New South Wales Consolidated Regulations

WORKERS COMPENSATION COMMISSION RULES 2006 - REG 13.13

13.13 Summons-issue and service

(1) A request by a party for the issue of a summons under section 359 of the 1998 Act in any proceedings is to be made by lodging the summons.

(2) The Registrar must ensure that the correct date, time and place for the attendance of the person required to attend (the attendee) are specified in the summons, and must then seal and issue the summons.

(3) The party who requested the issue of the summons must serve the summons on the attendee, and on each other party to the proceedings, not less than 7 days before the date on which the attendee is required to attend.

(4) Where the party who requested the issue of the summons applies in writing to the Registrar for the abridgment of the time specified in subrule (3), and provides written reasons for the application, the Registrar may abridge that time if the Registrar is satisfied that:

(a) the attendee has consented to the abridgment, or

(b) the circumstances of the case warrant the abridgment.

(5) The attendee is not required to comply with a summons unless:

(a) the summons is served on the attendee in accordance with these rules, and

(b) an amount sufficient to meet the reasonable expenses of compliance is paid or tendered to the attendee at the time of service of the summons or not later than a reasonable time before the time at which the attendee is required to attend.

(6) The amount sufficient to meet the reasonable expenses of compliance referred to in subrule (5) (b) is to be calculated in accordance with any relevant provision of the Workers Compensation Regulation 2003 .

(7) Where the attendee is not a party to the proceedings and in consequence of the service of the summons incurs expense or loss substantially exceeding any amount paid or tendered as referred to in subrule (5) (b), the Registrar may order that the party who requested the issue of the summons pay to the attendee an additional amount in respect of the expense or loss.