South Australian Consolidated Acts South Australian Consolidated Acts (1) A relevant Act, or
the rules, may provide that proceedings of a specified class must at first
instance be referred to a conference under this section.
(2) The purpose of a
conference is to enable the member of the Court presiding at the conference
(appointed by the Senior Judge of the Court or selected in accordance with the
rules) to assist the parties to explore any possible resolution of the matters
in dispute without resorting to a formal hearing.
(3) The Court may
dispense with a conference if it is of the opinion that—
(a) no
useful purpose would be served by a conference between the parties prior to a
hearing of the matter; or
(b)
there is some other reason that justifies dispensing with the conference.
(4) A conference may,
at the discretion of the member of the Court presiding at the conference, be
adjourned or reconvened from time to time.
(5) Unless otherwise
determined by the member of the Court presiding at the conference, a
conference will be held in private.
(6) Any settlement to
which counsel or any other representative appearing on behalf of the party to
the proceedings agrees at the conference is binding on the party.
(7) The member of the
Court presiding at a conference may—
(a) if
that member is a magistrate or commissioner—refer any question of law to
a Judge of the Court for determination;
(b)
require a party to the proceedings to furnish particulars of his or her case;
(c)
determine who, apart from the parties to the proceedings (and their
representatives), may be present at the conference.
(d)
subject to subsection (9), record any settlement reached at a conference
and make any determination or order (including an order under, or for the
purposes of, a relevant Act) necessary to give effect to a settlement;
(e) on
his or her own initiative, close the conference at any time if, in his or her
opinion, settlement cannot be reached;
(f)
advise the Court if the conference does not reach a settlement within a
reasonable time;
(g)
permit a party to withdraw from the proceedings (and make any consequential
order that is appropriate in the circumstances);
(h) give
summary judgment (with costs) against any party who obstructs or delays the
conference, fails to attend the conference or fails to comply with a
regulation, or a rule or order of the Court;
(i)
do such other things as the rules of the Court may
provide.
(8) Evidence of
anything said or done in the course of a conference under this section is
inadmissible in proceedings before the Court except by consent of all parties
to the proceedings.
(9) The member of the
Court presiding at a conference—
(a) must
not accept a settlement that appears to be inconsistent with a relevant Act
(but he or she may adjourn the proceedings to enable the parties to explore
the possibility of varying the settlement to comply with a relevant Act); and
(b) may
decline to accept a settlement on the basis that the settlement may materially
prejudice any person who was not represented at the conference but who has a
direct or material interest in the matter.
(10) If the member of
the Court presiding at a conference is unable to continue with the conference,
another member of the Court may be appointed to continue and complete the
conference.
(11) Unless all
parties to the proceedings agree to his or her continued participation, the
member of the Court who presided at the conference is disqualified from
sitting as a member of the Court for the purpose of hearing and determining
the matter.