Commonwealth Consolidated Regulations

FEDERAL COURT RULES 2011 - RULE 20.14

  (1)   If the Court orders a party to give standard discovery, the party must give discovery of documents:

  (a)   that are directly relevant to the issues raised by the pleadings or in the affidavits; and

  (b)   of which, after a reasonable search, the party is aware; and

  (c)   that are, or have been, in the party's control.

  (2)   For paragraph   (1)(a), the documents must meet at least one of the following criteria:

  (a)   the documents are those on which the party intends to rely;

  (b)   the documents adversely affect the party's own case;

  (c)   the documents support another party's case;

  (d)   the documents adversely affect another party's case.

  (3)   For paragraph   (1)(b), in making a reasonable search, a party may take into account the following:

  (a)   the nature and complexity of the proceeding;

  (b)   the number of documents involved;

  (c)   the ease and cost of retrieving a document;

  (d)   the significance of any document likely to be found;

  (e)   any other relevant matter.

  (4)   In this rule, a reference to an affidavit is a reference to:

  (a)   an affidavit accompanying an originating application; and

  (b)   an affidavit in response to the affidavit accompanying the originating application.

Note:   Control is defined in the Dictionary.