UNIFORM CIVIL PROCEDURE RULES 2005 - REG 24.4 Judicial officer or court officer as examiner

UNIFORM CIVIL PROCEDURE RULES 2005 - REG 24.4

24.4 Judicial officer or court officer as examiner

(cf SCR Part 27, rule 1C; DCR Part 25, rule 3)

(1) A judicial officer or other officer of the court may not act as an examiner otherwise than with the concurrence of the senior judicial officer.

(2) An applicant for an order for a person's examination, outside New South Wales, by a judicial officer or other officer of the court may request the proposed examiner to certify the amount which in his or her opinion should be paid into court as provision for expenses of the examination.

(3) Such an order may be expressed to be conditional on the payment into court, by such person and within such time as the court may specify, of not less than the amount certified in accordance with subrule (2).

(4) If satisfied that the amount paid or payable into court is or may be insufficient to provide for the expenses of the examination, the court, on application of the registrar--

(a) may make an order directing the party on whose application the order for examination was made to pay into court such further amount, and within such time, as the court may specify, and

(b) may make an order--

(i) staying the proceedings, so far as they concern the whole or any part of any claim for relief by that party, or

(ii) suspending the operation of the order for examination,

until such payment is made.

(5) The registrar must apply so much of the amount paid into court as may from time to time be required for the purpose in the payment, to or at the direction of the examiner, of--

(a) expenses incurred in relation to the examination, or

(b) advances for expenses to be incurred in relation to the examination.

(6) Any amount paid under subrule (5) that is not required for expenses in relation to the examination must be repaid into court.

(7) After the conclusion of the examination, on the examiner certifying that no expenses in relation to the examination remain unpaid or unrecouped from the money in court, the registrar must, subject to any order of the court, refund to the person by whom the money was paid into court (and, if more than one, in the same proportions as their respective payments into court) any money remaining in court.