Local Court (Civil Jurisdiction) Rules 1998

An order made under this Part does not operate to require the person against whom the order is made to produce a document that on the ground of privilege the person could not be required to produce:

in the case of an order under rule 18.03 or 18.05 – if the applicant had commenced proceedings against the person;

in the case of an order under rule 18.04 or 18.06 – if the applicant had made the person a party to the proceedings; or

in the case of an order made under rule 18.07 – if the person had been served with a summons for production of the document at the hearing of the proceedings.