Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:4:p24
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 4 (pt 24/154)
Character Range: 273173–275805

document specified in the notice to admit.

22.03  Disputing party to pay costs if document is proved etc
  If a party serves a notice of dispute under rule 22.02 and the truth of any fact or the authenticity of any document disputed in the notice is proved, the party that served the notice of dispute must pay the costs of proving the truth of the fact or the authenticity of the document.

22.04  Facts or documents taken to be admitted if not disputed
  If the second party does not serve a notice of dispute in accordance with rule 22.02, the second party will be taken to have admitted the truth of each fact or the authenticity of each document specified in the notice to admit.
Note: The Court may dispense with compliance with this rule—see rule 1.34.

22.05  Deemed admission
  A party (the first party) will be taken to have admitted the authenticity of any document specified in another party's list of documents for which inspection has been permitted unless:
 (a) the authenticity has been denied in the first party's pleadings or affidavits; or
 (b) the first party has given the other party notice within 14 days after inspection was permitted that the authenticity of the document is denied.
Note: The Court may dispense with compliance with this rule—see rule 1.34.

22.06  Withdrawal of admissions
  A party may apply for the leave of the Court to withdraw an admission made under this Part.

22.07  Judgment on admissions
  If a party makes an admission, another party may apply to the Court for any judgment or order to which the party is entitled on the admission.

Part 23—Experts

Division 23.1—Court experts

23.01  Appointment of Court expert
 (1) A party may apply to the Court for an order:
 (a) that an expert be appointed (a Court expert) to inquire into and report on any question or on any facts relevant to any question arising in a proceeding; and
 (b) fixing the Court expert's remuneration, including the cost of preparing the expert's report; and
 (c) for the Court expert's attendance before the Court; and
 (d) terminating the liability to pay the Court expert's remuneration.
Note 1: Expert is defined in the Dictionary.
Note 2: The Court may give instructions relating to the inquiry and report including the carrying out of an experiment or test.
Note 3: The Court may make an order of its own motion—see rule 1.40.
 (2) If the Court makes an order under paragraph (1)(b), the expert's remuneration is payable jointly and severally by the parties.

23.02  Court expert's report
 (1) The Court expert must provide the report to the Court within the time fixed by the Court.
Note: A Registrar