Commonwealth Numbered Regulations

1994 No. 357 INDUSTRIAL RELATIONS COURT RULES - ORDER 33 RULE 12

12. (1) Where a party to any proceedings serves on another party notice, in
accordance with Form 45, requiring the party served to produce at any trial or
hearing in the proceedings, or before any Judge, Judicial Registrar, officer,
examiner or other person having authority to take evidence in the proceedings
any document or thing for the purpose of evidence and the document or thing is
in the possession, custody or power of the party served, the party served
shall, unless the Court otherwise orders, produce the document or thing in
accordance with the notice, without the need for any subpoena for production.

(2) Where the document or thing required to be produced in accordance with
subrule (1) is not produced, the party serving the notice may lead secondary
evidence of the contents or nature of the document or thing.