Uniform Civil Procedure Rules 2005

This rule applies in the following circumstances—

if the court orders a person, by subpoena or otherwise, to produce a document to the court or to an authorised officer,

if a party requires another party, by notice under rule 34.1, to produce a document to the court or to an authorised officer,

if a question is put to a person in the course of an examination before the court or an authorised officer.

In subrule (1), authorised officer means—

any officer of the court, or

any examiner, referee, arbitrator or other person who is authorised by law to receive evidence.

A person may object to producing a document on the ground that the document is a privileged document or to answering a question on the ground that the answer would disclose privileged information.

A person objecting under subrule (3) may not be compelled to produce the document, or to answer the question, unless and until the objection is overruled.

If a document is produced, and a person objects to the production of the document on the ground that the document is a privileged document, access to the document must not be granted unless and until the objection is overruled.

The production of a document to the court under a claim for privilege does not constitute a waiver of privilege.

Subrules (4A) and (4B) extend to documents produced before the commencement of those subrules.

For the purpose of ruling on the objection—

evidence in relation to the claim of privilege may be received from any person, by affidavit or otherwise, and

cross-examination may be permitted on any affidavit used, and

in the case of an objection to the production of a document, the person objecting may be compelled to produce the document.

This rule does not affect any law that authorises or requires a person to withhold a document, or to refuse to answer a question, on the ground that producing the document, or answering the question, would be injurious to the public interest.