant to submit at a date to be determined, but before the hearing, a written statement summarising its argument, if any, with respect to the complaint, and identifying what it believes are the major unresolved issues.
- (7) After concluding a pre-hearing conference, the assigned member of the Tribunal must issue an order recording any agreements or rulings arising from matters considered at the pre-hearing conference.
- (8) A member of the Tribunal assigned by the Chairperson may schedule a further prehearing conference on their own motion, and the provisions of this regulation apply to such a conference.
Related Regulations
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