Commonwealth Consolidated Regulations

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FAMILY LAW REGULATIONS 1984 - REG 67N

Attendance of persons to give evidence

  (1)   An arbitrator conducting an arbitration may require a person (whether a party to the arbitration or not):

  (a)   to attend the arbitration to give evidence; or

  (b)   to produce documents; or

  (c)   to attend the arbitration to give evidence and produce documents.

  (2)   A party to an arbitration may apply to the court for the issue of a subpoena requiring a person (whether a party to the arbitration or not):

  (a)   to attend the arbitration to give evidence; or

  (b)   to produce documents; or

  (c)   to attend the arbitration to give evidence and produce documents.

  (3)   An application under subregulation   (2) must be made in accordance with the applicable Rules of Court.

Note:   If a person does not comply with a requirement under subregulation   (1), or a subpoena issued under subregulation   (2), in relation to an arbitration, a court may make such orders as it considers appropriate to facilitate the effective conduct of the arbitration--see subsection   13E(2) of the Act in relation to arbitration under section   13E of the Act, and section   13F of the Act in relation to relevant property and financial arbitration.



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