Commonwealth Consolidated Regulations

FEDERAL COURT RULES 2011 - RULE 2.28

  (1)   A document which has been accepted for filing will be removed from a Court file if:

  (a)   the Court has ordered that the document be removed from the Court file:

  (i)   on its own initiative; or

  (ii)   on the application of a party under rule   6.01 or subrule   16.21(2); or

  (b)   for an affidavit--the Court has ordered that the affidavit be removed from the Court file:

  (i)   on its own initiative; or

  (ii)   on the application of a party under subrule   29.03(2); or

  (c)   the Court is satisfied that the document:

  (i)   is otherwise an abuse of process of the Court; or

  (ii)   should not, under rule   2.27, have been accepted for filing.

  (2)   A party may apply to the Court for an order under subparagraph   (1)(c)(i) or (ii) that a document be removed from the Court file.

  (3)   A document removed from a Court file under this rule must be stored:

  (a)   if an order mentioned in this rule specifies a way to store the document--in the way specified in the order; or

  (b)   otherwise--as directed by the District Registrar.