Australian Capital Territory Numbered Regulations

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SUPREME COURT AMENDMENT RULES 2001 (NO 3) (2001 NO 48) - REG 9

Order 66 rule 11

substitute

11     Inspection of registry files

    (1)     During office hours, anyone may search the registry for, inspect, or take a copy of, any document filed in the registry.

Note     A fee may be determined under the Act, s 37 (Fees and charges—determination) for this rule.

    (2)     However, a person who is not a party to a matter may search the registry for, inspect, or take a copy of, any of the following documents about the matter only with the court's leave:

        (a)     a judgment, order, transcript of a proceeding, or any other document, that the court has ordered to be kept confidential;

        (b)     an affidavit that has not been read in court;

        (c)     a part of an affidavit ruled to be inadmissible in evidence;

        (d)     an interrogatory, or an answer to an interrogatory, that has not been admitted into evidence;

        (e)     a list of documents given on discovery;

        (f)     an admission that has not been admitted into evidence;

        (g)     a subpoena, or a document filed with the registrar in answer to a subpoena for production of documents;

        (h)     a document in relation to a proceeding about the adoption, custody or guardianship of a child;

              (i)     a document in relation to a proceeding under the Family Law Act 1975 (Cwlth);

        (j)     a document filed in the probate jurisdiction, other than—

              (i)     a grant of probate or letters of administration; or

              (ii)     an order to administer an estate; or

              (iii)     a proceeding about a contested matter;

        (k)     a deposition taken before an examiner;

        (l)     a document filed in support of an application made in the absence of a party;

        (m)     a written submission that has not been read in court;

        (n)     an unsworn statement of evidence;

        (o)     a document that the registrar decides should be confidential to the parties to the matter in the interests of justice.

    (3)     Also, a party to a matter may search the registry for, inspect, or take a copy of, a subpoena issued at the request of another party only with the court's leave.

    (4)     Further, a party to a matter may search the registry for, inspect, or take a copy of, a document filed to support any of the following applications only with the court's leave:

        (a)     an application for a document, evidence or thing to be kept confidential;

        (b)     an application for a document or thing to be granted privilege from production.



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