List of documents
12.02 List of documents
(1) A list of documents is to be in accordance with Form 12A and is to:
(a) identify the documents that are or have been in the possession of the party making the list;
enumerate the documents in convenient order and:
(i) describe each document sufficiently to enable it to be identified; or
(ii) in the case of a group of documents of the same nature – describe the group sufficiently to enable it to be identified;
(c) distinguish those documents that are in the possession of the party making the list from those that have been but are no longer in the party's possession and, if a document has been but is no longer in the party's possession, state when the document was last in the party's possession and his or her belief as to what has become of it; and
(d) if the party making the list claims that a document in the party's possession is privileged from production – state sufficiently the grounds of the privilege.
It is not necessary to identify, enumerate or describe:
(a) correspondence between the parties or the legal practitioners for the parties after the commencement of the proceeding; or
the pleadings.
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