Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:4:p50
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 4 (pt 50/154)
Character Range: 335466–338035

English language must provide a certified English translation of the document to the Court and to any other party to the proceeding.
Note: Section 9 of the International Arbitration Act also deals with the translation of awards and arbitration agreements in proceedings to which Part II of the International Arbitration Act applies.
Rules 28.51–28.60 left blank

Division 28.6—Referral by Court to referee

28.61  Order of referral
 (1) A party may apply to the Court for an order under section 54A of the Act referring any of the following matters to one or more referees for inquiry and report:
 (a) a proceeding in the Court;
 (b) one or more questions or issues arising in a proceeding, whether of fact or law or both, and whether raised by pleadings, agreement of parties or otherwise.
 (2) A referee to whom a matter has been referred under section 54A of the Act must give, in a report, the referee's opinion on the matter.
 (3) If the Court sets a time for a referee to give an opinion, the referee must provide the opinion within the set time.
Note: The Court may make directions about the remuneration of the referee.

28.62  Appointment of referees
  The Court may appoint a person the Court considers appropriate as:
 (a) a referee; or
 (b) a senior referee.

28.63  Two or more referees
 (1) The decision of the senior referee is to prevail if:
 (a) the Court appoints 2 referees; and
 (b) the 2 referees cannot agree on a decision to be made during an inquiry.
 (2) If the Court appoints 3 or more referees:
 (a) the decision of the majority prevails in relation to a decision to be made during the inquiry; or
 (b) if there is no majority—the decision of the senior referee prevails.

28.64  Security for remuneration
  A party may apply to the Court for an order that another party give security for a referee's remuneration.

28.65  Conduct of inquiry
 (1) A party may apply to the Court, before or after an inquiry has started:
 (a) for directions about:
 (i) how the inquiry should be conducted; or
 (ii) any matter arising in the inquiry; or
 (b) to authorise the referee to take evidence for the purpose of a subpoena issued under Division 24.2.
 (2) A referee must conduct an inquiry in accordance with any directions made by the Court.
 (3) However, if the Court has not made any directions about how the inquiry should be conducted, the referee may conduct the inquiry in any way the referee thinks fit.
 (4) A referee is not bound in the inquiry by the rules of evidence but may be informed in any way that the referee thinks fit.
 (5) Evidence