Federal Court Rules 2011

If the Court orders a party to give standard discovery, the party must give discovery of documents:

that are directly relevant to the issues raised by the pleadings or in the affidavits; and

of which, after a reasonable search, the party is aware; and

that are, or have been, in the party’s control.

For paragraph (1)(a), the documents must meet at least one of the following criteria:

the documents are those on which the party intends to rely;

the documents adversely affect the party’s own case;

the documents support another party’s case;

the documents adversely affect another party’s case.

For paragraph (1)(b), in making a reasonable search, a party may take into account the following:

the nature and complexity of the proceeding;

the number of documents involved;

the ease and cost of retrieving a document;

the significance of any document likely to be found;

any other relevant matter.

In this rule, a reference to an affidavit is a reference to:

an affidavit accompanying an originating application; and

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

Control is defined in the Dictionary.