Australian Capital Territory Current Regulations

COURT PROCEDURES RULES 2006 - REG 6763

    (1)     The party that put an exhibit into evidence in a proceeding must apply to the registrar for the return of the exhibit as soon as practicable after—

        (a)     if an appeal is started in relation to the proceeding within the appeal period—the appeal is disposed of; or

        (b)     if an appeal is not started in relation to the proceeding within the appeal period—the appeal period ends.

    (2)     If the registrar has the exhibit, the registrar must give it to—

        (a)     the applicant; or

        (b)     if the exhibit belongs to someone who is not a party, and the application asks for it to be given to the person—the person.

    (3)     If the registrar does not have the exhibit, the registrar must get the exhibit and give it to—

        (a)     the applicant; or

        (b)     if the exhibit is a subpoenaed document or thing produced by someone who is not a party, and the application asks for it to be given to the person—the person.

    (4)     If a party does not apply for the return of an exhibit put into evidence by the party, the registrar must—

        (a)     give the exhibit to the party or anyone else who appears to the registrar to be the owner or person entitled to possession of the exhibit; or

        (b)     if it is not practicable for the registrar to give the exhibit to the person mentioned in paragraph (a)—give notice to the party, the party's solicitor or anyone else who appears to the registrar to be the owner or person entitled to possession of the exhibit, stating that the person must, within 28 days after the notice is given—

              (i)     collect the exhibit from the registry; or

              (ii)     tell the registrar in writing that the person does not want the exhibit returned.

    (5)     If a party is given a subpoenaed document or thing, the party must return the document or thing to the addressee for the subpoena.

    (6)     This rule does not require a party to apply for the return of a subpoenaed document or thing.

    (7)     This rule applies subject to any direction of the court under rule 6608 (Removal, return, inspection etc of subpoenaed documents and things).

    (8)     In this rule:

"appeal period", in relation to a proceeding, means 28 days after the day judgment is given in the proceeding.