Court Procedures Rules 2006

This rule applies if a referee’s report has been filed in the court in a proceeding.

On application by a party, the court may, on a matter of fact or law or both—

accept, amend or reject all or part of the report; or

require the referee to give an explanation by further report; or

on any ground, remit for further consideration and report by the referee all or part of the question or proceeding referred to the referee; or

make an order in the proceeding on the evidence taken before the referee, with or without additional evidence.

Order is defined in the dictionary to include judgment (see also def made).

Pt 6.2 (Applications in proceedings) applies to an application under this subrule or for leave under this rule.

A party applying for an order under subrule (2) (d) must give at least 7 days notice of the party’s intention to apply for the order to all other active parties.

Evidence additional to the evidence taken before the referee must not be given before the court on the question or proceeding referred to the referee unless the court gives leave.