36. Person may be examined without subpoena or other process

36. 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.

See the previous discussion at s 35 about the effect of the Act on the common law principle of Walker v Walker.