Australian Capital Territory Numbered Regulations

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SUPREME COURT RULES (AMENDMENT) (NO. 23 OF 1993) - REG 5

5. Rules 19 and 20 of Order 34 of the Principal Rules are repealed and the following rules substituted:

Appointment for inspection of documents

“19. (1) This rule applies if a party gives another party a notice to produce documents.

“(2) If this rule applies, the producing party shall give the inspecting party a notice specifying—

        (a)     a time and place at which the inspection may take place; and

        (b)     any document specified in the notice to produce documents which the producing party objects to producing, and the grounds of any such objection.

“(3) The time specified under paragraph (2) (a) shall be no later than
3 days after the notice to inspect documents is given to the inspecting party.

“(4) The place specified under paragraph (2) (a) shall be—

        (a)     the office of the producing party's solicitor;

        (b)     if the producing party is to appear in person—a place not more than 10 kilometres from the office of the Registrar; or

        (c)     if banker's books, books of account or books in constant use for the purposes of a trade or business are to be inspected—the books' usual place of custody.

“(5) A notice to inspect documents may be in accordance with Form 27 of the First Schedule.

“(6) The producing party shall give a notice to inspect documents to the inspecting party—

        (a)     if all the documents specified in the notice to produce documents are specified in the producing party's affidavit as to documents under rule 14, or in that party's writ, pleadings or particulars—within 2 days after receiving the notice to produce documents; or

        (b)     in any other case—within 4 days after receiving the notice to produce documents.

“(7) In this rule—

‘inspecting party', in relation to a notice to produce documents, means the party who gave that notice;
‘notice to inspect documents' means a notice under subrule (2);
‘notice to produce documents' means a notice under rule 18;
‘producing party', in relation to a notice to produce documents, means the party to whom that notice was given.

Court order for inspection of documents

“20. (1) This rule applies if a party who has been given a notice to produce documents—

        (a)     does not, in accordance with rule 19, give the inspecting party a notice to inspect documents; or

        (b)     in a notice to inspect documents given in accordance with rule 19, objects to producing any document specified in the notice to produce documents.

“(2) If this rule applies, on the application of the inspecting party, the Court may order the inspection of any document specified in the notice to produce documents at a place and time, and in a manner, that the Court thinks fit.

“(3) If the notice to produce documents specifies any document which is not specified in the producing party's affidavit as to documents under rule 14, or in that party's writ, pleadings or particulars, the inspecting party shall accompany an application for an order under subrule (2) with an affidavit—

        (a)     specifying the documents sought to be inspected;

        (b)     stating that those documents are in the possession or power of the producing party; and

        (c)     stating that the inspecting party is entitled to inspect those documents.

“(4) In this rule—

‘inspecting party', in relation to a notice to produce documents, means the party who gave that notice;
‘notice to inspect documents' means a notice under subrule 19 (2);
‘notice to produce documents' means a notice under rule 18;
‘producing party', in relation to a notice to produce documents, means the party to whom that notice was given.”.

Substitution


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