Uniform Civil Procedure Rules 1999

The applicant must, within 3 months after the issue of a notice of non-party disclosure, serve a copy of the notice on—

a person, other than a party, about whom information is sought by the notice; and

if the applicant knows the respondent does not own a document required to be produced—the owner of the document.

Subrule (1) does not apply if the applicant’s solicitor—

believes, on reasonable grounds, that a person who would otherwise be required to be served under subrule (1) is likely to fabricate evidence or perpetrate fraud if the person becomes aware of the notice; and

has completed a certificate in the approved form stating that the solicitor has that belief and that the interests of justice are likely to be jeopardised if the person were served with the notice.

A certificate by the applicant’s solicitor under subrule (2) must be tendered to the court after the close of the applicant’s case.

Further, subrule (1)(b) does not apply if, after reasonable inquiries, the applicant can not identify the owner of the document.

The applicant must write the name and address of anyone who must be served under this rule on the notice and on all copies of the notice.