Australian Capital Territory Current Regulations

COURT PROCEDURES RULES 2006 - REG 608

    (1)     A party's list of documents must—

        (a)     set out, in a convenient order—

              (i)     each document discoverable by the party; and

              (ii)     each document discoverable by the party that the party claims to be privileged from production; and

        (b)     describe clearly and briefly—

              (i)     each document set out in the list; and

              (ii)     if the party claims the document is privileged from production—the nature of the claim for privilege; and

        (c)     for each document not in the party's possession, state—

              (i)     when and how it stopped being in the party's possession; and

              (ii)     to the best of the party's knowledge, information and belief, who now has possession of the document or, failing that, what has become of the document.

Note     See approved form 2.23 (List of documents) AF2006-268

    (2)     For subrule (1), if any documents come within a group of documents of the same kind, the list of documents must deal with the documents as a group.

    (3)     The affidavit verifying the party's list of documents must state that the person making the affidavit—

        (a)     has made reasonable inquiries about the party's discoverable documents; and

        (b)     believes that there are no discoverable documents, other than those mentioned in the list of documents in accordance with subrule (1) (a) (i), that are, or have been, in the party's possession; and

        (c)     believes that the documents mentioned in the list of documents (other than the documents mentioned in subrule (1) (c)) are in the party's possession; and

        (d)     believes that the documents mentioned in subrule (1) (c) are in the possession of the people (if any) respectively stated in the list of documents in accordance with subrule (1) (c) (ii); and

        (e)     for any document mentioned in subrule (1) (c) for which no person is stated—has no belief about who has possession of the document.

Note     See approved form 2.24 (Affidavit verifying list of documents) AF2006-269

    (4)     The certificate of advice by the party's solicitor in relation to the party's list of documents must state that the solicitor—

        (a)     has advised the party of the party's obligations in relation to—

              (i)     a notice requiring the party to disclose discoverable documents for the proceeding; or

              (ii)     an order for the party to disclose discoverable documents; and

        (b)     is not aware of any discoverable documents, other than those mentioned in the list of documents in accordance with subrule (1) (a) (i), that are, or have been, in the party's possession.

Note     See approved form 2.25 (Solicitor's certificate of advice in relation to list of documents) AF2006-270