ACTIn ForceRegulation
Court Procedures Rules
1537Referee—proceeding on report
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1537 Referee—proceeding on report
(1) This rule applies if a referee’s report has been filed in the court in a
(2) On application by a party, the court may, on a matter of fact or law or
both—
(a) accept, amend or reject all or part of the report; or
(b) require the referee to give an explanation by further report; or
(c) 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
(d) make an order in the proceeding on the evidence taken before
the referee, with or without additional evidence.
Note 2 Pt 6.2 (Applications in proceedings) applies to an application under this
subrule or for leave under this rule.
(3) 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.
Assessment of damages Division 2.15.5
Rule 1538
(4) 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.