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INDUSTRIAL RELATIONS (TRIBUNALS) RULES 2011 - REG 64B
Notice requiring non-party production
(1) A party to a proceeding may, by notice of non-party production, require a
person who is not party to the proceeding (the
"non-party" ) to produce to the party, within 14 days after service of the
notice on the non-party, a document— (a) directly relevant to a matter in
issue in the proceeding; and
(b) in the possession or under the control of
the non-party; and
(c) that is a document the non-party could be required to
produce at the hearing for the proceeding.
(2) The party may not require
production of a document if there is available to the party another reasonably
simple and inexpensive way of proving the matter sought to be proved by the
document.
(3) The non-party must comply with the notice but not before the
end of 7 days after service of the notice on the non-party.
(4) The
requirement, under this rule, for a non-party to produce a document is not an
ongoing duty.
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