Western Australian Consolidated Acts

OWNER-DRIVERS (CONTRACTS AND DISPUTES) ACT 2007 - SECT 49

49 .         Other jurisdictions

        (1)         Where —

            (a)         a dispute has been referred to the Tribunal; and

            (b)         at the time the dispute was referred no issue arising under the referral was the subject of civil proceedings before a court,

                a court has no jurisdiction to hear or determine such an issue in civil proceedings unless subsection (2) applies.

        (2)         This subsection applies if the dispute, or the part of the dispute to which the issue referred to in subsection (1) relates, is withdrawn or is dismissed for want of jurisdiction.

        (3)         Where —

            (a)         a dispute has been referred to the Tribunal; and

            (b)         at the time the dispute was referred an issue arising under the referral was the subject of civil proceedings before a court,

                the Tribunal, on becoming aware of those proceedings, ceases to have jurisdiction to hear or determine the issue unless subsection (4) applies.

        (4)         This subsection applies if —

            (a)         the proceedings referred to in subsection (3) are, or the part of the proceedings relating to the issue referred to in that subsection is, transferred to the Tribunal by the court concerned; or

            (b)         those proceedings are, or that part of those proceedings is, withdrawn or dismissed by the court or by another court on appeal in those proceedings, for want of jurisdiction or without deciding the issue on its merits; or

            (c)         as a result of judicial review, a court quashes or declares invalid those proceedings or that part of those proceedings or any order, judgment or decision made in those proceedings in relation to the issue, on the ground that the court concerned had no jurisdiction to hear and determine the issue.