Family Court Rules 2021

This rule applies if —

the parties to an arbitration have made an agreement in relation to the arbitration; or

the parties to an arbitration have been given a notice under the Family Law Regulations 1984 (Commonwealth) regulation 67G.

A party to the arbitration (the requiring party) may, by written notice, require another party to the arbitration (the disclosing party) to give the requiring party a list of documents to which the duty of disclosure under rule 517(2) applies.

The disclosing party must, within 21 days after receiving the notice, give the requiring party a list of documents to which the duty of disclosure under rule 517(2) applies.

The list must identify —

the documents no longer in the disclosing party’s possession or control to which the duty would otherwise apply (with a brief statement about the circumstances in which the documents left the party’s possession or ceased to be under the party’s control); and

the documents for which privilege from production is claimed.

The requiring party may, by written notice, require the disclosing party to do either of the following in relation to a document included in a list given under subrule (3) —

produce the document for inspection;

provide a copy of the document.

If the disclosing party receives a notice under subrule (5)(b) in relation to a document, the disclosing party must, within 14 days after receiving the notice, give the requiring party a copy of the document requested at the requiring party’s expense.

Subrule (6) has effect subject to subrule (8) and rule 524.

Subrule (6) does not apply to a document —

in relation to which privilege from production is claimed; or

that is no longer in the disclosing party’s possession or control.

Subrule (10) applies if —

a disclosing party gives the requiring party a list in accordance with subrule (3); and

after doing so, a document identified in the list in accordance with subrule (4)(a) is located by, or comes into the possession or under the control of, the disclosing party.

If this subrule applies, the disclosing party must, within 7 days, notify the requiring party of the fact referred to in subrule (9)(b).