Northern Territory Consolidated Regulations

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MOTOR ACCIDENTS (COMPENSATION) APPEAL TRIBUNAL RULES - REG 9

Subpoenas

    (1)     On the application of a party, the Registrar may issue a subpoena requiring the attendance of a witness or the production of a document or thing at the hearing of a reference.

    (2)     Where a person named in a subpoena for the production of a document or thing, being a subpoena requiring attendance before the Tribunal, is not a party, the subpoena shall, unless the Tribunal otherwise orders, permit the person to produce the document or thing to the Registrar not later than the day before the first date on which the person's attendance is required, instead of attending and producing the document or thing as required by the subpoena.

    (3)     Subrule (2) shall not apply to so much of a subpoena that requires the person named to attend to testify at the hearing of the reference.

    (4)     Where a person named in a subpoena is not a party and the person incurs substantial expense or loss in complying with the subpoena, the Tribunal may order that the party who requested the issue of the subpoena pay to the person an amount which is sufficeint to compensate the person for such expense or loss as is reasonably incurred or lost by that person in complying with the subpoena.

    (5)     The Tribunal may, on the application of a person named in a subpoena, set aside the subpoena in whole or in part.

    (6)     A notice of an application under subrule (5) shall be filed with the Registrar and the person making the application shall serve a copy of the notice on the party at whose request the subpoena was issued.



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