Commonwealth Consolidated Regulations

[Index] [Table] [Search] [Search this Regulation] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

FEDERAL COURT RULES 2011 - RULE 34.50

Experimental proof as evidence

             (1)  If a party (the proponent ) proposes to tender, as evidence in a proceeding, experimental proof of a fact, the proponent must apply for orders in relation to the experimental proof, including orders about any of the following:

                     (a)  the service on other parties of particulars of the experiment and of each fact that the proponent asserts is, will or may be proved by the experiment;

                     (b)  any persons who must be permitted to attend the conduct of the experiment;

                     (c)  the time when, and the place where, the experiment must be conducted;

                     (d)  the means by which the conduct and results of the experiment must be recorded;

                     (e)  the time by which any other party (the opponent ) must notify the proponent of any grounds on which the opponent will contend that the experiment does not prove a fact that the proponent asserts is, will or may be proved by the experiment.

             (2)  Evidence of the conduct and results of the experiment is admissible in the proceeding, only:

                     (a)  if the proponent has complied with subrule (1) and any orders given under that subrule; or

                     (b)  with the leave of the Court.

             (3)  If an order mentioned in paragraph (1)(e) has been made, and the opponent has not complied with the order in relation to a ground, the opponent may rely on the ground only with the leave of the Court.

Rules 34.51-34.60 left blank



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback