Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:4:p95
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 4 (pt 95/154)
Character Range: 443336–446027

A party is not entitled to tender any evidence in or make any submissions in support of a ground for revocation or rectification not stated in the application.

34.50  Experimental proof as evidence
 (1) If a party (the proponent) proposes to tender, as evidence in a proceeding, experimental proof of a fact, the proponent must apply for orders in relation to the experimental proof, including orders about any of the following:
 (a) the service on other parties of particulars of the experiment and of each fact that the proponent asserts is, will or may be proved by the experiment;
 (b) any persons who must be permitted to attend the conduct of the experiment;
 (c) the time when, and the place where, the experiment must be conducted;
 (d) the means by which the conduct and results of the experiment must be recorded;
 (e) the time by which any other party (the opponent) must notify the proponent of any grounds on which the opponent will contend that the experiment does not prove a fact that the proponent asserts is, will or may be proved by the experiment.
 (2) Evidence of the conduct and results of the experiment is admissible in the proceeding, only:
 (a) if the proponent has complied with subrule (1) and any orders given under that subrule; or
 (b) with the leave of the Court.
 (3) If an order mentioned in paragraph (1)(e) has been made, and the opponent has not complied with the order in relation to a ground, the opponent may rely on the ground only with the leave of the Court.
Rules 34.51–34.60 left blank

Division 34.4—Trans‑Tasman proceedings—general

34.61  Definitions for Division 34.4
  An expression used in this Division and in the Trans‑Tasman Proceedings Act has the same meaning in this Division as in that Act.
Note: The following expressions are defined in section 4 of the Trans‑Tasman Proceedings Act:
 audio link
 audiovisual link
 Australian court
 document
 enforcement
 entitled person
 given
 inferior Australian court
 liable person
 party
 person named
 procedural rules
 proceeding.

34.62  Proceedings under the Trans‑Tasman Proceedings Act
  Each party to a proceeding to which this Division applies must comply with:
 (a) this Division; and
 (b) any other of these Rules that are relevant to, and consistent with, this Division.

34.63  Originating application under Trans‑Tasman Proceedings Act
 (1) A person who wants to start a proceeding for an order under the Trans‑Tasman Proceedings Act (other than under section 67 of that Act) must file an originating application, in accordance with:
 (a) Form 15; and
 (b) rules 8.01 and 8.03.
 (2) The application must be accompanied by an affidavit that states the material facts