DUST DISEASES TRIBUNAL REGULATION 2001 - REG 58 Issue

This legislation has been repealed.

DUST DISEASES TRIBUNAL REGULATION 2001 - REG 58

58 Issue

(1) On request by a party, the Registrar must issue a subpoena to give evidence or a subpoena for production or a subpoena both to give evidence and for production.

(2) Subclause (1) does not prevent the issue of a subpoena to give evidence and a subpoena for production to the same person in the same proceedings.

(3) Subject to subclause (4) a party requesting the issue of a subpoena must produce the subpoena to the Registrar in duplicate.

(4) Where a party requests in any proceedings the issue of several subpoenas to give evidence in similar terms but addressed to different persons, the party need produce only one original, but that original must contain the name of each person to whom any of the subpoenas is addressed.

(5) The Registrar is not required to place a copy of the subpoena on the Tribunal's file.

(6) A subpoena for production may be made returnable on the day fixed for the hearing of the proceedings in which it is issued, or, with the leave of the Tribunal or the Registrar, on any other day.

(7) While a claim is subject to the claims resolution process under Part 4, a subpoena for production of any document or thing:

(a) is to be made returnable on a day that is no later than 5 business days before the start of mediation on the claim under that Part, and

(b) must permit the person named in the subpoena (whether or not the person is a party) to produce the document or thing to the Registrar, and

(c) does not require leave under subclause (6) if a copy of the subpoena is served at least 10 business days before the return date of the subpoena.