Queensland Consolidated Regulations

UNIFORM CIVIL PROCEDURE RULES 1999 - REG 975I

975I Application for order permitting inspection of particular documents filed in proceedings

(1) A person may apply to the court for an order permitting the person to inspect a document filed in a proceeding that the person is not otherwise entitled to inspect under rule 975H .

(2) The application must—

(a) identify the document the subject of the application; and

(b) be filed in the proceeding in which the document was filed; and

(c) be supported by an affidavit stating—

(i) the reason the order is sought; and

(ii) the use the applicant intends to make of the document, including whether the applicant intends to publish or otherwise communicate the document or its subject matter.

(3) Also, unless the court orders otherwise, the application and the supporting affidavit must be served on—

(a) either—

(i) if the applicant is a party to the proceeding in which the document was filed—each other party to the proceeding; or

(ii) if the applicant is not a party to the proceeding in which the document was filed—each party to the proceeding; and

(b) any other person the applicant has reasonable grounds to believe would be directly affected by the order sought.

(4) The court may make the orders and give the directions it considers appropriate in relation to the document, including, for example, an order imposing a condition restricting the nature and extent of any publication or other use of the document or its subject matter.

(5) In deciding whether to make an order under subrule (4) , the court may have regard to the following matters—

(a) whether inspection of the document may help the applicant provide a fair and accurate report of the proceeding;

(b) whether access to the document enables the business of the court to be seen to be conducted in open court;

(c) whether access to the document is otherwise in, or contrary to, the public interest or the interests of justice.

(6) Unless the court orders otherwise, an order made under this rule permitting the document to be inspected is stayed until any prescribed fee for the inspection is paid.