Production
12.06 Production
(1) Unless the parties agree otherwise or the Court orders otherwise, a party requested to produce a document must, not later than 14 days after the request, produce the document for inspection at a place within 15 kilometres of:
the registry in which the proceeding was commenced; or
the Court in which the proceeding is to be heard and determined.
(2) A party requested to produce a document is not required to do so if:
the party:
claims that the document is privileged from production; and
(ii) makes and serves on the other party an affidavit in which the party makes that claim and states sufficiently the grounds of the privilege; or
(b) the document is not in the party's possession and he or she makes and serves on the other party an affidavit in which he or she states that fact and states to the best of his or her knowledge, information and belief:
where the document is and in whose possession it is; and
(ii) if the document has been but is no longer in the party's possession – when the document was last in the party's possession, and his or her belief as to what has become of it.
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