Commonwealth Consolidated Regulations

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FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2) (GENERAL FEDERAL LAW) RULES 2021 - RULE 2.11

Inspection of documents

  (1)   A party may inspect any document in a proceeding except:

  (a)   a document for which a claim of privilege has been made:

  (i)   but not decided by the Court; or

  (ii)   that the Court has decided is privileged; or

  (b)   a document that the Court or a Registrar has ordered be confidential.

  (2)   A person who is not a party may inspect the following documents in a proceeding in the appropriate registry:

  (a)   an application starting the proceeding or a cross - claim;

  (b)   a response or reply;

  (c)   a notice of address for service;

  (d)   a pleading or particulars of a pleading or similar document;

  (e)   a statement of agreed facts or an agreed statement of facts;

  (f)   an application in a proceeding;

  (g)   a judgment or an order of the Court;

  (h)   a notice of discontinuance;

  (i)   a notice of change of lawyer;

  (j)   a notice of withdrawal;

  (k)   reasons for judgment;

  (l)   a transcript of a hearing heard in open court.

  (3)   However, a person who is not a party is not entitled to inspect a document if:

  (a)   the Court or a Registrar has ordered the document be confidential; or

  (b)   the person is not entitled to inspect the document because of a suppression order or non - publication order by the Court.

Note:   For the power of the Court to make a suppression order or non - publication order, see sections   230 and 233 of the Act.

  (4)   A person may apply to the Court or a Registrar for leave to inspect a document that the person is not otherwise entitled to inspect.

  (5)   A person may be given a copy of a document, except a copy of the transcript in the proceeding, if the person:

  (a)   is entitled to inspect the document; and

  (b)   has paid the prescribed fee.

Note 1:   For the prescribed fee, see the Federal Court and Federal Circuit and Family Court Regulations   2012.

Note 2:   If there is no order that a transcript is confidential, a person may, on payment of the applicable charge, obtain a copy of the transcript of a proceeding from the Court's transcript provider.



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