Non National Electricity Rules Disputes rules of evidence
Non National Electricity Rules Disputes determination
(a) will determine what, if any, adjustments may be necessary between the parties; or
(b) if relevant, determine the amendments required to the terms of this Agreement. The determination of the Independent Expert will be, in the absence of bias or manifest error, final and binding upon the parties.
Non National Electricity Rules Disputes obligations not suspended
Non National Electricity Rules Disputes role of Independent Expert
(a) act as an expert and not as an arbitrator;
(b) have no interest or duty which conflicts, or which may conflict, with his or her function as the Independent Expert;
(c) determine the genuineness or otherwise of a dispute;
(d) not be a former or current employee or representative of either party or of a related body corporate of either of them;
(e) disclose fully to the parties, before being appointed, any interest or duty which may conflict with his or her position; and
(f) treat all matters related to the dispute, including the existence of the dispute, as confidential.
Non National Electricity Rules Disputes representation and evidence
(a) may be legally represented at any hearing before the Independent Expert;
(b) will be entitled to produce to the Independent Expert any materials or evidence which that party believes is relevant to the dispute; and
(c) will make available to the Independent Expert all materials requested by him or her and all other materials which are relevant to his or her determination.
Non National Electricity Rules Disputes costs
(a) the remuneration of the Independent Expert will be borne equally by the parties;
(b) unless the parties otherwise agree, the Independent Expert will determine which party will bear the costs of the determination and in what proportion, having regard to the degree to which he or she considers that party was at fault or unreasonable in failing to agree to the matter under reference, and that party will bear those costs accordingly; and
(c) the parties will bear their own costs incurred in the preparation and presentation of any submissions or evidence to the Independent Expert.
Non National Electricity Rules Disputes reference to Chief Executives or nominees
(a) Where clause 17.2(c) applies, either party may, by written notice, refer the dispute to resolution by the respective Chief Executives (or the Chief Executives’ nominee) of the parties whose resolution, if so reached, shall be binding in accordance with this clause.
(b) The Chief Executives (or their nominees) will use their reasonable endeavours to resolve the dispute within a period of 10 business days from the service of the notice under clause 17.3(a).
(c) If the dispute remains unresolved at the end of the period referred to in clause 17.3(b) then either party may require that the dispute be determined under clause 17.4.
Non National Electricity Rules Disputes reference to and appointment of Independent Expert
(a) Where clause 17.3(c) applies, either party may require that the dispute be determined by an independent expert appointed in accordance with clause 17.4(b) (‘Independent Expert’).
(b) The party wishing to have the dispute determined by an Independent Expert will give written notice to that effect to the other party specifying the nature of the dispute. The parties will meet and use all reasonable endeavours to agree upon the identity of the Independent Expert, but if they are unable to agree within 5 business days of the notice, then either party may refer the matter to the President for the time being of the Law Society of Queensland (or, if that body no longer exists, then to the President for the time being of such successor body or association as is then performing the function formerly carried out by the Law Society of Queensland), to nominate a suitably qualified person to act as the Independent Expert to determine the dispute.
Non National Electricity Rules Disputes first stage dispute resolution
(a) If a dispute under or in relation to this Agreement, other than a dispute referred to in clause 17.1, arises between the parties a party may, by written notice, refer the dispute to resolution in accordance with this clause. The notice shall state that it is a notice under this clause and shall identify the dispute concerned and the clauses of this agreement relevant to the dispute.
(b) The parties will use their reasonable endeavours to resolve the dispute within a period of 10 business days from the service of the notice under clause 17.2(a).
(c) If the dispute remains unresolved at the end of the period referred to in clause 17.2(b) then either party may require that the dispute be determined under clause 17.3.
Non National Electricity Rules Disputes reference to and appointment of Independent Expert Formatted: English (Australia) Formatted: English (Australia)
(a) Where clause 17.317.3(c) applies, either party may require that the dispute be determined by an independent expert appointed in accordance with clause 17.417.4(b) (‘Independent Expert’). Electricity Industry Code: NinthTenth Edition
(b) The party wishing to have the dispute determined by an Independent Expert will give written notice to that effect to the other party specifying the nature of the dispute. The parties will meet and use all reasonable endeavours to agree upon the identity of the Independent Expert, but if they are unable to agree within 5 business days of the notice, then either party may refer the matter to the President for the time being of the Law Society of Queensland (or, if that body no longer exists, then to the President for the time being of such successor body or association as is then performing the function formerly carried out by the Law Society of Queensland), to nominate a suitably qualified person to act as the Independent Expert to determine the dispute.
