Document ID: chunk:federal_register_of_legislation:F2023C00085:front:0:p40
Version: federal_register_of_legislation:F2023C00085
Segment Type: other
Provision Reference: 
Character Range: 95312–97876

time within 7 days, and a place where, it may be inspected; or
 (b) claim that the document is privileged from production and state the grounds; or
 (c) state that the document is not in the possession, custody or control of the party to whom the request was made and state that party's knowledge, information or belief about its whereabouts.

14.11  Use of documents
 (1) An order or undertaking, whether express or implied, not to use a document for any purpose other than for the proceeding in which it is disclosed does not apply to the document after it has been read to or by the Court or referred to in open Court in such terms as to disclose its contents.
 (2) Subrule (1) is subject to any order of the Court on the application of a party or of a person to whom the document belongs.

Part 15—Evidence

Division 15.1—General

15.01  Court may give directions
  The Court may give directions:
 (a) as to the order of evidence and addresses; and
 (b) generally as to the conduct of a hearing.

15.02  Decisions without oral hearing
  The Court or a Judge may make a decision in a proceeding without an oral hearing if the parties to the proceeding consent to the making of the decision without an oral hearing.

15.03  Court may call evidence
 (1) The Court may on its own initiative call any person as a witness in proceedings and give directions as to examination and cross‑examination.
 (2) The Court may order a party to pay the expenses of the attendance of the witness.
Note: The Court may put a question to any witness to resolve or expedite proceedings (see section 198 of the Act).

15.04  Transcript receivable in evidence
  A transcript of proceedings prepared at the direction of the Court may be received in evidence as a true record of the proceedings except to the extent that it is shown not to be a true record.

Division 15.2—Expert evidence

15.05  Definitions for Division 15.2
  In this Division:
expert, in relation to a question, means a person who has specialised knowledge about matters relevant to the question based on that person's training, study or experience.

15.06  Duty to Court and form of expert evidence
  For an expert's duty to the Court and for the form of expert evidence, an expert witness should be guided by the Federal Court practice note for expert witnesses.
Note: While not intended to address all aspects of an expert's duties, the key points in the note are:
(a) an expert witness has a duty to assist the Court on matters relevant to the expert's area of expertise;
(b) an expert witness is not an advocate