Commonwealth Numbered Regulations

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FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (FAMILY LAW) RULES 2021 (F2021L01197) - RULE 6.40

Return of documents produced

             (1)  This rule applies to a document produced in compliance with a subpoena that is to be returned to the person subpoenaed.

             (2)  If the document is tendered as an exhibit at a hearing or trial, the Registry Manager must return it at least 28 days, and no later than 42 days, after the final determination of the application or appeal.

             (3)  If:

                     (a)  a document is not tendered as an exhibit at a hearing or trial; and

                     (b)  the issuing party has been given 7 days written notice of the Registry Manager's intention to return it;

the Registry Manager may return the document to the person subpoenaed at a time that is earlier than the time referred to in subrule (2).

             (4)  If the Registry Manager has received written permission from the person subpoenaed to destroy the document:

                     (a)  subrules (2) and (3) do not apply; and

                     (b)  the Registry Manager may destroy the document, in an appropriate way, not earlier than 42 days after the final determination of the application or appeal.

             (5)  Nothing in this rule requires the Registry Manager:

                     (a)  to return to the person subpoenaed any document that is produced in electronic form; or

                     (b)  to obtain permission from the person subpoenaed to destroy such a document, in an appropriate way, not earlier than 42 days after the final determination of the application or appeal.



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