New South Wales Consolidated Regulations

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Court assistance in taking evidence

47.5 Court assistance in taking evidence

(cf SCR Part 72A, rule 8)

(1) This rule applies where a request for assistance of the court is made by an arbitral tribunal or party to an arbitration with the approval of an arbitral tribunal.
(2) Rule 24.3 applies to an arbitration under the Commercial Arbitration Act 2010 in the same way as it applies to proceedings in the court.
(3) If any order is made pursuant to rule 24.3 as so applied, the other provisions of Part 24 apply as if--
(a) a reference in that Part to proceedings included a reference to the arbitration proceedings, and
(b) the provisions of rule 24.14(4), (5) and (6) were omitted.
(4) Unless the court otherwise orders, the examiner must send the transcript of evidence, any document that constitutes an audio-visual recording and the exhibits to the registrar.
(5) On receiving the transcript of evidence, the registrar must file it in the proceedings on the examination.
(6) The court may make orders for the transmission to the arbitral tribunal of the transcript of evidence, document, any exhibit or copy of any exhibit and any such transcript, document, exhibit or copy is taken to have been taken or received (as the case requires) in the course of the arbitration proceedings.

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