Victorian Consolidated Regulations Victorian Consolidated Regulations(1) This Rule applies if an addressee produces a document or thing in accordance with Rule 42.06(4)(b).
(2) On the request in writing of a party, the Registrar shall inform the party whether production in response to a subpoena has occurred and, if so, include a description, in general terms, of the document and thing produced.
(3) Subject to this Rule, no person may inspect a document or thing produced unless the Court has granted leave and the inspection is in accordance with that leave.
(4) Unless the Court otherwise orders, the Registrar may permit the parties to inspect at the office of the Registrar any document or thing produced unless the addressee, a party or any person having sufficient interest objects to the inspection under this Rule.
Rule 42.09(5) substituted by S.R. No. 81/2023 rule 10(2).
(5) If the addressee objects to a document or thing being inspected by any party to the proceeding, the addressee shall, at the time of production—
(a) give notice in eCase of the objection and of the grounds of the objection; or
(b) notify the Registrar in writing of the objection and of the grounds of the objection.
Rule 42.09(6) substituted by S.R. No. 81/2023 rule 10(2).
(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—
(a) give notice in eCase of the objection and of the grounds of the objection; or
(b) notify the Registrar in writing of the objection and of the grounds of the objection.
Rule 42.09(6A) inserted by S.R. No. 81/2023 rule 10(2).
(6A) On receiving a notice of an objection under paragraph (5)(b) or (6)(b), the Registrar shall enter the objection in eCase.
(7) On receiving a notice of an objection under this Rule, the Registrar—
(a) shall not permit any, or any further, inspection of the document or thing the subject of the objection; and
(b) shall refer the objection to the Court for hearing and determination.
(8) The Registrar shall notify the issuing party of the objection and of the date, time and place at which the objection will be heard, and the issuing party shall notify the addressee, the objector and each other party accordingly.
(9) The Registrar shall not permit any document or thing produced to be removed from the office of the Registrar except on application in writing signed by the solicitor for a party.
(10) A solicitor who signs an application under paragraph (9) and removes a document or thing from the office of the Registrar, undertakes to the Court by force of this Rule that—
(a) the document or thing will be kept in the personal custody of the solicitor or a barrister briefed by the solicitor in the proceeding; and
(b) the document or thing will be returned to the office of the Registrar in the same condition, order and packaging in which it was removed, as and when directed by the Registrar.
(11) The Registrar may, in the Registrar's discretion, grant an application under paragraph (9) subject to conditions or refuse to grant the application.