Australian Capital Territory Current Regulations

COURT PROCEDURES RULES 2006 - REG 651

    (1)     This rule applies if—

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

        (b)     either—

              (i)     the applicant, after making reasonable inquiries, cannot obtain sufficient information to decide whether 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, after making reasonable inquiries, cannot obtain sufficient information to decide whether 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 has reasonable grounds for believing that the potential defendant has or has had possession of a document or thing that can assist in deciding whether to start the proceeding, or make the claim for relief, against the potential defendant; and

        (d)     inspection of the document or thing by the applicant would help in making the decision.

    (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 potential defendant.

    (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 potential defendant.

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 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 potential defendant to produce the document or thing to the applicant.

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