Australian Capital Territory Current Regulations

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COURT PROCEDURES RULES 2006 - REG 6825

Default of witness at examination

    (1)     This rule applies if–

        (a)     a person is required by subpoena or a notice under rule 6483 (Special witness—notice instead of subpoena) to attend before an examiner; and

        (b)     the person does not attend or refuses to take an oath for the examination, answer a lawful question or produce a document or thing.

    (2)     The examiner must, if asked by a party, give the party a certificate signed by the examiner of the facts mentioned in subrule (1).

    (3)     On the filing of the certificate, on application by any party, the court may order the person—

        (a)     to attend before the examiner, be sworn, answer the question or to produce the document or thing; and

        (b)     to pay any costs caused by the person's refusal.

Note     Pt 6.2 (Applications in proceedings) applies to an application for an order under this rule.



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