Victorian Numbered Regulations

SUPREME COURT (GENERAL CIVIL PROCEDURE) RULES 2015 (SR NO 103 OF 2015) - REG 31.05

Where the consent of a party to be orally examined is filed under Rule 31.04—

        (a)     the party shall be liable to be examined in accordance with this Order;

        (b)     if the party fails to comply with an order of the Court to attend an examination or answer a question, Rule 24.02, with any necessary modification, applies as if the failure were a failure of a kind referred to in that Rule;

        (c)     at the trial of or on the hearing of an application in the proceeding—

              (i)     the examining party may, in accordance with Rule 30.11, use in evidence the answers given under this Order by the party examined; and

              (ii)     that Rule, with any necessary modification, applies as if the answers were answers of the party examined to written interrogatories served by the examining party.