ACTIn ForceRegulation
Court Procedures Rules
6821Objections by party or person being examined
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6821 Objections by party or person being examined
(a) the examiner is not a judicial officer of a court; and
(i) a party to the proceeding objects to a question put to a
person being examined; or
(ii) a person being examined objects to answering a question
or producing a document or thing.
(2) The examiner must state to the parties the examiner’s opinion, but
must not decide, on the validity of the objection.
(3) The following matters must be set out in the deposition under
rule 6822 (Recording evidence of examination) of the person
examined, or in a statement attached to the deposition:
(a) the question;
(b) the ground for the objection;
(c) the examiner’s opinion;
(d) except if the objection is based on privilege, the answer.
(4) On application by a party, the court may decide the validity of the
Note Pt 6.2 (Applications in proceedings) applies to an application under r (4).
(5) If the court disallows the objection, it may—
(a) remit the examination back to the examiner with any necessary
direction about the conduct of the examination; and
(b) make an order for the costs caused by the objection, including
an order for costs against the person being examined.
Rule 6822