Supreme Court Rules 2000

An order made under this Division may not require the person against whom the order is made to produce any document or answer any question which, on the ground of privilege, the person could not be required to produce or answer –

in the case of an order under rule 403C or 403E, if the applicant had commenced a proceeding against the person; or in the case of an order under rule 403D or 403F, if the applicant had made the person a party to a proceeding to which the applicant is a party; or in the case of an order under rule 403FA, if the person had been served with a subpoena for production of the document at the trial of the proceeding in respect of which the order is made.