Western Australian Consolidated Acts

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HOME BUILDING CONTRACTS ACT 1991 - SECT 24

24 .         Settlement

        (1)         If before or during the hearing of any proceedings under this Part it appears to the Disputes Tribunal either from the nature of the case or from the attitude of the parties that —

            (a)         one or each of the parties has not made sufficient attempt to settle the matters in dispute; or

            (b)         there is a reasonable possibility of the matters in dispute being settled,

                the Disputes Tribunal may —

            (c)         interview the parties in private (either with or without a person who may be representing any party) and endeavour to bring about a settlement of the matters in dispute on terms that are fair to all parties; or

            (d)         require the parties themselves to attempt to bring about a settlement of the matters in dispute.

        (2)         Nothing said or done in the course of any attempt to settle proceedings under this section may subsequently be given in evidence in any proceedings under this Part.

        (3)         Subject to the rules of natural justice, neither the Disputes Tribunal or any member is disqualified, by reason of anything done under subsection (1), from hearing or continuing to hear the proceedings if the Disputes Tribunal thinks fit to do so.

        (4)         Where proceedings are settled under this section, the Disputes Tribunal may embody the terms of the settlement in an order.

        (5)         Where proceedings are settled under this section, the Disputes Tribunal may not impose any penalty provided for by this Act.

        [Section 24 amended by No. 76 of 2000 s. 57.]

[ 25.         Deleted by No. 76 of 2000 s. 55.]

        [Heading inserted by No. 72 of 1996 s. 5; amended by No. 37 of 2002 s. 8.]

        [Heading inserted by No. 72 of 1996 s. 5.]



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