Victorian Consolidated Regulations

SUPREME COURT (GENERAL CIVIL PROCEDURE) RULES 2015 - REG 41.06

Where a person being examined before an examiner, not being a Judge of the Court or an Associate Judge, objects to answer any question put to that person or to produce any document or thing, or objection is taken to any such question or production, the following provisions apply—

        (a)     where the objection is taken to a question—

              (i)     unless the question is objected to on the ground of privilege, the person being examined shall answer the question;

              (ii)     the question, the ground for the objection and the answer, if any, shall be set out in the deposition;

        (b)     where the objection is taken to the production of a document or thing—

              (i)     the ground for the objection shall be set out in the deposition; and

              (ii)     where the objection is to the production of a document, unless production is objected to on the ground of privilege, the document or a copy shall be attached to the deposition;

        (c)     the validity of the objection shall be decided by the Court;

        (d)     if the Court disallows the objection, the Court may order that the costs occasioned by the objection be paid by the person being examined or the party taking the objection or by both of them, as the case requires.