Australian Capital Territory Numbered Regulations

SUPREME COURT AMENDMENT RULES 2004 (NO 5) (NO 54 OF 2004) - REG 28

substitute

8     Power to allow removal of documents and things

    (1)     This rule applies to a document or thing that the registrar has in relation to a proceeding, whether or not the document or thing—

        (a)     is an exhibit; or

        (b)     was produced on subpoena.

    (2)     The registrar must not permit the document or thing to be removed from the registry except on application signed by the solicitor for a party to the proceeding.

    (3)     The registrar may—

        (a)     permit the document or thing to be removed from the registry either unconditionally or subject to conditions; or

        (b)     refuse to permit the document or thing to be removed.

    (4)     If a solicitor removes the document or thing from the registry under a permission under subrule (3), the solicitor is taken to undertake to the court that—

        (a)     the document or thing will be kept in the personal custody of the solicitor or a barrister briefed by the solicitor in the proceeding; and

        (b)     the document or thing will be returned to the registry in the same condition, order and packaging in which it was removed, when directed by the registrar; and

        (c)     the solicitor will comply with the conditions (if any) to which the permission is subject.