County Court Civil Procedure Rules 2018

Rule 41B.01

[heading as in originating process]

notice of intention to apply for leave in relation to confidential communication

(Section 32CA(1) of the Evidence (Miscellaneous Provisions) Act 1958)

To [name]

of [address]

I, [name of applicant]

intend to apply on [date] at [time] in the County Court, 250 William Street, Melbourne for leave under section 32C(1) of the Evidence (Miscellaneous Provisions) Act 1958:

*to issue a subpoena for the production of a document which may contain

*to produce a document which may disclose

*to adduce evidence of, or to adduce a document which may record,

a confidential communication (as defined in section 32B(1) of the Evidence (Miscellaneous Provisions) Act 1958).

The nature of the confidential communication sought to be produced or adduced is: [provide details]

The matters to be taken into account to determine whether leave should be granted are as set forth in section 32D of the Evidence (Miscellaneous Provisions) Act 1958.

*You are not required to produce the document which may contain a confidential communication unless the Court makes an order under section 32C(1)(a) or 32CF(1) of the Evidence (Miscellaneous Provisions) Act 1958.

Date:

[Signature]

• each other party to the proceeding; and

• the medical practitioner or counsellor (as the case requires, if not a party); and

• the protected person

not less than 14 days before the date for the hearing of the application.

*Delete if not applicable.

Form 41BB inserted by S.R. No. 77/2023 rule 5.