Australian Capital Territory Current Regulations Australian Capital Territory Current Regulations(1) This rule applies to an application for leave made under the Service and Execution of Process Act 1992
(Cwlth), section 76 to serve an examination summons issued by the ACT Integrity Commission outside the ACT.
(2) An application for leave is made by filing—
(a) an affidavit in support of the application; and
Note See approved form 6.11 (Affidavit—general) title="AF2007-72">AF2007-72
.
(b) a copy of the summons annexed to the affidavit; and
(c) a draft order.
Note See approved form 6.24A (Order to serve ACT Integrity Commission summons outside ACT) title="AF2020-101">AF2020-101
.
(3) The affidavit in support of the application must state—
(a) for a summons to attend to give evidence—
(i) the evidence the addressee is expected to give at the examination; and
(ii) why the addressee's evidence is necessary; and
(iii) whether the addressee has been told about the examination and, if so, whether the addressee is able to attend the examination; and
(iv) the hearing date for the examination and the date the summons must be served before; and
(b) for a summons to produce—
(i) why the document or thing required to be produced by the summons is necessary; and
(ii) whether the addressee has been told about the summons and, if so, whether the addressee is able to produce the document or thing before the compliance date; and
(iii) the date for the examination and the date the summons must be served before.
(4) Part 6.2 (Applications in proceedings) does not apply to an application under this rule.
(5) The affidavit need not be served on anyone unless the court otherwise orders on its own initiative.
(6)
Unless the court otherwise orders on its own initiative, an application under
this rule may be dealt with without a hearing and in the absence of the
parties.
Note to pt 6.10
Pt 2.12 contains provisions about expert evidence in civil proceedings.