Agriculture, Food and Rural Affairs Appeal Tribunal (Tribunal)

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Rule 30 - Order of Presentation at a Hearing

Adding parties

30.01 Where persons who are not parties to a proceeding wish to make submissions, the Tribunal will, by way of preliminary matters, determine the issues that these persons wish to address and establish the time in the proceedings that the Tribunal will hear these persons, but no such person will be heard unless willing to undergo cross examination by the parties to the hearing.

Opening Statements

30.02 Unless the Tribunal directs otherwise, each party at the beginning of the hearing may give a brief opening statement that describes the issues that the party will address during the hearing. The statement should include a brief outline of the evidence the party intends to call, a list of witnesses and the desired outcome of the hearing.

Order of presentation

30.03 Unless specified otherwise in the statute or otherwise directed by the Tribunal at the start of a hearing, the order of presentation at the hearing will be

  • the presentation of the evidence of the appellant,
  • cross examination by the parties,
  • questions from the Tribunal,
  • presentation of evidence by the respondent,
  • cross examination by the appellant,
  • questions from the Tribunal,
  • reply evidence from the appellant (if any),
  • cross examination on the reply by the respondent,
  • questions from the Tribunal,
  • summation by the appellant
  • summation by the respondent, and
  • reply by the appellant to any unexpected issue raised in the summation of the respondent.

Variation for appeals under Drainage Act

30.04 At hearings of appeals made under the Drainage Act, at the commencement of the hearing, a brief overview may be presented by the engineer who prepared the report under appeal.

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