(1)  A power under this Part to dismiss an application –

(a) must be exercised by order; and

(b) may be exercised at any time in the relevant proceeding –

but the Court must try to ensure that any exercise of the power happens at the earliest appropriate time.

(2)  The Court may make an order under this Part –

(a) of its own motion; or

(b) on an application by a party to the proceeding.

(3)  The Court may receive evidence on the hearing of an application for an order under this Part.

(4)  An appeal may be brought from an order of the Court under this Part only with the leave of the Court.

(5)  An appeal from an order of the Court under this Part lies to the Full Court of the Supreme Court.