Australian Capital Territory Current Regulations

COURT PROCEDURES RULES 2006 - REG 605

    (1)     A document that is, or has at any time been, in the possession of a party to a proceeding is discoverable by the party if it—

        (a)     relates, directly or indirectly, to a matter in issue in the proceeding; or

        (b)     is mentioned, expressly or by necessary implication, in a pleading or notice filed in the proceeding.

    (2)     However, a document is not discoverable by a party if it—

        (a)     is filed in court in the proceeding; or

        (b)     relates only to 1 or more items of special damage, unless another party to the proceeding asks for the document to be discovered; or

        (c)     is mentioned in a pleading or notice filed in the proceeding by another party, unless it is discoverable on another ground; or

        (d)     is a written communication in relation to the proceeding between a solicitor for the party requiring disclosure and a solicitor for the disclosing party; or

        (e)     is the party's brief to the party's counsel; or

        (f)     is an advice to the party from the party's counsel.

    (3)     Also, a document is not discoverable by a party to a proceeding if the document is—

        (a)     a written confidential communication in relation to the proceeding, created after the commencement of the proceeding, between—

              (i)     the party and a legal practitioner for the party; or

              (ii)     2 or more legal practitioners for the party; or

        (b)     a note of an oral confidential communication in relation to the proceeding, created after the commencement of the proceeding (made in person or by telephone) between—

              (i)     the party and a legal practitioner for the party; or

              (ii)     2 or more legal practitioners for the party.

    (4)     This rule applies unless the court otherwise orders.

Note     Pt 6.2 (Applications in proceedings) applies to an application for an order otherwise ordering.

    (5)     For this rule, a matter is in issue until it is—

        (a)     admitted or taken to be admitted; or

        (b)     withdrawn, struck out or otherwise disposed of.

    (6)     In this rule:

"confidential communication—"see the title="A2011-12">Evidence Act

, section 117.

"confidential document—"see the title="A2011-12">Evidence Act

, section 117.