Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:4:p110
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 4 (pt 110/154)
Character Range: 479652–482218

persons, the identity of the persons may, at the order of the Court, be recorded in the transcript.

34.126  Evidence given not in normal course
  A party may apply to the Court for an order that a person's evidence be given at a time other than when the evidence would usually be given.

34.127  Inspection
  A party may apply to the Court for an order for the inspection of a place, and for consequential orders for the following:
 (a) the provision of maps;
 (b) the obtaining of permission of owners and occupiers of land;
 (c) the giving of notice;
 (d) particulars of travel and accommodation details;
 (e) particulars of arrival and departure times;
 (f) the type, number and description of motor vehicles;
 (g) route description (for example the physical features of the route, including condition of road surfaces);
 (h) particulars of distances to be travelled and estimated times of travel and inspection;
 (i) details of any third party controlling the inspection and any related costs.

34.128  Taking evidence
  A party may apply to the Court for an order:
 (a) that an assessor be appointed to:
 (i) take evidence from a party to a proceeding at a time, date and place arranged with the party; and
 (ii) decide how the evidence is to be recorded; and
 (iii) to prepare a report of the evidence and give it to the Court by a specified time; and
 (b) that a person be summoned to appear before the assessor to give evidence or produce documents or other things.
Note: Section 83 of the Native Title Act allows the Chief Justice to direct an assessor to assist the Court in relation to a proceeding, subject to the control and direction of the Court.

34.129  Conflict of interest
  If, at any stage of a proceeding, an assessor becomes aware that the assessor has, or may have, a conflict of interest (within the meaning of section 37L(3) of the Act) in relation to the proceeding, the assessor must, as soon as practicable, notify:
 (a) the Chief Justice of the Court; and
 (b) the Judge listed to hear the matter; and
 (c) if the proceeding is being heard by a Full Court—the presiding Judge; and
 (d) each party to the proceeding.

34.130  Short title of proceeding
 (1) Documents in a proceeding under the Native Title Act may be headed, in accordance with Form 112, using a short title of the proceeding specified by a Registrar if the document is not:
 (a) an originating application; or
 (b) a document to be served on a person who is not a party to the proceeding; or
 (c) a final order.
 (2) Despite rule 2.13, the short title need not refer to