sec.64DOthers affected by notice

sec.64D Others affected by notice

The party must serve a copy of the notice on— a person, other than a party and the non-party, about whom information is sought by the notice; and if the party knows the non-party does not own a document required to be produced—the owner of the document. Subrule (1) does not apply if the party’s lawyer— believes, on reasonable grounds, that a person who would otherwise be required to be served under subrule (1) is likely to fabricate evidence or perpetrate fraud if the person becomes aware of the notice; and has completed a certificate in the approved form stating that the lawyer has that belief and that the interests of justice are likely to be jeopardised if the person were served with the notice. A certificate by the party’s lawyer under subrule (2) must be tendered to the industrial tribunal at the hearing for the proceeding. Further, subrule (1) (b) does not apply if, after reasonable inquiries, the party can not identify the owner of the document. The party must write the name and address of anyone who must be served under this rule on the notice and on all copies of the notice. r 64D ins 2014 SL No. 143 s 12 (sec.64D-ssec.1) The party must serve a copy of the notice on— a person, other than a party and the non-party, about whom information is sought by the notice; and if the party knows the non-party does not own a document required to be produced—the owner of the document. (sec.64D-ssec.2) Subrule (1) does not apply if the party’s lawyer— believes, on reasonable grounds, that a person who would otherwise be required to be served under subrule (1) is likely to fabricate evidence or perpetrate fraud if the person becomes aware of the notice; and has completed a certificate in the approved form stating that the lawyer has that belief and that the interests of justice are likely to be jeopardised if the person were served with the notice. (sec.64D-ssec.3) A certificate by the party’s lawyer under subrule (2) must be tendered to the industrial tribunal at the hearing for the proceeding. (sec.64D-ssec.4) Further, subrule (1) (b) does not apply if, after reasonable inquiries, the party can not identify the owner of the document. (sec.64D-ssec.5) The party must write the name and address of anyone who must be served under this rule on the notice and on all copies of the notice.

• (a) a person, other than a party and the non-party, about whom information is sought by the notice; and
• (b) if the party knows the non-party does not own a document required to be produced—the owner of the document.
• (a) believes, on reasonable grounds, that a person who would otherwise be required to be served under subrule (1) is likely to fabricate evidence or perpetrate fraud if the person becomes aware of the notice; and
• (b) has completed a certificate in the approved form stating that the lawyer has that belief and that the interests of justice are likely to be jeopardised if the person were served with the notice.