Federal Court Rules 2011

A party may apply to the Court for an order that another party to the proceeding give discovery.

The application must state:

whether the party is seeking standard discovery; or

the proposed scope of the discovery.

An application may not be made until 14 days after all respondents have filed:

a defence; or

an affidavit in response to the affidavit accompanying the originating application.

The Court may order that discovery be given by an electronic means.

If a party who is required to give discovery wants an order under paragraph 43(3)(h) of the Act, the party must file an affidavit stating:

the orders sought; and

the party’s calculation of the cost of making discovery; and

why the orders should be made.

Section 43 of the Act provides for the Court or a Judge to do any of the following in relation to discovery:

order the party requesting discovery to pay in advance for some or all of the estimated cost of discovery;

order the party requesting discovery to give security for the payment of the cost of discovery;

make an order specifying the maximum cost that may be recovered for giving discovery or taking inspection.