Commonwealth Numbered Regulations

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FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (FAMILY LAW) RULES 2021 (F2021L01197) - RULE 6.38

Objection to production or inspection or copying of document

             (1)  A person who objects to producing a document subpoenaed, or another party or an interested person who objects to the inspection or copying of a document subpoenaed by a party to the proceedings, must, before the day stated in the subpoena for production, give written notice of the objection and the grounds of the objection to:

                     (a)  the Registry Manager; and

                     (b)  if the objector is not the person subpoenaed--the person subpoenaed; and

                     (c)  each party, or other party, to the proceeding; and

                     (d)  each independent children's lawyer, or each other independent children's lawyer, in the proceeding.

             (2)  If an issuing party seeks the production of a person's medical records, the person may, before the day stated in the subpoena for production, notify the Registry Manager in writing that the person wants to inspect the records for the purpose of determining whether to object to the inspection or copying of the document by any other party.

             (3)  If a person gives a notice under subrule (2):

                     (a)  the person may inspect the medical records and notify the Registry Manager in writing of an objection (including the grounds of the objection) within 7 days after the day stated in the subpoena for production; and

                     (b)  unless otherwise ordered, no other person may inspect the medical records until the later of the following:

                              (i)  7 days after the day stated in the subpoena for production;

                             (ii)  the day of the hearing and determination of the objection (if any).

             (4)  A subpoena that is the subject of a notice of objection under this rule must be referred to the court for the hearing and determination of the objection.

             (5)  The court may compel a person to produce a document to the court for the purpose of ruling on an objection made under subrule (1) or paragraph (3)(a).



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