Victorian Numbered Regulations

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Scope of discovery

    (1)     Unless the Court otherwise orders, discovery of documents pursuant to this Order is limited to the documents referred to in paragraph (3).

    (2)     Paragraph (1) applies despite any other rule of law to the contrary.

    (3)     Without limiting Rules 29.05 and 29.07, for the purposes of this Order, the documents required to be discovered are any of the following documents of which the party giving discovery is, after a reasonable search, aware at the time discovery is given—

        (a)     documents on which the party relies;

        (b)     documents that adversely affect the party's own case;

        (c)     documents that adversely affect another party's case;

        (d)     documents that support another party's case.

    (4)     Notwithstanding paragraph (3)—

        (a)     if a party giving discovery reasonably believes that a document is already in the possession of the party to which discovery is given, the party giving discovery is not required to discover that document;

        (b)     a party required to give discovery who has, or has had in the party's possession more than one copy, however made, of a particular document is not required to give discovery of additional copies by reason only of the fact that the original or any other copy is discoverable.

    (5)     For the purposes of paragraph (3), in making a reasonable search a party may take into account—

        (a)     the nature and complexity of the proceeding;

        (b)     the number of documents involved;

        (c)     the ease and cost of retrieving a document;

        (d)     the significance of any document to be found; and

        (e)     any other relevant matter.

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