Australian Capital Territory Numbered Regulations

COURT PROCEDURES RULES 2006 (NO 29 OF 2006) - REG 660

(SCR o 34B r 2 and r 3; Qld r 242 (1) and (2))

    (1)     At the request of a party to a proceeding, the registrar must, unless the court otherwise orders, issue a notice (a notice for non-party production ) requiring a person who is not a party to the proceeding to produce for inspection a document—

    (a)     relating to a matter in issue in the proceeding; and

    (b)     in the person's possession; and

    (c)     that the person could be required to produce at the trial of the proceeding.

Note 1     If a form is approved under the Court Procedures Act 2004 , s 8 for this provision, the form must be used.

Note 2     See div 6.3.3 (Rejecting filed documents) for the registrar's powers to reject documents.

    (2)     The applicant may not require production of a document if there is available to the applicant another reasonably simple and inexpensive way of proving the matter sought to be proved by the document.

    (3)     For this rule, a matter is in issue until it is—

    (a)     admitted or taken to be admitted; or

    (b)     withdrawn, struck out or otherwise disposed of.