New South Wales Consolidated Acts

AGRICULTURAL TENANCIES ACT 1990 - SECT 26

26 Referral of disputes and matters to court

(1) The Director-General may, instead of referring a dispute or matter to arbitration, by order in writing, refer the dispute or matter to a court.

(2) The Director-General may not make an order unless the Director-General is of the opinion that:

(a) the court would, apart from section 22, have jurisdiction to determine the dispute, and

(b) at least one of the parties consents to the referral, and

(c) it is in the public interest or in the interests of the parties to do so.

(3) An order may be made on the Director-General’s initiative or on the application of a party.

(4) An order for referral takes effect on service of a copy of the order on the registrar of the court or on other notification of the court in accordance with the rules of the court.

(5) The Director-General must lodge with the registrar of the court a copy of every document or part of a document relating to the dispute or matter that is in the possession, or under the control, of the Director-General that the Director-General considers appropriate.

(6) The Director-General must cause a copy of an order referring a dispute or matter to a court to be served on each party.

(7) A dispute or matter referred to a court under this section is to be dealt with by that court is if it were a matter originated in that court.

(8) Rules of court may be made with respect to procedures for dealing with disputes or matters referred under this section.

(9) Section 22 does not apply to a dispute or matter referred to a court under this section.