New South Wales Consolidated Regulations

WORKERS COMPENSATION COMMISSION RULES 2006 - REG 10.3

10.3 Material to be lodged with application or reply

(1) For the purposes of section 290 of the 1998 Act, a party to proceedings must lodge and serve with:

(a) the application to resolve the dispute, if the party is the applicant, or

(b) the reply required by rule 10.4 (1), if the party is a respondent, or

(c) the reply required by rule 11.1 (7), if the party is a party joined under rule 11.1 (4),

all information and documents on which the party proposes to rely and that are in the possession or control of the party, and that have not been lodged by a party in the current proceedings.

(2) Subject to subrules (3)-(5), a party may not in proceedings introduce evidence that has not been lodged and served as required by subrule (1) or has not been provided to any other party as required by the 1998 Act or any Regulation or Guideline made under that Act.

(3) The Commission may, if it is satisfied that it is necessary to do so in the interests of justice, allow a party to introduce evidence that the party would otherwise be prevented from introducing because of the operation of subrule (2).

(4) Where a party wishes to rely on a document produced as required by a direction issued under rule 13.4 or a notice for production served under rule 12.2, or inspected in response to a notice of objection served under rule 12.4 (1) (b) (i), and claims that the party was:

(a) unaware of the relevant information in the document, or

(b) unable to obtain possession of the document,

at the time the party lodged the application to resolve the dispute or reply by the party in the proceedings, the party must, as soon as practicable after becoming aware of the information, lodge and serve on all other parties to the proceedings:

(c) a copy of the document, or

(d) if the document was inspected in response to a notice of objection served under rule 12.4 (1) (b) (i), a description of the document.

(5) Without limiting subrule (3), where a party complies with subrule (4) in respect of any information, the Commission may allow the party to introduce evidence of that information.