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].