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s 34.128

Taking evidence

In force
Chapter 3Original jurisdiction—special classes of proceedings
Part 34Other proceedings
Division 34.7Native title proceedings

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.

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