Commonwealth Numbered Regulations

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1995 No. 371 FAMILY LAW RULES (AMENDMENT) - RULE 29

29. Order 20, rule 2 (Request for discovery);
29.1 Omit the rule, substitute: Request to make discovery

"2. (1) Subject to subrule (2), at any time after a date is fixed for the
hearing of the proceedings, a party may serve on another party a request to
make discovery, on oath, of documents that:

   (a)  are, or have been, in the possession, custody or control of the other
        party; and

   (b)  relate to all, or any, of the matters in question in the proceedings.

"(2) In proceedings commenced by an application in accordance with Form 7, a
party may serve a request to make discovery only if the court, or a Registrar,
grants leave to do so, unless:

   (a)  the directions hearing (including any adjournments) has been
        completed; and

   (b)  if a conciliation conference was ordered at the directions
        hearing-that conciliation conference has been completed.

"(3) The court, or a Registrar, must not grant leave under subrule (2) unless
there are special circumstances by reason of which the order granting leave
should be made.

"(4) A request under this rule must be in accordance with Form 24.". 


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