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Asbestos-Related Diseases (Occupational Exposure) Compensation Act 2011 (No. 29 of 2011)
Requested:  25 Jul 2014
Consolidated as at:  21 Feb 2012

143. Parties' right to be heard

      (1) Subject to this section, the matter to be resolved in a proceeding before the Tribunal is to be resolved by the Tribunal on the evidence placed before it after all parties have been given a reasonable opportunity to be heard.

      (2) Subject to this section, an order made by the Tribunal in relation to a proceeding is lawful and effectual whether or not all parties to the proceeding have presented their cases.

      (3) If –

(a) the matter to be resolved has been determined in the absence of a party to the relevant proceeding; and

(b) that party has, within 5 business days after the party receives notice of the order made by the Tribunal, applied to the Tribunal for a rehearing –

the Tribunal may order that the matter be reheard if it appears to it that it is just and reasonable to do so.

      (4) An order under subsection (3) is –

(a) to be subject to the terms and conditions, if any, specified by the Tribunal, including terms and conditions as to the payment of costs; or

(b) to be unconditional, if the Tribunal is satisfied that no substantial injustice will be caused to a party to the relevant proceeding.

      (5) On an order being made under subsection (3) for the rehearing of an application for referral –

(a) the Registrar must give notice to all parties to the relevant proceeding of the making of the order and of the time and place appointed for the rehearing; and

(b) the order of the Tribunal made on the first hearing ceases to have effect unless it is restored under subsection (6).

      (6) If the party on whose application the rehearing of an application for referral is ordered does not appear at the time and place appointed for the rehearing or any adjournment of the relevant proceeding, the Tribunal, if it thinks fit and without rehearing or further rehearing the application, may direct that the order made on the first hearing of the application be restored.

      (7) An order, made on the first hearing of an application, to which a direction under subsection (6) relates is restored to full force and effect and is to be taken to have been of effect at all times since the time it was made.



CURRENT VIEW: 31 Oct 2011 -
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