sec.94ADisposal of exhibits

sec.94A Disposal of exhibits

This rule applies to an exhibit held by the court, commission or registrar in a finalised proceeding. The registrar may give notice in the approved form to a party, an agent for a party or any other person who appears to the registrar to be the owner or person entitled to possession of the exhibit, to collect the exhibit from the registry within 28 days. If the exhibit is not collected from the registry within 3 months after the notice is given, the registrar may destroy or otherwise dispose of the exhibit in the way the registrar considers appropriate. The court, commission or registrar may, at any time, make an order about the return, destruction or other disposal of an exhibit. If the registrar returns, destroys or otherwise disposes of an exhibit under this rule, the registrar must ensure a note is placed on the file specifying the exhibit and details of the person to whom it was returned or the way in which it was destroyed or otherwise disposed of. In this rule— finalised proceeding means a proceeding— that has been discontinued; or in relation to which a party has notified the registrar that the proceeding has been settled or otherwise ended other than by discontinuance or the granting of final relief; or that has been struck out under rule 185A or 231 ; or in which final relief has been granted if 3 months have passed since final relief was granted and no appeal, application for a new hearing or application for judicial review in relation to the proceeding has been filed. r 94A ins 2021 SL No. 10 s 28 (sec.94A-ssec.1) This rule applies to an exhibit held by the court, commission or registrar in a finalised proceeding. (sec.94A-ssec.2) The registrar may give notice in the approved form to a party, an agent for a party or any other person who appears to the registrar to be the owner or person entitled to possession of the exhibit, to collect the exhibit from the registry within 28 days. (sec.94A-ssec.3) If the exhibit is not collected from the registry within 3 months after the notice is given, the registrar may destroy or otherwise dispose of the exhibit in the way the registrar considers appropriate. (sec.94A-ssec.4) The court, commission or registrar may, at any time, make an order about the return, destruction or other disposal of an exhibit. (sec.94A-ssec.5) If the registrar returns, destroys or otherwise disposes of an exhibit under this rule, the registrar must ensure a note is placed on the file specifying the exhibit and details of the person to whom it was returned or the way in which it was destroyed or otherwise disposed of. (sec.94A-ssec.6) In this rule— finalised proceeding means a proceeding— that has been discontinued; or in relation to which a party has notified the registrar that the proceeding has been settled or otherwise ended other than by discontinuance or the granting of final relief; or that has been struck out under rule 185A or 231 ; or in which final relief has been granted if 3 months have passed since final relief was granted and no appeal, application for a new hearing or application for judicial review in relation to the proceeding has been filed.