A party must disclose, but need not produce to the party requesting it:
- (a)
- a document for which there is a claim for privilege from disclosure; or
- (b)
- a document a copy of which is already disclosed, if the copy contains no
change, obliteration or other mark or feature that is likely to affect the
outcome of the case.
Note Rule 13.13 sets out the requirements for challenging a
claim of privilege from disclosure.