Document ID: chunk:federal_register_of_legislation:F2024C00417:reg:3:p36
Version: federal_register_of_legislation:F2024C00417
Segment Type: reg
Provision Reference: reg 3 (pt 36/100)
Character Range: 204808–207422

no longer in the disclosing party's possession or control; or
 (c) a document a copy of which has already been provided, if the copy contains no change, obliteration or other mark or feature that is likely to affect the outcome of the proceeding.
 (2) Subrule (1) does not affect the operation of rule 7.14.
Note: Rule 7.14 requires the disclosure of an expert's report in a parenting proceeding.

Division 6.2.3—Objecting to production

6.16  Objection to production
 (1) This rule applies if:
 (a) a party claims:
 (i) privilege from production of a document; or
 (ii) that the party is unable to produce a document; and
 (b) another party, by written notice, challenges the claim.
 (2) The party making the claim must, within 7 days after the other party challenges the claim, file an affidavit setting out details of the claim.
 (3) The court may inspect the document for the purpose of determining whether the claim is valid.

Division 6.2.4—Orders in relation to disclosure

6.17  Consequences of non‑disclosure
  If a party does not disclose a document as required by these Rules:
 (a) the party:
 (i) must not offer the document, or present evidence of its contents, at a hearing or trial without the other party's consent or the court's permission; and
 (ii) may be guilty of contempt for not disclosing the document; and
 (iii) may be ordered to pay costs; and
 (b) the court may stay or dismiss all or part of the party's case.
Note 1: A party who discloses a document under this Part must produce the document at the trial if a notice to produce has been given (see rule 6.42).
Note 2: Section 112AP of the Family Law Act sets out the court's powers in relation to a contempt of court.

6.18  Application for order for disclosure, production or inspection
 (1) A party (the first party) may seek an order that:
 (a) another party comply with a request for a list of documents in accordance with rule 6.09; or
 (b) another party provide an affidavit of documents; or
 (c) another party disclose a specified document, or class of documents, by providing a copy of the document, or each document in the class; or
 (d) another party produce a document for inspection; or
 (e) another party file an affidavit stating:
 (i) that a specified document, or class of documents, does not exist or has never existed; or
 (ii) the circumstances in which a specified document or class of documents ceased to exist or passed out of the possession or control of that party; or
 (f) the first party be partly or fully relieved of the duty of disclosure.
 (2) A party making an application under subrule (1) must satisfy