Court Procedures Rules 2006

This rule applies if a party to a proceeding (the inspecting party) gives notice to another party (the producing party) to produce for inspection a document mentioned in—

the producing party’s list of documents; or

any originating process, pleading, particular or affidavit filed by the producing party in the proceeding.

The producing party must, in accordance with this rule, produce the document for inspection by the inspecting party.

However, the producing party does not have to produce—

a document not required to be disclosed under this part; or

a document for which the producing party has, in the party’s list of documents, claimed privilege from production; or

a document not required by the inspecting party to be produced; or

a document not in the producing party’s possession; or

a document relating only to a claim in the proceeding that does not affect the producing party.

Production of documents by the producing party must take place on the day, and at the time and place, stated by the producing party in a notice given to the inspecting party, unless the producing party and the inspecting party agree on alternative arrangements.

The notice must—

be given by the producing party to the inspecting party not later than 7 days after the day the producing party is given the notice under subrule (1); and

state—

a day that is a business day and is not earlier than 7 days, nor later than 21 days, after the day the notice under subsection (4) is given to the inspecting party; and

a time between 9 am and 3 pm; and

state as the place for production—

the address for service of the producing party; or

if it is not practicable to produce the documents at that address—some other reasonable place in the ACT.

Address for service is defined in the dictionary.

The inspecting party may copy a document produced for inspection and make notes of, or take extracts from, it.

If the producing party makes a copy of a document for, and at the request of, the inspecting party, the producing party is entitled to payment for the copy under schedule 4 (Scale of costs).

If the producing party discloses a document to the inspecting party after inspection by the inspecting party, the producing party must allow the inspecting party to inspect the document as soon as practicable, either at the place where the inspection took place or another place agreed by the parties.

However, subrule (8) does not require the producing party to produce a document if, apart from the subrule, the party is not required to produce it.