Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:4:p55
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 4 (pt 55/154)
Character Range: 347160–349803

7(1)(a) or (b) of Foreign Evidence Act 1994
  If an order is made under section 7(1)(a) or (b) of the Foreign Evidence Act 1994, rules 29.14 to 29.22 apply, with any necessary changes, and subject to any directions given by the Court under section 8(1) of that Act.

29.14  Documents for examiner
  The party obtaining an order for examination before an examiner under section 7(1)(a) or (b) of the Foreign Evidence Act 1994 must give the examiner copies of the documents in the proceeding that are necessary for the examiner to know the questions to which the examination is to relate.

29.15  Appointment for examination
 (1) The examiner must:
 (a) appoint a place and time for the examination; and
 (b) give notice of the place and time appointed to the party obtaining the order.
 (2) The time appointed for the examination must be as soon as practicable after the order for examination is made.
 (3) The party must, not later than 3 days before the time appointed, give notice of the appointment to each other party.

29.16  Conduct of examination
 (1) The examiner must permit each party and any lawyer representing the party to attend the examination.
 (2) The examiner must proceed in accordance with the procedure of the Court.
 (3) A person examined may be cross‑examined and re‑examined.
 (4) The examination, cross‑examination and re‑examination of a person must be conducted in the same manner as a trial.
 (5) The examiner may put any question to a person examined before him or her about:
 (a) the meaning of any answer made by the person; or
 (b) any matter arising in the course of the examination.
 (6) The examiner may adjourn the examination from time to time or from place to place.

29.17  Examination of additional persons
 (1) The examiner may, with the consent in writing of each party to the proceeding, examine any person, in addition to the person named or provided for in the order for examination.
 (2) If the examiner examines a person under subrule (1), the examiner must attach to the person's deposition the consent of each of the parties.

29.18  Objection
  If, during an examination, a person being examined objects to answering a question or producing a document or thing:
 (a) the examiner must state to the parties the examiner's opinion on, but must not decide, the validity of the ground for the objection; and
 (b) the following information must be set out in the deposition of the person:
 (i) the question objected to;
 (ii) the ground for the objection;
 (iii) the opinion of the examiner;
 (iv) the answer that the person gave to the question (if any); and
 (c) the Court may decide the validity