Australian Capital Territory Numbered Regulations

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PROTECTION ORDERS REGULATIONS 2002 (2002 NO 6) - REG 79

Order for particular discovery (MCCJA s 170)

    (1)     This regulation applies if, at any stage of a proceeding, it appears to the Magistrates Court from the evidence, from the nature or circumstances of the case or from a document filed in the proceeding, that there are grounds for believing that a document relating to a matter in question in the proceeding may be or may have been in the possession of a party.

    (2)     The Magistrates Court may order the party to file, and serve on another party, an affidavit stating whether the document is or has been in his or her possession and, if it has been but is not then in his or her possession, when he or she parted with possession of the document and what has become of it.

Note     Document includes a class of document (see Legislation Act 2001 , s 48).



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