{"id":"nsw:sl-2019-0379","name":"Dust Diseases Tribunal Rules 2019","slug":"dust-diseases-tribunal-rules-2019","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"379 of 2019","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176576,"registerId":"nsw-nsw:sl-2019-0379-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Rules","content":"#### 1 Name of Rules\n\n1 Name of Rules\n\n> These Rules may be cited as the [Dust Diseases Tribunal Rules 2019](/view/html/inforce/current/sl-2019-0379).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Interrogatories","content":"#### 2 Interrogatories\n\n2 Interrogatories\n\n> > (1) Part 22 of the [Uniform Civil Procedure Rules 2005](/view/html/inforce/current/sl-2005-0418) applies, subject to the adaptation specified in subrule (2), to proceedings before the Tribunal and to matters in respect of which the Tribunal has jurisdiction.\n> \n> > (2) The adaptation referred to in subrule (1) is—\n> > \n> > > (a) in Rule 22.1(3) omit “special reasons exist that justify the making of the order” and insert “the order is necessary to ensure that the outstanding issues in dispute are properly tried”.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Provisional damages","content":"#### 3 Provisional damages\n\n3 Provisional damages\n\n> > (1) This rule applies to proceedings which the Tribunal is satisfied are proceedings to which section 11A of the Act applies.\n> \n> > (2) In this rule—\n> > \n> > further damages means damages as referred to in section 11A (2)(b) of the Act;\n> > \n> > provisional damages means damages as referred to in section 11A (2)(a) of the Act.\n> \n> > (3) The Tribunal may, subject to this rule, award provisional damages in proceedings, on such terms as the Tribunal thinks just, and give judgment accordingly, if the plaintiff has pleaded a claim for provisional damages in the proceedings.\n> \n> > (4) An order for an award of provisional damages must specify the dust-related condition in respect of which an award of further damages may be made.\n> \n> > (5) An order for an award of provisional damages may be made in respect of more than one dust-related condition.\n> \n> > (6) For the purposes of subrule (3), a plaintiff has not pleaded a claim for provisional damages unless the statement of claim in the proceedings specifies the dust-related condition in respect of which the plaintiff claims provisional damages and the other dust-related condition in respect of which the plaintiff seeks an order that further damages may be claimed.\n> \n> > (7) Where in proceedings the plaintiff has pleaded a claim for provisional damages and a defendant makes an offer of compromise, the offer may be expressed to be an offer to agree to the making of an award of provisional damages and an offer as to the amount of those damages, and where the plaintiff accepts an offer so expressed the plaintiff must as soon as practicable apply to the Tribunal for an order in accordance with subrule (4).\n> \n> > (8) Where the Tribunal has made an award of provisional damages in proceedings and the plaintiff seeks to claim further damages, the following provisions apply—\n> > \n> > > (a) the application must be made by notice of motion served, at least 7 days before the day on which it is returnable, on each defendant in respect of the claim, and if that defendant is to the plaintiff’s knowledge insured in respect of the claim, on the insurer,\n> > \n> > > (b) on the hearing of the application the Tribunal must give such directions as may be appropriate for the future conduct of the proceedings, including, but not limited to, the joinder of parties, the disclosure of medical and other expert reports, and the place and date of the hearing of the application for further damages,\n> > \n> > > (c) only one application for further damages may be made in respect of each dust-related condition specified in the order for the award of provisional damages, and\n> > \n> > > (d) where the Tribunal awards further damages and awards interest in respect of those damages or any part of them, that interest shall, unless the Tribunal otherwise orders, relate only to the period, or part of the period, between the date of the plaintiff’s notice given under paragraph (a) and the date of the award.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Discovery and inspection of documents","content":"#### 4 Discovery and inspection of documents\n\n4 Discovery and inspection of documents\n\n> > (1) Part 21 of the [Uniform Civil Procedure Rules 2005](/view/html/inforce/current/sl-2005-0418) applies, subject to the adaptations specified in subrules (2), (3) and (4) and Rules 5 and 6, to proceedings before the Tribunal.\n> \n> > (2) In Rule 21.3(2)(a)(ii) omit “within the last 6 months prior to the commencement of the proceedings” and insert “at any time”.\n> \n> > (3) In Rule 21.4(2)(b) and Rule 21.4(3)(b) omit “within the last 6 months prior to the commencement of the proceedings” and insert “at any time”.\n> \n> > (4) in Rule 21.8 omit “the court, for special reasons, orders otherwise” and insert “the order is necessary to ensure that the outstanding issues in dispute are properly tried”.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Discovery in other proceedings","content":"#### 5 Discovery in other proceedings\n\n5 Discovery in other proceedings\n\n> > (1) The Tribunal may, on the application of a party or of its own motion, direct that party B may give discovery in compliance with an order made under Rule 4, by serving on party A any list, affidavit, certificate and notice served by party B in compliance with an order for discovery made in other proceedings.\n> \n> > (2) A direction under subrule (1) may be given in addition to any other order made under Rule 4.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Standard list of documents","content":"#### 6 Standard list of documents\n\n6 Standard list of documents\n\n> > (1) If party B—\n> > \n> > > (a) has filed with the Tribunal a standard list of documents, affidavit, certificate and undertaking, and\n> > \n> > > (b) in its appearance or, if no appearance is filed, in its defence elects to rely on the standard list of documents as compliance with any order for discovery made under Rule 4 against it in the proceedings,\n> > \n> > then, if such an order for discovery is made and the Tribunal does not otherwise direct, the standard list of documents, affidavit and certificate shall be party B’s list of documents, affidavit and certificate in the proceedings for the purposes of Rule 4.\n> \n> > (2) Where subrule (1) takes effect in respect of an order for discovery, the Tribunal may order that it cease to have effect and that party B comply with the order for discovery as though no standard list of documents had been filed.\n> \n> > (3) A standard list of documents filed under subrule (1) must be a list, complying with Rule 4, of all the documents (other than excluded documents) which might reasonably be specified in an order for discovery made against party B in proceedings in the Tribunal and which—\n> > \n> > > (a) are in the possession, custody or power of party B, or\n> > \n> > > (b) are not, but have been, in the possession, custody or power of party B.\n> \n> > (4) An affidavit filed under subrule (1) must be an affidavit as referred to in Rule 4.\n> \n> > (5) A certificate filed under subrule (1) must be a certificate as referred to in Rule 4.\n> \n> > (6) An undertaking filed under subrule (1) must be party B’s undertaking that—\n> > \n> > > (a) party B waives any objection to the use of the standard list and of copies of any of the documents in the standard list, in proceedings in the Tribunal against party B, on the ground that the standard list or any of the documents has been the subject of an order for discovery in other proceedings, and\n> > \n> > > (b) if party B becomes aware—\n> > > \n> > > > (i) that any document which should, under subrule (3), be included in part 1 of the standard list, but which is not so included, is within, or has come into, party B’s possession, custody or power, or\n> > > \n> > > > (ii) that any document included in part 1 of the standard list which was claimed to be a privileged document was not, or has ceased to be, a privileged document,\n> > > \n> > > party B will as soon as practicable accordingly amend the standard list under subrule (7).\n> \n> > (7) Party B may at any time amend a standard list of documents filed by it, but must as soon as practicable give notice of the amendment to party A in any proceedings current before the Tribunal in which the standard list is party B’s list of documents.\n> \n> > (8) Party B may at any time withdraw a standard list of documents filed by it, but where the standard list has become party B’s list of documents in any proceedings it shall remain that list of documents despite the withdrawal.\n> \n> > (9) Party B must not, by filing a standard list of documents or by relying on the standard list in any proceedings, be taken to admit that any document listed is relevant to the proceedings.\n> \n> > (10) The Tribunal will keep possession of, and maintain a register of, all standard lists of documents filed with it, but shall not make any such list available for search by any person other than the party who filed it and any party to proceedings in which a standard list is relied upon.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Limitation of section 25A (Material already obtained)","content":"#### 7 Limitation of section 25A (Material already obtained)\n\n7 Limitation of section 25A (Material already obtained)\n\n> Section 25A (1) of the Act does not apply to a standard list of documents as referred to in rule 6 so as to require the leave of the Tribunal or the consent of any person for the operation of any provision of that rule in respect of the standard list.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"General issues already determined","content":"#### 8 General issues already determined\n\n8 General issues already determined\n\n> > (1) A party who intends to rely in any proceedings on the determination in other proceedings of an issue of a general nature, as referred to in section 25B (1) of the Act, must within a reasonable time file and serve on all other parties notice of that intention, including full particulars of the precise issue alleged to have been determined and as to when, where and by whom the issue is alleged to have been determined.\n> \n> > (2) Subrule (1) does not prevent the Tribunal from determining on its own motion that an issue is an issue to which section 25B (1) of the Act applies.","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Particulars where expedited hearing sought","content":"#### 9 Particulars where expedited hearing sought\n\n9 Particulars where expedited hearing sought\n\n> Unless the Tribunal otherwise orders, a party applying for an expedited hearing must, at the time the application is made or at such other time as the Tribunal may order, file and serve on all other parties a notice specifying the grounds on which the application is made and, where the application is made on medical grounds, medical evidence or reports substantiating those grounds.","sortOrder":8},{"sectionNumber":"10","sectionType":"section","heading":"Proceedings against more than one alleged tortfeasor","content":"#### 10 Proceedings against more than one alleged tortfeasor\n\n10 Proceedings against more than one alleged tortfeasor\n\n> > (1) Unless the Tribunal otherwise orders, a plaintiff who settles a claim with one or more but not all the alleged tortfeasors must file the terms of settlement and particulars of amounts paid under the settlement—\n> > \n> > > (a) where proceedings on the claim against another or others of the alleged tortfeasors are pending, as soon as practicable, or\n> > \n> > > (b) otherwise, on commencement of any proceedings on the claim against another or others of the alleged tortfeasors.\n> \n> > (2) Unless the Tribunal otherwise orders, the Tribunal or a member, registrar or other officer of the Tribunal may disclose any terms and particulars filed under subrule (1) to another party to the proceedings, whether or not the terms contain non-disclosure requirements.","sortOrder":9},{"sectionNumber":"11","sectionType":"section","heading":"Application of section 151AC of the Workers Compensation Act 1987","content":"#### 11 Application of section 151AC of the Workers Compensation Act 1987\n\n11 Application of section 151AC of the [Workers Compensation Act 1987](/view/html/inforce/current/act-1987-070)\n\n> The Tribunal may if it thinks fit order that all or any of the provisions of section 151AC of the [Workers Compensation Act 1987](/view/html/inforce/current/act-1987-070) do not apply in or in relation to a particular case or in relation to a particular insurer—\n> \n> > (a) on its own motion, or\n> \n> > (b) on application by a party or by an insurer who is not a party.","sortOrder":10},{"sectionNumber":"12","sectionType":"section","heading":"Arbitration for insurance purposes","content":"#### 12 Arbitration for insurance purposes\n\n12 Arbitration for insurance purposes\n\n> > (1) In this rule—\n> > \n> > arbitrator means arbitrator of disputes appointed under this rule.\n> > \n> > dispute means dispute as to the liability of insurers as referred to in section 151AC of the [Workers Compensation Act 1987](/view/html/inforce/current/act-1987-070).\n> \n> > (2) The registrar is appointed as an arbitrator.\n> \n> > (3) The President may appoint as an arbitrator any person approved by the President.\n> \n> > (4) The Tribunal or the registrar may, if the Tribunal or registrar thinks fit, and whether or not any application is made for the order, by order refer a dispute to an arbitrator named in the order, and may, but need not, in the order specify a place where and a day on which the arbitration of the dispute is to take place.\n> \n> > (5) If no place or day is specified in an order made under subrule (4), the registrar may by direction specify such a place or day.\n> \n> > (6) For the purposes of section 20 (1) of the Act, an arbitration under section 38 of the Act is a proceeding before the Tribunal, and a subpoena to give evidence issued in respect of an arbitration must be made returnable before the arbitrator.\n> \n> > (7) In an order made under subrule (4) or a subsequent order—\n> > \n> > > (a) the Tribunal or registrar may specify the insurers or other persons who are or were parties to the original proceedings before the Tribunal and who are to be parties to the arbitration, and\n> > \n> > > (b) the Tribunal may join as parties to the arbitration insurers or other persons who were not parties to the original proceedings before the Tribunal.\n> \n> > (8) An arbitrator must, if not prepared to hear and determine a dispute referred to the arbitrator, so inform the Tribunal or registrar as soon as practicable, specifying the arbitrator’s reasons.\n> \n> > (9) If an arbitrator declines or fails to hear and determine a dispute, the Tribunal or registrar must revoke the order referring the dispute to the arbitrator, and may make another order referring the dispute to an arbitrator.\n> \n> > (10) An arbitrator may from time to time adjourn the arbitration of a dispute which the arbitrator has commenced to hear.\n> \n> > (11) Subject to subrule (10), an arbitrator must, on the day (if any) specified under subrule (4) or (5), or to which the arbitration has been adjourned under subrule (10), and in any case within a reasonable time, hear, or continue to hear, and determine the dispute, whether or not in the absence of any party to the dispute.\n> \n> > (12) An arbitrator must within a reasonable time after hearing and determining a dispute reduce the arbitrator’s determination to writing, including the reasons for the determination, and, if the arbitrator is not the registrar, forward the determination to the registrar.\n> \n> > (13) The reasons for a determination must be specified to the extent that, in the opinion of the arbitrator, they make the parties to the dispute aware of the arbitrator’s view of the case made by each of them.\n> \n> > (14) The registrar must, forthwith after completing or receiving a determination in writing, send a copy of the determination, endorsed with the date of sending, to each party to the dispute.\n> \n> > (15) If the arbitrator is not the registrar, the arbitrator’s fees may be assessed by consent of the parties to the dispute, and failing any such consent—\n> > \n> > > (a) the arbitrator’s fees may be determined by the arbitrator in accordance with any applicable scale of fees to arbitrators, and\n> > \n> > > (b) if there is no applicable scale of fees to arbitrators, the Tribunal or registrar may determine the arbitrator’s fees at an amount not exceeding the amount that would be payable if the work done by the arbitrator had been work done by a legal practitioner.\n> \n> > (16) Unless the Tribunal or registrar otherwise orders, the fees payable to an arbitrator and any other fees or other expenses incurred in respect of an arbitration are—\n> > \n> > > (a) payable equally between the parties to the dispute, and\n> > \n> > > (b) payable in the first instance by the party (if any) who requested the referral to arbitration, and\n> > \n> > > (c) recoverable by any party who has paid them against the other parties to the dispute proportionately.\n> \n> > (17) Costs in respect of an arbitration are within the discretion of the arbitrator, and assessable, as though the arbitration were proceedings before the Tribunal and the arbitrator were the Tribunal.\n> \n> > (18) The determination of an arbitrator may be called in question on a matter of fact or law, but only on application made under section 38 (4) of the Act.\n> \n> > (19) An application under section 38 (4) of the Act must be made within 28 days of the date of sending endorsed under subrule (14) on the determination the subject of the application.","sortOrder":11},{"sectionNumber":"13","sectionType":"section","heading":"Provision of information as to amount recoverable by Dust Diseases Authority","content":"#### 13 Provision of information as to amount recoverable by Dust Diseases Authority\n\n13 Provision of information as to amount recoverable by Dust Diseases Authority\n\n> > (1) The defendant in proceedings referred to in section 8E (3) of the [Workers’ Compensation (Dust Diseases) Act 1942](/view/html/inforce/current/act-1942-014) (whether the proceedings were commenced before or after the commencement of this rule) must notify the Authority under that Act in writing of an award, judgment, settlement or agreement resulting in the final determination of the proceedings.\n> \n> > (2) The notification must be given within 28 days after that final determination.\n> \n> > (3) The notification must be accompanied by the documents that are required to accompany a notification under Schedule 1A of the Workers Compensation (Dust Diseases) Act 1942.\n> \n> > (4) In this rule—\n> > \n> > final determination, in relation to proceedings, includes a final determination by judgment, verdict, award, settlement, agreement, dismissal, discontinuance or otherwise.","sortOrder":12},{"sectionNumber":"14","sectionType":"section","heading":"Interpretation and application","content":"#### 14 Interpretation and application\n\n14 Interpretation and application\n\n> > (1) In these Rules—\n> > \n> > access order, in relation to a subpoena requiring production, means an order of the Tribunal granting access to specified documents or things produced pursuant to the subpoena (whether with or without conditions).\n> > \n> > person named means, in relation to a subpoena, the person to whom the subpoena is addressed.\n> > \n> > privileged document or thing, in relation to a subpoena, means—\n> > \n> > > (a) a document or thing of which evidence could not be adduced in an action over the objection of any person, by virtue of the operation of Part 3.10 (other than sections 128 and 130) of the [Evidence Act 1995](/view/html/inforce/current/act-1995-025), or\n> > \n> > > (b) if the party on whom the subpoena is served is a natural person—a document or thing the contents or production of which may tend to prove that the party—\n> > > \n> > > > (i) has committed an offence against or arising under an Australian law or a law of a foreign country, or\n> > > \n> > > > (ii) is liable to a civil penalty, within the meaning of the [Evidence Act 1995](/view/html/inforce/current/act-1995-025), or\n> > \n> > > (c) a document that relates to matters of state within the meaning of section 130 of the [Evidence Act 1995](/view/html/inforce/current/act-1995-025), unless and until the Tribunal directs that it cease to be a privileged document.\n> > \n> > requesting party for a subpoena means a person who is requesting, or who has requested, the issue of the subpoena.\n> > \n> > return date for a subpoena means the date on which the subpoena is returnable.\n> \n> > (2) These Rules apply to subpoenas issued on or after the commencement of these Rules.\n> \n> > (3) The provisions of these Rules apply to the exclusion of the equivalent provisions of the [Uniform Civil Procedure Rules 2005](/view/html/inforce/current/sl-2005-0418) .","sortOrder":13},{"sectionNumber":"15","sectionType":"section","heading":"Conduct money","content":"#### 15 Conduct money\n\n15 Conduct money\n\n> > (1) A subpoena must not require the person named to attend or produce any document or thing on any day on which the person’s attendance is required unless an amount sufficient to meet the reasonable expenses of the person named of complying with the subpoena in relation to that day is paid or tendered to the person at the time of service of the subpoena or not later than a reasonable time before that day.\n> \n> > (2) The amount mentioned in section 20 (6) of the Act is to be, in respect of a person duly served with a subpoena in any proceedings, the amount which would be payable in respect of that person if the party issuing the subpoena were entitled to claim witness’ expenses in respect of that person as costs in the proceedings.","sortOrder":14},{"sectionNumber":"16","sectionType":"section","heading":"Medical expert not called","content":"#### 16 Medical expert not called\n\n16 Medical expert not called\n\n> > (1) Where a subpoena is served on a medical expert who is to give evidence of medical matters and the medical expert is not called as a witness, he or she is, unless he or she was given notice, 14 days or more before the date of his or her attendance, that his or her attendance would not be required on that date or unless the Tribunal otherwise orders, be entitled to be paid $167.00 in addition to any amount paid under Rule 15 (Conduct money).\n> \n> > (2) The amount payable under subrule (1) is to be paid by the party who requested the issue of the subpoena to the expert within 30 days after the date for his or her attendance.\n> \n> > (3) Unless the Tribunal otherwise orders the amount paid under subrule (2) is not recoverable from any other party.","sortOrder":15},{"sectionNumber":"17","sectionType":"section","heading":"Production by non-party","content":"#### 17 Production by non-party\n\n17 Production by non-party\n\n> > (1) Where the person named in a subpoena for production of any document or thing is not a party to the proceedings, the subpoena must, unless the Tribunal otherwise orders, permit the person to produce the document or thing to the Registrar not later than the day before the first date on which the persons’ attendance is required, instead of attending and producing the document or thing as required by the subpoena.\n> \n> > (2) Where a document or thing is produced to the Registrar pursuant to subrule (1), the Registrar must—\n> > \n> > > (a) give a receipt to the person producing the document or thing, and\n> > \n> > > (b) produce the document or thing as the nature of the case requires or as the Tribunal may direct.\n> \n> > (3) Where a document or thing is produced to the Registrar pursuant to subrule (1) and before the document or thing is tendered to the Tribunal the hearing of the proceedings is adjourned, other than to a date then fixed, the subpoena is no longer of any force or effect, and the Registrar is at liberty to return the document or thing to the person who produced it unless the claim is subject to the claims resolution process under the Dust Diseases Tribunal Regulations.\n> \n> > (4) Subrule (3) does not operate to prevent the issue of a further subpoena requiring the production of a document or thing returned by the Registrar under that subrule.\n> \n> > (5) This rule does not apply to so much of a subpoena as requires the person named to attend to testify in any proceedings.","sortOrder":16},{"sectionNumber":"18","sectionType":"section","heading":"Retention and return of exhibits","content":"#### 18 Retention and return of exhibits\n\n18 Retention and return of exhibits\n\n> > (1) The Tribunal may—\n> > \n> > > (a) order that exhibits in any proceedings be retained by the Tribunal until the expiry of any period, or the occurrence of any event, specified in the order for the return of the exhibits, or\n> > \n> > > (b) order that exhibits in any proceedings that have been returned to the person who originally produced them to the Tribunal or Registrar be returned to the Tribunal for the purposes of the determination of a cross-claim arising out of the proceedings.\n> \n> > (2) Exhibits in any proceedings in which judgment is given or a final order is made are to be returned to the persons who produced them to the Tribunal or Registrar—\n> > \n> > > (a) if the Tribunal makes no order that the exhibits be retained and no appeal to the Supreme Court is brought in respect of the proceedings within the period provided for an appeal by or under the [Supreme Court Act 1970](/view/html/inforce/current/act-1970-052)—immediately after the expiry of that period, or\n> > \n> > > (b) if the Tribunal makes no order that the exhibits be retained and leave to appeal to the Supreme Court is refused in respect of the judgment or final order in the proceedings—immediately after the Tribunal or Registrar is notified of the refusal to grant leave, or\n> > \n> > > (c) if the Tribunal makes an order that the exhibits be retained—at the expiry of the period, or on the occurrence of the event, specified in the order for the return of the exhibits.\n> \n> > (3) A person to whom exhibits are to be returned under subrule (2) is to obtain the return of, and give the Registrar a receipt for, the exhibits as soon as is practicable after the first day on which exhibits are to be returned.\n> \n> > (4) The Registrar is responsible for the safe custody of any exhibits only for a period of 14 days after the first day on which exhibits are to be returned.\n> \n> > (5) This rule applies to any exhibits produced in proceedings, whether on subpoena or otherwise.","sortOrder":17},{"sectionNumber":"19","sectionType":"section","heading":"Issue","content":"#### 19 Issue\n\n19 Issue\n\n> > (1) On request by a party, the Registrar must issue a subpoena to give evidence or a subpoena for production or a subpoena both to give evidence and for production.\n> \n> > (2) Subrule (1) does not prevent the issue of a subpoena to give evidence and a subpoena for production to the same person in the same proceedings.\n> \n> > (3) Subject to subrule (4) a party requesting the issue of a subpoena must produce the subpoena to the Registrar in duplicate.\n> \n> > (4) Where a party requests in any proceedings the issue of several subpoenas to give evidence in similar terms but addressed to different persons, the party need produce only one original, but that original must contain the name of each person to whom any of the subpoenas is addressed.\n> \n> > (5) The Registrar is not required to place a copy of the subpoena on the Tribunal’s file.\n> \n> > (6) A subpoena for production may be made returnable on the day fixed for the hearing of the proceedings in which it is issued, or, with the leave of the Tribunal or the Registrar, on any other day.\n> \n> > (7) While a claim is subject to the claims resolution process under the Dust Diseases Tribunal Regulations, a subpoena for production of any document or thing—\n> > \n> > > (a) is to be made returnable on a day that is no later than 5 business days before the commencement of mediation on the claim under that Regulation, and\n> > \n> > > (b) must permit the person named in the subpoena (whether or not the person is a party) to produce the document or thing to the Registrar.","sortOrder":18},{"sectionNumber":"20","sectionType":"section","heading":"Notice to be given to other parties concerning subpoenas requiring production","content":"#### 20 Notice to be given to other parties concerning subpoenas requiring production\n\n20 Notice to be given to other parties concerning subpoenas requiring production\n\n> > (1) The requesting party for any subpoena requiring production must serve each other party who has an address for service in the proceedings with a copy of the subpoena—\n> > \n> > > (a) if the return date of the subpoena is on a day that is 14 days or more after the subpoena is issued—within the period of 7 days after the subpoena is issued, or\n> > \n> > > (b) if the return date of the subpoena is on a day that is less than 14 days after the subpoena is issued—within 24 hours after the subpoena is issued.\n> \n> > (2) The requesting party for a subpoena requiring production who fails to comply with subrule (1) must notify the Tribunal of that failure at the next date on which the subpoena is returnable.\n> \n> > (3) The requesting party for a subpoena requiring production must notify each other party to the proceedings who has an address for service in the proceedings of any new return date for the subpoena fixed after the subpoena is first issued—\n> > \n> > > (a) if the return date of the subpoena is on a day that is 14 days or more after the new date is fixed—within the period of 7 days after the new date is fixed, or\n> > \n> > > (b) if the return date of the subpoena is on a day that is less than 14 days after the new date is fixed—within 24 hours after the new date is fixed.\n> \n> > (4) The Tribunal or the Registrar may make an order for costs against a requesting party for a subpoena requiring production if that party fails to comply with subrule (2) or (3), but only in respect of costs incurred by reason of that failure.\n> \n> > (5) A requesting party for a subpoena requiring production need not comply with a requirement under subrule (1), (2) or (3) if the person named is excused from compliance with the subpoena by the requesting party under Rule 28 (2) (Alteration to obligations) before the time when the requesting party had to comply with that requirement.\n> \n> > (6) Nothing in this rule affects the operation of Rule 25 (Subpoena to medical expert).","sortOrder":19},{"sectionNumber":"21","sectionType":"section","heading":"Access to subpoenaed material","content":"#### 21 Access to subpoenaed material\n\n21 Access to subpoenaed material\n\n> > (1) The Tribunal may make an access order in relation to a subpoena requiring production at the time the subpoena is issued or at any time after it is issued.\n> \n> > (2) If an access order has effect in relation to a subpoena for production, a party or the party’s barrister or solicitor may (subject to the terms of the order)—\n> > \n> > > (a) inspect documents or things produced in compliance with the subpoena, and\n> > \n> > > (b) take copies of any documents so inspected.","sortOrder":20},{"sectionNumber":"22","sectionType":"section","heading":"Proposed access orders","content":"#### 22 Proposed access orders\n\n22 Proposed access orders\n\n> > (1) Unless the Tribunal orders otherwise, the requesting party for a subpoena requiring production must endorse a proposed access order on the subpoena.\n> \n> > (2) Without limiting Rule 21 (Access to subpoenaed material), the Tribunal may—\n> > \n> > > (a) endorse a proposed access order on a subpoena requiring production if the requesting party has not endorsed such a proposed order, or\n> > \n> > > (b) endorse a proposed access order on a subpoena requiring production in different terms to a proposed order endorsed by the requesting party.\n> \n> > (3) Unless the Tribunal orders otherwise, any such proposed access order has effect as an access order immediately after the next return date for the subpoena if—\n> > \n> > > (a) documents or things are produced in compliance with the subpoena on or before that date, and\n> > \n> > > (b) no person appears before the Registrar or Tribunal on the return date in opposition to the proposed order.\n> \n> > (4) Without limiting subrule (3), the Tribunal may take into account a failure to comply with subrule (5) or (6) or subrules 20(1), (2) or (3) in determining whether a proposed access order should have effect according to its tenor or whether an order is to be made to modify or revoke the proposed access order.\n> \n> > (5) A party or a person named in a subpoena requiring production who proposes to object to the proposed access order on the return date for the subpoena must notify the requesting party of the objection—\n> > \n> > > (a) if the party or person is served with a copy of the subpoena on a day that is 14 days or more before the return date—within the period of 3 days after the party or person is served, or\n> > \n> > > (b) if the party or person is served with a copy of the subpoena on a day that is less than 14 days before the return date—within the period of 24 hours after the party or person is served.\n> \n> > (6) A requesting party who has received notice of an objection to a proposed access order must notify all of the other parties who have an address for service in the proceedings of the objection within 24 hours after receiving that notice.","sortOrder":21},{"sectionNumber":"23","sectionType":"section","heading":"Exercise of functions by Registrar","content":"#### 23 Exercise of functions by Registrar\n\n23 Exercise of functions by Registrar\n\n> > (1) The functions of the Tribunal under Rules 21 and 22 may, unless the Tribunal otherwise orders, be exercised by the Registrar.","sortOrder":22},{"sectionNumber":"24","sectionType":"section","heading":"Time for service","content":"#### 24 Time for service\n\n24 Time for service\n\n> > (1) A subpoena must be served on the person named within a reasonable time.\n> \n> > (2) Without affecting the generality of subrule (1), where a subpoena requires attendance or production or both on a specified date, the subpoena may not be served on the person named later than 5 days before the date so specified unless the Tribunal or Registrar otherwise orders.\n> \n> > (3) Subject to subrule (4), service of a subpoena for production which requires production on a specified date, being a date not later than 21 days before the hearing of the proceedings in which the subpoena is issued, may be effected by sending a copy of the subpoena by pre-paid post addressed to the person named at that persons’ usual or last known residence or place of business.\n> \n> > (4) Service pursuant to subrule (3) is not effective unless and until the subpoena is actually received by the person named.","sortOrder":23},{"sectionNumber":"25","sectionType":"section","heading":"Subpoena to medical expert","content":"#### 25 Subpoena to medical expert\n\n25 Subpoena to medical expert\n\n> > (1) Where a subpoena requires a medical expert to attend in Sydney on a specified date for the purposes of giving evidence on medical matters, the subpoena may not be served on the expert later than 21 days before the date so specified unless the Tribunal otherwise orders.\n> \n> > (2) The parties may not by consent abridge the time fixed by or under subrule (1).\n> \n> > (3) A party may request the issue of a subpoena for production in the approved form requiring a medical expert to attend and produce medical records or clear sharp photocopies of them.\n> \n> > (4) A subpoena requested under subrule (3) must not require the person named to attend or produce any document on any date specified unless the amount of $28 is paid or tendered to the person at the time of service of the subpoena or not later than a reasonable time before that specified date.\n> \n> > (5) Rule 15 (Conduct money) does not apply to a subpoena requested under subrule (3).\n> \n> > (6) Rule 17 (Production by non-party) applies to the photocopies as it applies to the records.","sortOrder":24},{"sectionNumber":"26","sectionType":"section","heading":"Setting aside","content":"#### 26 Setting aside\n\n26 Setting aside\n\n> The Tribunal may, of its own motion or on the motion of any person having a sufficient interest, set aside a subpoena wholly or in part.","sortOrder":25},{"sectionNumber":"27","sectionType":"section","heading":"Expense and loss","content":"#### 27 Expense and loss\n\n27 Expense and loss\n\n> Where a person named is not a party and, in consequence of service of the subpoena, reasonably incurs expense or loss substantially exceeding any sum paid under Rule 15 (Conduct money), the Tribunal may order that the party who requested the issue of the subpoena pay to the person named an amount in respect of the expense or loss.","sortOrder":26},{"sectionNumber":"28","sectionType":"section","heading":"Alteration to obligations","content":"#### 28 Alteration to obligations\n\n28 Alteration to obligations\n\n> > (1) A party who has requested the issue of a subpoena to give evidence may, by written or oral notice to the person named, alter the day specified in the subpoena for attendance to a day which is—\n> > \n> > > (a) later than the day specified in the subpoena and the day, if any, as last altered pursuant to this subrule, and\n> > \n> > > (b) the day of the hearing of the action.\n> \n> > (2) Where the person named in any subpoena has not been called to give evidence, or produce documents, before the Tribunal in compliance with the subpoena, the party who requested the issue of the subpoena may, by written or oral notice to the person named, excuse that person from compliance with the subpoena.","sortOrder":27},{"sectionNumber":"29","sectionType":"section","heading":"Privileged documents or things","content":"#### 29 Privileged documents or things\n\n29 Privileged documents or things\n\n> Part 3.10 of the [Evidence Act 1995](/view/html/inforce/current/act-1995-025) applies and nothing in these Rules compels a person on whom a subpoena is served to produce a privileged document or thing.","sortOrder":28},{"sectionNumber":"30","sectionType":"section","heading":"Repeal","content":"#### 30 Repeal\n\n30 Repeal\n\n> The [Dust Diseases Tribunal Rules](/view/html/repealed/current/sl-1990-0091), as in force immediately before the commencement of these Rules, are repealed.","sortOrder":29}],"analysis":{"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"These Rules explicitly repeal the earlier Dust Diseases Tribunal Rules and replace them with a new set of procedural provisions (Rule 30). Mechanically, the new Rules adapt parts of the Uniform Civil Procedure Rules for Tribunal use (Rules 2 and 4), introduce a standard‑list discovery mechanism (Rule 6 and Rule 7), set specific processes for provisional damages (Rule 3), prescribe detailed subpoena and access procedures (Rules 15–25), provide for arbitration of insurer disputes and fee allocation (Rules 11–12), and require defendants to notify the Dust Diseases Authority of final determinations within 28 days (Rule 13). Those changes alter the Tribunal’s procedural scope by adding and tightening rules on discovery, subpoenas, arbitration and administrative notification compared with the instrument expressly repealed (Rule 30)."},"complexity_factors":["Extensive cross-references to the Uniform Civil Procedure Rules 2005 and multiple other Acts (Rules 2, 4, 7, 11, 12, 13, 29) requiring readers to reconcile provisions across instruments.","Detailed, technical timing and notice requirements for subpoenas and access objections (Rules 20, 22, 24, 25) that create procedural precision and compliance risk.","Multiple special‑purpose procedures (standard list of documents, provisional damages, insurer arbitration, production by non‑party) each with its own rules and exceptions (Rules 3, 6, 12, 17).","Significant Tribunal and Registrar discretion to vary or displace normal procedures (for example Rules 3(3), 6(2), 11, 21–23) which increases variability and requires case‑by‑case interpretation.","Upfront cost and fee allocation schemes with recovery mechanisms (Rule 12(15)–(16), Rule 15, Rule 16, Rule 27) that interact with substantive litigation strategy.","Confidentiality and register limitations for standard lists (Rule 6(10)) that alter information access and produce nuanced practical effects.","Provisions that constrain or shape substantive rights via procedural prerequisites (e.g. specificity required to preserve provisional damages (Rule 3(6))).","Appeal and challenge windows that are short and specific (e.g. arbitration challenge 28-day window, Rule 12(19)), requiring tight calendaring."],"plain_english_summary":"What these Rules change, in plain terms\n\n- They set the procedural rules that govern how cases are run before the Dust Diseases Tribunal. The Rules adapt parts of the Uniform Civil Procedure Rules 2005 for the Tribunal (see Rule 2 and Rule 4) and replace the previous Dust Diseases Tribunal Rules (Rule 30).\n\nKey mechanical changes and how they work\n\n- Provisional damages: The Tribunal can award provisional damages (an initial award with ability to seek further damages later) in cases that fall under section 11A of the Act, but only where the plaintiff has pleaded the claim and the order specifies which dust-related condition allows a later further-claim (Rule 3(1)–(6)). The rule sets how a further-damages application is served, what directions the Tribunal may give, and limits one further-application per specified dust-related condition (Rule 3(8)).\n\n- Discovery and document handling: The Rules adopt and modify the Uniform Civil Procedure discovery regime for Tribunal cases (Rule 4). They expand the temporal scope of some discovery obligations (documents “at any time” rather than a 6‑month window) (Rule 4(2)–(3)). The Rules create a mechanism for a party to file a standard list of documents that can stand in for discovery orders in multiple proceedings (Rule 6). A filed standard list must be comprehensive (Rule 6(3)), can be amended or withdrawn (Rule 6(7)–(8)), and is kept on a Tribunal register but not searchable except by the filer and parties to proceedings that rely on it (Rule 6(10)). Section 25A of the Act (material already obtained) does not require leave or consent for operation of the standard‑list rule (Rule 7).\n\n- Subpoenas and access to material: The Rules specify practical requirements for subpoenas — timing for service (Rule 24), notice to other parties when production is required (Rule 20), proposed access orders to control who may inspect produced material (Rules 21–22), and how non‑parties may produce material to the Registrar instead of attending (Rule 17). There are special rules for medical experts and their fees if called and not called (Rules 16 and 25).\n\n- Arbitration and insurers: The Rules provide an arbitration route for disputes about insurer liability under the Workers Compensation Act (section 151AC). The registrar is appointed arbitrator by default; the President may appoint others; the Tribunal or registrar may refer disputes to arbitration; and the Rules set how fees and costs are allocated and how determinations may be challenged (Rule 12(2)–(19) and Rule 11).\n\n- Notification to the Dust Diseases Authority: A defendant in proceedings covered by section 8E(3) of the Workers’ Compensation (Dust Diseases) Act 1942 must notify the Authority in writing of any final determination (judgment, settlement, dismissal, etc.) within 28 days and must supply the documents required under that Act’s Schedule 1A (Rule 13(1)–(3)).\n\nWho is affected and who pays\n\n- Plaintiffs: must plead provisional-damages claims with specificity to preserve the right to a later further-damage claim (Rule 3(3),(4),(6)). Plaintiffs seeking expedited hearings must file grounds and, if medical, supporting medical evidence (Rule 9).\n\n- Defendants and insurers: defendants must notify the Dust Diseases Authority of final determinations and supply prescribed documents within 28 days (Rule 13). Insurers can be parties to arbitrations under Rule 12; arbitration fees are ordinarily payable equally between parties and initially by the party who requested the referral (Rule 12(16)). Tribunal may order some or all provisions of section 151AC of the Workers Compensation Act not to apply in a particular case or in relation to a particular insurer (Rule 11).\n\n- Non‑party witnesses and medical experts: subpoenas must be served with conduct money sufficient to meet reasonable expenses (Rule 15). Medical experts who attend but are not called are entitled to a specified additional payment unless notified at least 14 days before attendance (Rule 16(1)–(2)). The Tribunal may order payment to a non‑party who reasonably suffers expense or loss substantially exceeding conduct money (Rule 27).\n\n- The Registrar and Tribunal officers: the Registrar may exercise many functions under the Rules (for example, issuing subpoenas, acting as arbitrator, deciding access orders) unless the Tribunal orders otherwise (Rules 19, 12(2), 21(1), 23).\n\nWhy this matters — incentives, costs, trade‑offs and discretion (source‑grounded)\n\n- Efficiency vs. accuracy: The standard list of documents (Rule 6) and the expanded discovery window (Rule 4(2)–(3)) aim to streamline disclosure and make historical documents available. Mechanically, that lowers the discovery burden where parties file comprehensive standard lists, but it also places an ongoing duty on the filer to amend the list if additional documents come to their possession (Rule 6(6)–(7)). The Tribunal may, however, require a party to comply with a conventional discovery order despite a filed standard list (Rule 6(2)).\n\n- Timing and preparation costs: Tight service and notification windows for subpoenas and access objections (Rules 20, 22, 24, 25) create clear deadlines parties must meet. Those deadlines concentrate costs on party lawyers and administrative staff to ensure timely service, and create a risk of cost orders against a requesting party who fails to notify (Rule 20(4)).\n\n- Allocation of out‑of‑pocket costs: The Rules specify who initially pays arbitration and subpoena‑related fees (Rule 12(16), Rule 15) and provide paths to recover those amounts from other parties or by order (Rule 12(16)(c), Rule 27). This creates an incentive structure where the party who pursues procedural steps bears upfront costs and may recover them later if successful.\n\n- Tribunal and Registrar discretion: Multiple provisions give the Tribunal or Registrar discretion to modify time limits, revoke the effect of standard lists, exclude application of particular statutory provisions, or decide access orders (for example Rules 3(3) [Tribunal may award provisional damages on terms], 6(2) [Tribunal may order standard list to cease to have effect], 11 [Tribunal may disapply section 151AC], 21–23 [access orders and Registrar functions]). That discretion concentrates decision‑making with tribunal officers and can lead to case‑by‑case variability in burdens and outcomes.\n\n- Interplay with other regimes and parties’ strategic choices: The Rules explicitly permit use of discovery material obtained in other proceedings (Rule 5) and enable the Tribunal to treat arbitration under section 38 as a proceeding before the Tribunal (Rule 12(6)). Defendants who settle with some alleged tortfeasors must file settlement terms and amounts (Rule 10), and the Tribunal or officers may disclose such terms to other parties even if they contain non‑disclosure requirements (Rule 10(2)). These mechanisms affect strategic decisions about settlement, joinder, and use of evidence across related proceedings.\n\nPotential implementation and compliance risks (mechanisms identified in the Rules)\n\n- Strict service and notice deadlines (Rules 20, 24, 25) create a risk of procedural non‑compliance and attendant cost orders.\n- The standard‑list register is not searchable except by the filer and involved parties (Rule 6(10)), which may limit wider transparency; the Tribunal retains power to require ordinary discovery instead (Rule 6(2)).\n- Several provisions place payment obligations on the party who requests subpoenas/arbitration before recovery is possible (Rule 12(16), Rule 15), which can raise upfront liquidity burdens for parties pursuing discovery or arbitration.\n\nSource citations\n\n- Provisional damages: Rule 3(1)–(8).\n- Discovery and standard list: Rule 4(1)–(4); Rule 6(1)–(10); Rule 7.\n- Subpoenas, conduct money, medical expert fees, non‑party production: Rules 15–17, 19, 20, 21–25, 27–29.\n- Arbitration and insurers: Rules 11 and 12(1)–(19).\n- Notification to Dust Diseases Authority: Rule 13(1)–(4).\n- Repeal of previous Rules: Rule 30.\n\nPlain‑language bottom line: The Rules replace the Tribunal’s old procedural rules and lay out detailed procedures for discovery, subpoenas, provisional damages, arbitration with insurers, and mandatory notification to the Dust Diseases Authority. They allocate upfront costs to parties who seek subpoenas or arbitration (with recovery routes), expand certain discovery obligations, give the Tribunal and Registrar significant procedural discretion, and set fixed timelines for service and notice that parties must observe."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Insufficient substantive content was provided to assess whether the scope changed from original intent. The document as provided contains only navigational and administrative metadata from the NSW legislation website, with no actual rule provisions visible. Based on the title alone, the rules appear consistent with their stated purpose of governing Dust Diseases Tribunal procedure."},"complexity_factors":["The actual substantive content of the rules was not present in the provided text — only website metadata and status information was available for analysis","Procedural/court rules are generally moderately complex due to cross-referencing with parent legislation (the Dust Diseases Tribunal Act 1989)","The specialist nature of dust disease litigation (involving medical evidence, complex causation arguments, and urgent case management) would add complexity to the underlying rules","Score is kept low because no substantive provisions could be assessed from the provided text"],"plain_english_summary":"## Dust Diseases Tribunal Rules 2019\n\n**What is this?**\nThis is a set of procedural rules (the administrative instructions for how a court operates) for the **Dust Diseases Tribunal of NSW** — a specialist court that handles legal claims from people who have developed serious illnesses from exposure to dust, most commonly **asbestos-related diseases** like mesothelioma, asbestosis, and silicosis (a lung disease caused by silica dust).\n\n**Who does this affect?**\n- Workers (or their families) who have been diagnosed with a dust-related disease and want to sue for compensation\n- Employers, manufacturers, or insurers being sued in these cases\n- Lawyers representing either side in these disputes\n\n**Why does it matter?**\nThe Tribunal deals with some of the most urgent and heartbreaking cases in the legal system — many claimants are terminally ill and need their cases heard quickly. These rules set out *how* cases must be filed, managed, and run through the Tribunal, ensuring proceedings are fair, efficient, and accessible.\n\n**Important caveat:** The document provided is almost entirely metadata (website navigation, formatting notes, and status information) rather than the actual substantive rules themselves. The core content of the rules — the actual procedural provisions — does not appear to have been included in the text provided for analysis."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original purpose. The 2019 rules replace the 1990 rules but maintain the same core function: providing specialized procedural rules for dust disease litigation. The scope remains focused on tribunal procedure, document discovery, provisional damages, subpoenas, and insurance arbitration — all directly related to the tribunal's established jurisdiction over dust-related compensation claims. No significant mission creep is evident."},"complexity_factors":["Heavy cross-referencing to the Uniform Civil Procedure Rules 2005 (Parts 21 and 22) and multiple statutes (Dust Diseases Tribunal Act 1989, Workers Compensation Act 1987, Workers' Compensation (Dust Diseases) Act 1942, Evidence Act 1995)","Nested conditional logic in Rule 6 (standard list of documents) with 10 subrules creating a complex opt-in/opt-out system with ongoing amendment and withdrawal mechanics","Multiple defined terms in Rule 14 (5 definitions) and Rule 12 (2 definitions), plus implicit reliance on definitions in cross-referenced legislation","Provisional damages scheme (Rule 3) contains interlocking conditions — pleading requirements, offer of compromise interactions, and strict limits on further claims (only one application per condition)","Subpoena rules (Rules 14–29) contain numerous time-based exceptions and cascading conditions (e.g., Rules 20, 22, 24, 25 with varying timeframes of 24 hours, 3 days, 5 days, 7 days, 14 days, 21 days, 28 days)","Arbitration provisions (Rule 12) with 19 subrules creating a parallel dispute resolution track with its own costs, fees, and appeal mechanisms","Exception to exception structure in Rule 17 (production by non-party) with specific carve-out for claims resolution process under separate regulations"],"plain_english_summary":"These rules govern how court cases work in the **Dust Diseases Tribunal** — a special court in New South Wales that handles compensation claims for people with dust-related diseases like asbestosis and mesothelioma, usually caused by workplace exposure.\n\n**What these rules do:**\n\n* **Adapt standard court procedures** — The rules borrow heavily from the general *Uniform Civil Procedure Rules 2005* (the standard rulebook for NSW courts) but tweak them for dust disease cases. For example, they change when parties must hand over documents, removing the usual 6-month time limit so defendants must disclose documents from *any* time period.\n\n* **Special damages system** — They set up a unique \"provisional damages\" scheme (Rule 3). This lets sick workers claim compensation now for their current condition, while keeping the door open to claim *more* money later if they develop a *different* dust-related disease. This matters because these diseases can take decades to appear, and someone might have one condition now but develop a worse one later.\n\n* **Streamlined document sharing** — Companies that get sued frequently (like asbestos manufacturers or insurers) can file a \"standard list of documents\" once (Rule 6), then use it in multiple cases instead of creating new document lists for every single lawsuit. This saves time and money for everyone.\n\n* **Subpoena rules** — Detailed rules (Rules 14–29) cover how witnesses can be forced to attend court or produce documents, including special protections for medical experts and rules about who pays their expenses.\n\n* **Insurance disputes** — They provide for arbitration (Rule 12) when insurance companies fight over who pays what share of compensation.\n\n* **Speedy hearings** — They allow for fast-tracked hearings when someone's health is deteriorating (Rule 9).\n\n**Who it affects:**\nPeople with dust diseases suing for compensation, their former employers, manufacturers of asbestos or other dust products, insurance companies, and lawyers handling these cases.\n\n**Why it matters:**\nDust disease cases are often urgent because claimants may be terminally ill. These rules try to balance fairness with speed — making sure defendants can't hide old documents, letting sick people get partial compensation quickly without giving up future rights, and preventing insurance companies from delaying payment through procedural games."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/dust-diseases-tribunal-rules-2019","history":"/api/acts/dust-diseases-tribunal-rules-2019/history","analysis":"/api/acts/dust-diseases-tribunal-rules-2019/analysis","conflicts":"/api/acts/dust-diseases-tribunal-rules-2019/conflicts","importantCases":"/api/acts/dust-diseases-tribunal-rules-2019/important-cases","documents":"/api/acts/dust-diseases-tribunal-rules-2019/documents"}}