34Calling witnesses

#### 34 Calling witnesses 34 Calling witnesses > > (1) A party to Commission proceedings who proposes to rely on the oral evidence of a witness must lodge, together with the information and documents required to be lodged and served under Division 7.2, a document containing— > > > > > (a) the name of the witness, and > > > > > (b) a written statement of the evidence to be given by the witness, signed by the witness. > > > (2) The party must also serve the documents and information on the other parties to the proceedings. > > > (3) A party may not, in Commission proceedings, call a witness to give oral evidence that has not been included in a document lodged and served as required under this rule unless— > > > > > (a) the party has lodged and served with the information and documents required under Division 7.2 a statement indicating— > > > > > > > (i) the specific nature of the evidence, and > > > > > > > (ii) the reliance the party intends to place on the evidence, and > > > > > > > (iii) the reasons why the evidence has not been included in a statement as required under this rule, and > > > > > > > (iv) the time the evidence is expected to be included, and > > > > > (b) the evidence is included in a written statement lodged and served on the other parties as soon as practicable after the statement can be obtained. > > > (4) Subrule (3) does not prevent the party from calling a person to give the evidence if— > > > > > (a) the person refuses to sign a statement of the oral evidence to be given in proceedings by the person, and > > > > > (b) the party has served a summons issued under rule 56 in relation to the person. > > > (5) Despite subrule (3), the Commission may, for the avoidance of injustice, allow a party to introduce oral evidence that the party would otherwise be prevented from introducing by subrule (3). > > > (6) If a party proposes to give oral evidence, this rule applies to the party as though the party was a witness for the party. > > **rule 34:** Am 2024 (587), Sch 1\[1\]; 2025 (708), Sch 1\[1\].