Australian Capital Territory Current Regulations

COURT PROCEDURES RULES 2006 - REG 650

    (1)     This rule applies if—

        (a)     a person (the applicant ) has, or is likely to have, a cause of action against someone (the potential defendant ); and

        (b)     either—

              (i)     the applicant wants to start a proceeding in the court against the potential defendant for the cause of action; or

              (ii)     the following provisions apply:

    (A)     the applicant is a party to a proceeding in the court;

    (B)     the potential defendant is not a party to the proceeding;

    (C)     the applicant wants to make a claim for relief in the proceeding against the potential defendant for the cause of action;

    (D)     the claim for relief could properly have been made in the proceeding against the potential defendant if the potential defendant were a party; and

        (c)     the applicant, after making reasonable inquiries, cannot ascertain the identity or whereabouts of the potential defendant sufficiently to start the proceeding, or make the claim for relief, against the potential defendant; and

        (d)     someone else (the other person ) may have information, or may have or have had possession of a document or thing, that tends to assist in ascertaining the identity or whereabouts of the potential defendant.

Note     The road transport authority cannot be required to comply with a preliminary discovery order in certain circumstances (see href="http://www.legislation.act.gov.au/a/1999-77" title="A1999-77">Road Transport (General) Act 1999

, s 236).

    (2)     If subrule (1) (b) (i) applies, the applicant may apply to the court by originating application for an order under this rule (and, if relevant, an order under rule 715 (Inspection, detention, custody and preservation of property—orders etc)) against the other person.

    (3)     If subrule (1) (b) (ii) applies, the applicant may apply to the court for an order under this rule (and, if relevant, an order under rule 715) against the other person.

Note     Pt 6.2 (Applications in proceedings) applies to the application.

    (4)     The application must be supported by an affidavit stating the facts on which the applicant relies, and stating the kinds of information, documents or things in relation to which the application is made.

Note 1     For an application mentioned in r (2), div 2.2.3 (Originating applications) contains provisions about the content of originating applications, the filing and service of originating applications, etc.

Note 2     For an application mentioned in r (3), r 6008 (Application in proceeding—filing and service) deals with service of the application and supporting affidavit.

    (5)     The court may order the other person—

        (a)     to attend before the court to be examined in relation to the identity or whereabouts of the potential defendant; or

        (b)     to produce to the court any document or thing that is, or has been, in the other person's possession relating to the identity or whereabouts of the potential defendant; or

        (c)     to make and serve on the applicant a list of the documents or things that are, or have been, in the other person's possession relating to the identity or whereabouts of the potential defendant; or

        (d)     to produce for inspection by the applicant any document or thing that is, or has been, in the other person's possession relating to the identity or whereabouts of the potential defendant.

    (6)     If the court makes an order under subrule (5) (a) (an order for attendance ), the court may—

        (a)     order that the other person must produce to the court on the examination any document or thing that is in the other person's possession relating to the identity or whereabouts of the potential defendant; and

        (b)     direct that the examination by the court be held before the registrar.

    (7)     An order under this rule in relation to any information, document or thing held by a corporation may be addressed to any appropriate officer or former officer of the corporation.

    (8)     Rule 6606 (1) (Compliance with subpoena) and rule 6611 (Costs and expenses of compliance with subpoena) apply, with necessary changes, in relation to an order for attendance under this rule as if the order were a subpoena.

    (9)     In this rule:

"identity or whereabouts", of the potential defendant, includes—

        (a)     whether the potential defendant is an individual or a corporation; and

        (b)     for an individual—the potential defendant's name, home address or other whereabouts, occupation and sex; and

        (c)     for a corporation—the potential defendant's registered office, business address or other whereabouts.