Commonwealth Consolidated Regulations

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Order for discovery to ascertain description of respondent

             (1)  A prospective applicant may apply to the Court for an order under subrule (2) if the prospective applicant satisfies the Court that:

                     (a)  there may be a right for the prospective applicant to obtain relief against a prospective respondent; and

                     (b)  the prospective applicant is unable to ascertain the description of the prospective respondent; and

                     (c)  another person (the other person ):

                              (i)  knows or is likely to know the prospective respondent's description; or

                             (ii)  has, or is likely to have, or has had, or is likely to have had, control of a document that would help ascertain the prospective respondent's description.

             (2)  If the Court is satisfied of the matters mentioned in subrule (1), the Court may order the other person:

                     (a)  to attend before the Court to be examined orally only about the prospective respondent's description; and

                     (b)  to produce to the Court at that examination any document or thing in the person's control relating to the prospective respondent's description; and

                     (c)  to give discovery to the prospective applicant of all documents that are or have been in the person's control relating to the prospective respondent's description.

Note 1:       Control and description are defined in the Dictionary.

Note 2:       For how discovery is to be made, see rule 7.25.

             (3)  The prospective applicant must provide the person with sufficient conduct money to permit the person to travel to the Court.

Note:          Conduct money is defined in the Dictionary.

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