Section 36Evidence Act 1995 (NSW)

Person may be examined without subpoena or other process

(1) The court may order a person who—
(a) is present at the hearing of a proceeding, and
(b) is compellable to give evidence in the proceeding,
to give evidence and to produce documents or things even if a subpoena or other process requiring the person to attend for that purpose has not been duly served on the person.
(2) A person so ordered to give evidence or to produce documents or things is subject to the same penalties and liabilities as if the person had been duly served with such a subpoena or other process.
(3) A party who inspects a document or thing produced to the court because of subsection (1) need not use the document in evidence.

Sourced from the New South Wales Legislation website at 8 June 2026. For the latest information on New South Wales Government legislation please go to https://www.legislation.nsw.gov.au. Verify the current text against the official source before relying on it.

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