Redress for unlawful discrimination Part IIB
Proceedings in the Federal Court and the Federal Circuit Court Division 2
Section 46PR
46PR Court not bound by technicalities
In proceedings under this Division, the Federal Court and the
Federal Circuit Court are not bound by technicalities or legal
forms. This section has effect subject to Chapter III of the
Constitution.
46PS Report by President to court
(1) The President may provide the Federal Court or the Federal Circuit
Court with a written report on a complaint that has been terminated
under paragraph 46PF(1)(b) or section 46PH.
(2) The report must not set out or describe anything said or done in the
course of conciliation proceedings under this Part (including
anything said or done at a conference held under this Part).
(3) The President may give a copy of the report to the applicant and
the respondent, and to any relevant member of the Commission.
46PSA Costs—court may have regard to an offer to settle
If:
(a) proceedings have been instituted under section 46PO against
a respondent to a terminated complaint; and
(b) an applicant or respondent has made, or makes, an offer to
settle the matter the subject of the complaint; and
(c) the offer was or is rejected;
the court, or a judge of the court, in deciding whether to award
costs in the proceedings, may have regard to the offer.
Note 1:
The Federal Court, or a judge of that court, may award costs in
proceedings under section 46PO—see section 43 of the Federal Court
of Australia Act 1976.
Note 2:
The Federal Circuit Court, or a judge of that court, may award costs in
proceedings under section 46PO—see section 79 of the Federal
Circuit Court of Australia Act 1999.
Australian Human Rights Commission Act 1986
Compilation No. 48
Compilation date: 20/12/18
Authorised Version C2019C00030 registered 14/01/2019
87
Registered: 14/1/19
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