Commonwealth Numbered Regulations

1994 No. 110 INDUSTRIAL RELATIONS COURT RULES - ORDER 24 RULE 13

13. (1) Witnesses shall not be examined to perpetuate testimony unless a
proceeding has been commenced for the purpose.

(2) Any person who would, in the circumstances alleged by that person to
exist, become entitled, upon the happening of any future event, to any
property, the right or claim to which cannot be tried before the happening of
the future event, may commence a proceeding to perpetuate any testimony which
may be material for establishing the right or claim.

(3) A proceeding to perpetuate the testimony of witnesses shall not be set
down for trial.

(4) Where a proceeding to perpetuate testimony touches any matter or thing in
which the Crown may have an interest, the Attorney-General may be made a
respondent.

(5) Where, pursuant to subrule (4), the Attorney-General is made a respondent
to a proceeding to perpetuate testimony, a deposition taken in that proceeding
shall not be inadmissible in other proceedings by reason that the Crown was
not a party to the proceeding to perpetuate testimony.

(6) Subrule (2) does not affect the right of any person to commence a
proceeding to perpetuate testimony in cases to which that subrule does not
apply.