New South Wales Consolidated Regulations

UNIFORM CIVIL PROCEDURE RULES 2005 - REG 38.5

38.5 Examination under an order for examination under rule 38.3

(cf DCR Part 32, rules 1 and 5; LCR Part 28, rules 1 and 3)

(1) Unless the court orders otherwise, examination of a person under an order for examination is to be conducted by the person on whose application the order was made.

(2) Examination of a person under an order for examination may be conducted by the court if--

(a) the person attends for examination following his or her arrest pursuant to a warrant issued under section 97 of the Civil Procedure Act 2005 as a consequence of the person's failure to comply with an order for examination, or

(b) the person attends for examination otherwise than at the time specified in the order, or

(c) the court is satisfied for any other reason that the circumstances so warrant.

(3) If the examination of a person under an order for examination is conducted by the court--

(a) the person may be required to answer questions on oath, and

(b) the examination may be conducted in open court or in the absence of the public, as the court directs, and

(c) the court must notify the person on whose application the order was made of the person's answers to the questions asked at the examination.

(4) An examination under this rule may be adjourned from time to time, as occasion requires.

(5) In this rule--

"order for examination" means an order for examination referred to in rule 38.3.