New South Wales Consolidated Regulations

ADMINISTRATIVE DECISIONS TRIBUNAL RULES 1998 - REG 20

20 Issue of summons

(1) An application by a party to proceedings for a summons under section 84 must be made in or to the effect of the approved form.

(2) An applicant for a summons must provide the Registry with the following completed copies of the proposed summons:

(a) one copy for the file of the Tribunal,

(b) one copy for service on the person proposed to be named in the summons,

(c) one copy for the applicant,

(d) one copy each for all of the other parties to the proceedings.

(3) If a summons is issued, the summons (and any sealed copies of the summons required to be served under subrule (6)) must be served on the person named in the summons:

(a) where the summons is issued at the direction of the Tribunal-by or on behalf of the Registrar, or

(b) where the summons is issued on the application of a party-by or on behalf of that party.

(4) The summons must be served on the person named in the summons at least 5 days (or within such other period as the Registrar may direct) before the return date specified in the summons.

Note: Rule 42A makes provision for the reckoning of time for the purposes of these rules.

(5) If a summons is issued on the application of a party to proceedings, that party must, at the time the summons is served, cause to be paid or tendered to the person named in the summons a sum of money payable to the person in accordance with section 141 of the Act.

Note: Section 141 of the Act provides that a person (other than a public servant) who is required to appear or give evidence before the Tribunal is entitled to be paid such allowances and expenses as are ascertained in accordance with a scale of allowances and expenses prescribed by the regulations. Clause 12 of the Administrative Decisions Tribunal (General) Regulation 2004 provides for the prescribed scale of allowances and fees for witnesses required to appear or give evidence before the Tribunal.

(6) A sealed copy of the summons must be served on each party to the proceedings before the return date specified in the summons, except as provided by subrule (7).

(7) A sealed copy of the summons is not required to be served under subrule (6) on a party to proceedings if the party applied for the summons or is the person named in the summons.