Division 3 — Procedure for adjustment relief
assessor’s determination
Appointment of adjustment relief assessors
28.—(1)  If the adjustment relief Registrar has accepted for lodgment any notice mentioned in section 65(1) of the Act, he or she must send to the parties and their assignees, whose particulars are indicated in that notice, the following:
(a)an acknowledgment of receipt of the notice;
(b)a notice of appointment of one or more adjustment relief assessors;
(c)a notice of the date and place for the hearing, if applicable.
(2)  Where —
(a)either —
(i)the adjustment relief Registrar has refused to accept any notice of objection for lodgment under section 46(3) of the Act; or
(ii)any notice of objection lodged under section 46(1) of the Act has been withdrawn; and
(b)any determination is required to be made by an adjustment relief assessor for the adjustment of the rights and obligations of the parties and their assignees,
the adjustment relief Registrar must send the following to the parties and their assignees, whose particulars are set out in the notice of objection:
(c)a notice of appointment of one or more adjustment relief assessors;
(d)a notice of the date and place for the hearing, if applicable.
(3)  Where a party or a party’s assignee who lodged with the adjustment relief Registrar any notice mentioned in section 65(1)(a) to (d) of the Act (called in this regulation the relevant notice) or a notice of objection mentioned in section 46(3) of the Act, is aware that —
(a)proceedings against a party or a party’s guarantor or surety in relation to any subsequent failure, future loss or accrued arrears (as the case may be) are pending in a court, an arbitral tribunal or other person or body, at the time that the notice was lodged;
(b)a copy of the notice of negotiation or the notice of revision (in relation to the relevant notice or the notice of objection) has been lodged with the court, arbitral tribunal or other person or body; and
(c)the adjustment relief Registrar has appointed an adjustment relief assessor to make a determination,
that party or party’s assignee must, no later than 2 working days after the date the adjustment relief Registrar sends the notice of appointment of the adjustment relief assessor, file with the court, or submit to the arbitral tribunal or other person or body, before which the proceedings are pending, a notification of the status of the proceedings before the adjustment relief assessor in Form 12.
(4)  A notification of the status of the proceedings mentioned in paragraph (3) must —
(a)contain the following:
(i)information identifying the proceedings before the court, arbitral tribunal or other person or body;
(ii)in the case of a relevant notice —
(A)a declaration of service of that notice on the persons required to be served; and
(B)a declaration of lodgment of that notice with the adjustment relief Registrar;
(iii)in the case of a notice of objection mentioned in section 46(3) of the Act —
(A)a declaration that the adjustment relief Registrar has refused to accept the notice of objection for lodgment; or
(B)a declaration that the notice of objection lodged under section 46(1) of the Act has been withdrawn; and
(b)be accompanied by —
(i)a copy of the relevant notice or notice of objection (as the case may be); and
(ii)a copy of the notice of appointment of the adjustment relief assessor.
Amendment of notice
29.—(1)  Without limiting regulation 35, the adjustment relief Registrar may, at any stage of the proceedings before an adjustment relief assessor’s determination and on the application of a party or a party’s assignee, allow that person to amend any notice that has been lodged by that person.
(2)  The application for amendment and the amended notice (if applicable) must be served on the other party or parties and their assignees (but not on the person making the application) by the prescribed mode of service.
Hearing and determination by adjustment relief assessor
30.—(1)  An adjustment relief assessor must, when carrying out his or her duties or exercising his or her powers under these Regulations, act independently, impartially and in a timely manner.
(2)  A hearing is generally to be held in an asynchronous manner by exchange of email.
(3)  However, an adjustment relief assessor may direct —
(a)the hearing be held via video conferencing, teleconferencing or other electronic means; or
(b)any one or more of the following persons to attend before the adjustment relief assessor for a hearing:
(i)a party to the specified contract in question;
(ii)an assignee of any party to the specified contract;
(iii)a person claiming under or through a person mentioned in sub‑paragraph (i) or (ii),
if the adjustment relief assessor is of the opinion that the interest of justice would be better served if the hearing is held in the manner mentioned in sub‑paragraph (a) or if one or more of the persons mentioned in sub‑paragraph (b) attend before the adjustment relief assessor for the hearing, as the case may be.
(4)  An adjustment relief assessor may issue such directions as are necessary or expedient for the conduct of the hearing, including a direction to a party to the determination to provide such further documents or information that the adjustment relief assessor requires to make a determination.
(5)  An adjustment relief assessor may do either one or both of the following:
(a)permit a person who may be affected by the adjustment relief assessor’s determination, to participate in or attend the hearing in question;
(b)give that person a chance to be heard before the determination is made.
(6)  An adjustment relief assessor may permit a person to be accompanied by an interpreter at the hearing.
(7)  An adjustment relief assessor may at any time adjourn a hearing or fix a date for a further hearing.
(8)  An adjustment relief assessor may dispense with a hearing and make a determination solely by reference to the forms and documents submitted, if the adjustment relief assessor is of the opinion that those forms and documents are sufficient for the adjustment relief assessor to make his or her determination.
Where adjustment relief assessor unable to continue with proceedings
31.—(1)  If an adjustment relief assessor who is hearing any proceedings or making a determination is unable for any reason to continue with the proceedings or determination, the adjustment relief Registrar may appoint a new adjustment relief assessor or adjustment relief assessors in place of that adjustment relief assessor to hear the proceedings or make the determination.
(2)  The new adjustment relief assessor may, as the justice of the case requires —
(a)continue with the proceedings or determination from where the proceedings or determination had previously stopped; or
(b)hear the proceedings or make the determination afresh.
Where person directed to attend is absent from hearing
32.—(1)  Where a person who is directed by the adjustment relief assessor to attend before the adjustment relief assessor for a hearing under regulation 30(3) is absent from the hearing, the adjustment relief assessor may —
(a)deem that the person has withdrawn the notice lodged by that person; or
(b)hear the proceedings and make a determination.
(2)  A decision or determination made under paragraph (1) may, on an application by the person mentioned in paragraph (1), be set aside by the adjustment relief assessor or another adjustment relief assessor if that adjustment relief assessor is satisfied that the person had a good reason for being absent from the hearing, and that it is just in the circumstances to set aside the decision or determination made in that person’s absence.
(3)  An application under paragraph (2) must —
(a)be in Form 13; and
(b)be submitted to the adjustment relief Registrar, and served on the parties to a determination concerned (but not on the person that submitted the application) by the prescribed mode of service, no later than 5 working days after the date of the adjustment relief assessor’s decision or determination made under paragraph (1) is sent to the parties to the determination or such longer period as the adjustment relief Registrar may allow.
(4)  Any party to a determination that wishes to oppose the application for setting aside must, within a period directed by the adjustment relief Registrar, submit to the adjustment relief Registrar and serve on the person that submitted the application under paragraph (2), and every other party to the determination, by the prescribed mode of service, a reply in Form 14.
(5)  Where an adjustment relief assessor hearing the application decides to set aside the decision or determination made under paragraph (1) —
(a)he or she may do so on such terms as he or she considers just; and
(b)he or she may proceed to hear the parties to the determination and make the determination in relation to the specified contract.
Determination must be unanimous where more than one adjustment relief assessor
33.  Where more than one adjustment relief assessor is appointed to make a determination, the determination must be unanimous.
Notification of status of proceedings, etc., to court, etc.
34.—(1)  This regulation applies where, in relation to a notice of negotiation or notice of revision lodged with the adjustment relief Registrar —
(a)the adjustment relief Registrar determines that no adjustment relief assessor needs to be appointed under section 65(2) of the Act; or
(b)the proceedings before an adjustment relief assessor in relation to that notice have been concluded because all the determinations required to be made in relation to that notice have been made.
(2)  Where the party who served the notice of negotiation or notice of revision under section 45(1) or 53(1) of the Act, is aware that —
(a)proceedings against that party or that party’s guarantor or surety, in relation to any subsequent failure, future loss or accrued arrears (as the case may be) were pending in a court, an arbitral tribunal or other person or body, at the time of the determination under paragraph (1)(a) or the conclusion of the proceedings under paragraph (1)(b) (called in this paragraph relevant time); and
(b)a copy of the notice of negotiation or notice of revision (as the case may be) had been lodged by that party with the court, arbitral tribunal or other person or body,
that party must, no later than 2 working days after the relevant time, file with the court, or submit to the arbitral tribunal or other person or body, before which the proceedings are pending, a notification of the status of the proceedings for a determination.
(3)  A notification of the status of the proceedings for a determination mentioned in paragraph (1) must —
(a)be in Form 12;
(b)contain information identifying the proceedings before the court, arbitral tribunal or other person or body; and
(c)be accompanied by —
(i)a copy of the adjustment relief assessor’s determination or determinations; or
(ii)a copy of the adjustment relief Registrar’s determination that no adjustment relief assessor needs to be appointed under section 65(2) of the Act.