Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:4:p51
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 4 (pt 51/154)
Character Range: 337827–340287

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 before a referee in an inquiry:
 (a) may be given orally or in writing; and
 (b) must, if the Court requires, be given:
 (i) on oath or by affirmation; or
 (ii) by affidavit.
 (6) A referee may administer an oath or affirmation to a witness giving evidence in an inquiry.
 (7) Each party to an inquiry must, before the time fixed by the referee conducting the inquiry, give a brief statement of the findings of fact and law contended by the party to:
 (a) the referee; and
 (b) any other party to the inquiry.
 (8) A party to an inquiry must:
 (a) do all things required of the party by the referee to enable the referee to form an opinion about the matter; and
 (b) not wilfully do, or cause to be done, any act to delay or prevent the referee forming an opinion.

28.66  Report
  A referee must give to the Court a written report about the matter referred to the referee that:
 (a) has attached to it the statements given by the parties under rule 28.65(7); and
 (b) sets out the referee's opinion on the matter; and
 (c) sets out the referee's reasons for the opinion.
Note: The Court will send the report to the parties on receipt of the report.

28.67  Proceeding on report
 (1) After a report has been given to the Court, a party may, on application, ask the Court to do any of the following:
 (a) adopt, vary or reject the report, in the whole or in part;
 (b) require an explanation by way of a further report by the referee;
 (c) remit on any ground, for further consideration by the referee, the whole or any part of the matter that was referred to the referee for inquiry and report;
 (d) decide any matter on the evidence taken before the referee, with or without additional evidence;
 (e) give judgment or make an order in relation to the proceeding or question.
 (2) A party must not adduce in the Court evidence given in an inquiry.

Part 29—Evidence

Division 29.1—Affidavits

29.01  When affidavit may be sworn or affirmed
  An affidavit may be sworn or affirmed before or after the proceeding starts.
Note 1: Sections 21 and 23 of the Evidence Act 1995 allow a witness in a proceeding to choose whether to take an oath or affirmation.
Note 2: Section 45 of the Act provides the persons before whom an affidavit may be sworn. See also