Victorian Numbered Regulations

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Inspection of documents referred to in pleadings and affidavits

    (1)     This Rule applies to any proceeding.

    (2)     Where, in the originating process filed by a party or in any pleading, interrogatories or answers, affidavit or notice filed by a party, reference is made to a document, any other party, by notice to produce served on that party, may require that party to produce the document for inspection.

    (3)     Except as provided by paragraph (4), Rule 29.09, with any necessary modification, applies to the production and inspection of a document under this Rule.

    (4)     A party upon whom a notice to produce is served under paragraph (2) shall not be required to produce a document for inspection where—

        (a)     the party claims that the document is privileged from production, and that party makes and serves on the other party an affidavit in which the party

              (i)     makes that claim; and

              (ii)     states sufficiently the grounds of the privilege;

        (b)     the document is not in that party's possession, and the party makes and serves on the other party an affidavit in which the party

              (i)     states that fact; and

              (ii)     states to the best of the party's knowledge, information and belief where the document is and in whose possession it is; and

              (iii)     where the document has been but is no longer in the party's possession, when the party parted with it and the party's belief as to what has become of it.

    (5)     A notice to produce under paragraph (2) shall be in Form 29C.

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