Commonwealth Numbered Regulations

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FEDERAL MAGISTRATES COURT RULES 2001 2001 No. 195- RULE 14.06

Order for particular disclosure

If, at any stage of a proceeding, it appears to the Court from evidence or from the nature or circumstances of the case or from any document filed, that some document or class of document relating to a matter in question in the proceeding may be, or may have been, in the possession, custody or control of a party, the Court may order the party:

(a)
to file an affidavit stating:

(i)
whether the document, or a document of that class, is or has been in the possession, custody or control of the party; and
(ii)
if it has been but is not then in the possession, custody or control of the party, when the party parted with it and what has become of it; and
(b)
to serve the affidavit on another party.



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