New South Wales Consolidated Regulations New South Wales Consolidated Regulations(cf SCR Part 23, rule 3(5), (6) and (7); DCR Part 22, rule 3(5), (6) and (7))
(1) The list of documents must be accompanied by--(a) a supporting affidavit, and(b) if party B has a solicitor, by a solicitor's certificate of advice.Note--: See rule 35.3 as to who may make such an affidavit.
(2) The affidavit referred to in subrule (1)(a) must state that the deponent--(a) has made reasonable inquiries as to the documents referred to in the order, and(b) believes that there are no documents (other than excluded documents) falling within any of the classes specified in the order that are, or that within the last 6 months before the commencement of the proceedings have been, in the possession of party B (other than those referred to in Part 1 or 2 of the list of documents), and(c) believes that the documents in Part 1 of the list of documents are within the possession of party B, and(d) believes that the documents in Part 2 of the list of documents are within the possession of the persons (if any) respectively specified in that Part, and(e) as to any document in Part 2 of the list of documents in respect of which no such person is specified, has no belief as to whose possession the document is in,and must state, in respect of any document that is claimed to be a privileged document, the facts relied on as establishing the existence of the privilege.
(3) The solicitor's certificate of advice referred to in subrule (1)(b) must state that the solicitor--(a) has advised party B as to the obligations arising under an order for discovery (and if party B is a corporation, which officers of party B have been so advised), and(b) is not aware of any documents within any of the classes specified in the order (other than excluded documents) that are, or that within the last 6 months before the commencement of the proceedings have been, in the possession of party B (other than those referred to in Part 1 or 2 of the list of documents).