CADB practice and procedures
Applications to CADB are dealt with as either administrative matters or conduct matters according to the definitions of those terms in Practice Note 1 (PN1).
A Panel of the Board will be constituted by the Chairperson to conduct the hearing of any Applications filed by ASIC or APRA once the parties have been provided with an opportunity to prepare their evidence and submissions.
Hearings usually take place in person in the State in which a Respondent resides, although hearings by video or teleconference are possible, should a respondent not object, and preferred where possible in administrative matters.
CADB is obliged to provide procedural fairness to parties involved in proceedings before it and its procedures are designed to operate to ensure that all parties have adequate notice of the issues to be dealt with at a hearing, and an adequate opportunity to attend and present their case and their supporting evidence and submissions to the Panel, should they wish to do so.
Following the hearing, the Panel will deliver a determination to the parties in writing and, if relevant, provide an opportunity to the parties prior to finalising their decision, to make submissions as to what orders may be appropriate in light of the Panel’s findings.