Commonwealth Consolidated Regulations

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FEDERAL COURT RULES 2011 - RULE 29.23

Evidence of future right or claim

             (1)  If a person claims to be entitled to any property or office on the happening of a future event, the person may apply to the Court for an order that evidence that may be material to establishing the right or claim be taken and preserved.

             (2)  An application mentioned in subrule (1) must be made by filing an originating application, in accordance with Form 60.

             (3)  The respondent to the application is the person against whom the right is alleged or the claim is made.

             (4)  If the application is about any matter or thing in which the Crown may have an interest, the Attorney-General may be made a respondent.

             (5)  If the Attorney-General is made a respondent under subrule (4), a deposition taken in the proceeding may be admissible in other proceedings despite the Crown not being a party to the proceeding to obtain evidence for a future right or claim.

             (6)  The Court may take the evidence in a proceeding to obtain evidence for a future right or claim or it may appoint an examiner under rule 29.11.



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