Commonwealth Numbered Regulations

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FEDERAL COURT RULES 2011 (SLI NO 134 OF 2011) - RULE 34.128

Taking evidence

                A party may apply to the Court for an order:

                (a)    that an assessor be appointed to:

                          (i)    take evidence from a party to a proceeding at a time, date and place arranged with the party; and

                         (ii)    decide how the evidence is to be recorded; and

                        (iii)    to prepare a report of the evidence and give it to the Court by a specified time; and

               (b)    that a person be summoned to appear before the assessor to give evidence or produce documents or other things.

Note    Section 83 of the Native Title Act allows the Chief Justice to direct an assessor to assist the Court in relation to a proceeding, subject to the control and direction of the Court.

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