District Court Amendment (Interstate Evidence on Commission) Rule 2002 (NSW)

2002 No 796

New South Wales

District Court Amendment (Interstate Evidence on Commission) Rule 2002

under the

District Court Act 1973

The District Court Rule Committee made the following rule of court under the

District Court Act 1973 on 5 September 2002.

J Riznyczok

Acting Secretary of the Rule Committee

Explanatory note

The object of this Rule is to amend Part 25 (Taking of evidence otherwise than at trial) of the District Court Rules 1973 to make provision in respect of examination orders made under the Evidence on Commission Act 1995 for the taking of evidence in Australia. Schedule 2.13 to the Statute Law (Miscellaneous Provisions) Act 2002 recently amended the Evidence on Commission Act 1995 to confirm that the District Court has power to make examination orders for the taking of evidence in Australia as well as for the taking of evidence overseas.

Published in Gazette No 201 of 1 November 2002, page 9321	Page 1
2002 No 796
Clause 1	District Court Amendment (Interstate Evidence on Commission) Rule 2002

District Court Amendment (Interstate Evidence on

Commission) Rule 2002

under the

District Court Act 1973

1      Name of Rule

This Rule is the District Court Amendment (Interstate Evidence on
Commission) Rule 2002.

2 Amendment of District Court Rules 1973

The District Court Rules 1973 are amended as set out in Schedule 1.

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2002 No 796

District Court Amendment (Interstate Evidence on Commission) Rule 2002

Amendments	Schedule 1
Schedule 1 Amendments

(Clause 2)

[1]      Part 25, rule 2

Insert “or 20 (1)” after “section 6 (1)” wherever occurring in rule 2.

[2]      Part 25, rule 3

Insert “or 20 (1) (a)” after “section 6 (1) (a)” wherever occurring in rule 3 (2).

[3]      Part 25, rule 3 (2)

Insert “or 23” after “section 9”.

[4]      Part 25, rule 4

Insert “or 20 (1) (a) or (c)” after “section 6 (1) (a) or (c)”.

[5]      Part 25, rule 5

Insert “or 20 (1) (c)” after “section 6 (1) (c)” wherever occurring in rule 5 (1).

[6]      Part 25, rule 5 (1)

Insert “or 23” after “section 9”.

[7]      Part 25, rule 6

Insert “or 20 (1) (a)” after “section 6 (1) (a)” wherever occurring.

[8]      Part 25, rule 6

Insert “or 23” after “section 9”.

[9]      Part 25, rule 6

Insert “or 21 (1)” after “section 7 (1)”.

[10]      Part 25, rule 7

Insert “or 20 (1) (c)” after “section 6 (1) (c)” in rule 7 (b).

[11]      Part 25, rule 8

Insert “or 20 (1) (a)” after “section 6 (1) (a)” wherever occurring in rule 8 (1).

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2002 No 796

District Court Amendment (Interstate Evidence on Commission) Rule 2002

Schedule 1 Amendments

[12]      Part 25, rule 8 (1)

Insert “or 23” after “section 9”.

[13]      Part 25, rule 18

Insert “or 23” after “section 9” in rule 18 (2).

[14]      Part 25, rule 18 (2)

Insert “or 20 (1) (c)” after “section 6 (1) (c)”.

BY AUTHORITY

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