Australian Capital Territory Current Regulations

COURT PROCEDURES RULES 2006 - REG 606

    (1)     The court may make the following orders:

        (a)     an order that limits a party's duty of disclosure;

        (b)     an order for a party to disclose discoverable documents;

        (c)     if the court considers that a party has not, or may not have, adequately disclosed discoverable documents—an order for a party to make further disclosure;

        (d)     an order for the lists of documents of the parties, or the list of documents of a party, to be served in a stated electronic form;

        (e)     an order for disclosure of discoverable documents by the parties, or a party, to be made in stages or in a stated way;

        (f)     an order for disclosure, or nondisclosure, by a party of any discoverable document in the party's possession;

        (g)     any other order about disclosure, or nondisclosure, of documents that the court considers appropriate.

Example for par (e) and par (g)

The court may make an order permitting disclosure by bundle.

    (2)     The court may make an order under subrule (1) on the application of a party or on its own initiative.

Note     Pt 6.2 (Applications in proceedings) applies to an application for an order under this rule.

    (3)     Before making an order under subrule (1), the court must have regard to the following matters:

        (a)     the principle that disclosure of documents in a proceeding should be limited to disclosure that is reasonably necessary for fairly disposing of the proceeding, or part of the proceeding, or for saving costs;

        (b)     the likely relevance and significance, in relation to the proceeding, of the documents, or particular documents, that may be discovered;

        (c)     the likely time, cost and inconvenience of disclosing documents or particular documents.

    (4)     Subrule (3) does not limit the matters to which the court may have regard.

    (5)     The court may inspect any document in a party's possession to decide whether it ought to be disclosed by the party.

    (6)     An affidavit must not be used for an application for an order under this rule unless the court otherwise orders.