Australian Capital Territory Current Regulations Australian Capital Territory Current Regulations(1) This rule applies if—
(a) the respondent to a notice for non-party production in a proceeding or any other party to the proceeding—
(i) claims that a document mentioned in the notice is privileged from production; or
(ii) otherwise objects to its production; or
(b) someone else who would be affected by the notice and who has not been served with the notice is given leave to object to the production of a document mentioned in the notice.
Note Pt 6.2 (Applications in proceedings) applies to an application for leave or an order under this rule.
(2) The person objecting must give notice of the objection to the applicant for the notice and, if required by the applicant, file an affidavit, and serve a stamped copy on the applicant, stating—
(a) the document that the person objects to being produced; and
(b) the reasons the person claims privilege or otherwise objects to the document being produced.
(3) The reasons for objection may include, but are not limited to, the following:
(a) if the person objecting is the respondent—the expense and inconvenience likely to be incurred by the respondent in complying with the notice;
(b) the lack of relevance to the proceeding of the document;
(c) the lack of particularity with which the document is described;
(d) the confidential nature of the document or its contents;
(e) the effect disclosure would have on anyone;
(f) if the person objecting was not served with the notice—the fact that the person should have been served.
(4) The person objecting need not produce the document and the applicant for the notice, the respondent or another party to the proceeding may apply to the court for orders in relation to the claim or objection.
(5) On application under this rule, the court may make the orders it considers appropriate.