Commonwealth Numbered Regulations

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FEDERAL COURT RULES 2011 (SLI NO 134 OF 2011) - RULE 24.20

Inspection of, and dealing with, documents and things produced otherwise than on attendance

         (1)   This rule applies if an addressee produces a document or thing in accordance with rule 24.17.

         (2)   On the request in writing of a party, the Registrar must tell the party whether production in response to a subpoena has occurred and, if so, include a description, in general terms, of the documents and things produced.

         (3)   Subject to this rule, a person may inspect a document or thing produced only if the Court has granted leave and the inspection is in accordance with the leave.

         (4)   The Registrar may permit the parties to inspect at the Registry any document or thing produced unless the addressee, a party or any person having sufficient interest objects to the inspection under this rule.

         (5)   If the addressee objects to a document or thing being inspected by any party to the proceeding, the addressee must, at the time of production, notify the Registrar in writing of the objection and of the grounds of the objection.

         (6)   If a party or person having a sufficient interest objects to a document or thing being inspected by a party to the proceeding, the objector may notify the Registrar in writing of the objection and of the grounds of the objection.

         (7)   On receiving notice of an objection under this rule, the Registrar:

                (a)    must not permit any, or any further, inspection of the document or thing the subject of the objection; and

               (b)    must refer the objection to the Court for hearing and determination.

         (8)   The Registrar must notify the issuing party of the objection and of the date, time and place at which the objection will be heard.

         (9)   After being notified by the Registrar under subrule (8), the issuing party must notify the addressee, the objector and each other party of the date, time and place at which the objection will be heard.

       (10)   The Registrar may permit any document or thing produced to be removed from the Registry only on application in writing signed by the lawyer for a party.

       (11)   A lawyer who signs an application under subrule (10) and removes a document or thing from the Registry is taken to undertake to the Court that:

                (a)    the document or thing will be kept in the personal custody of the lawyer or a barrister briefed by the lawyer in the proceeding; and

               (b)    the document or thing will be returned to the Registry in the same condition, order and packaging in which it was removed, as and when directed by the Registrar.

       (12)   The Registrar may grant an application under subrule (10) subject to conditions or refuse to grant the application.



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