Australian Capital Territory Current Regulations

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COURT PROCEDURES RULES 2006 - REG 609

Claim for privilege—challenge etc

    (1)     This rule applies if—

        (a)     a party claims in the party's list of documents that a document is privileged from production; and

        (b)     another party challenges the claim by letter given to the party making the claim.

    (2)     The party making the claim must file and serve on the other party an affidavit stating the claim not later than 7 days after the day the party making the claim receives the letter from the other party challenging the claim.

    (3)     The affidavit must be made by an individual who knows the facts giving rise to the claim.

    (4)     On application by the party making the claim or a party challenging the claim, the court may decide a dispute about whether a document is privileged.

Note 1     For privilege, see the title="A2011-12">Evidence Act

, pt 3.10.

Note 2     Pt 6.2 (Applications in proceedings) applies to an application for an order under this rule in relation to a dispute.



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