Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:35:p6
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 35 (pt 6/12)
Character Range: 97772–100557

of all documents that are or have been in the person's control relating to the prospective respondent's description.
Note 1: Control and description are defined in the Dictionary.
Note 2: For how discovery is to be made, see rule 7.25.
 (3) The prospective applicant must provide the person with sufficient conduct money to permit the person to travel to the Court.
Note: Conduct money is defined in the Dictionary.

7.23  Discovery from prospective respondent
 (1) A prospective applicant may apply to the Court for an order under subrule (2) if the prospective applicant:
 (a) reasonably believes that the prospective applicant may have the right to obtain relief in the Court from a prospective respondent whose description has been ascertained; and
 (b) after making reasonable inquiries, does not have sufficient information to decide whether to start a proceeding in the Court to obtain that relief; and
 (c) reasonably believes that:
 (i) the prospective respondent has or is likely to have or has had or is likely to have had in the prospective respondent's control documents directly relevant to the question whether the prospective applicant has a right to obtain the relief; and
 (ii) inspection of the documents by the prospective applicant would assist in making the decision.
 (2) If the Court is satisfied about matters mentioned in subrule (1), the Court may order the prospective respondent to give discovery to the prospective applicant of the documents of the kind mentioned in subparagraph (1)(c)(i).

7.24  Procedure for applications under this Division
 (1) A prospective applicant who wants to make an application under rule 7.22 or 7.23 must:
 (a) for an application under rule 7.22—file an originating application, in accordance with Form 14A; or
 (b) for an application under rule 7.23—file an originating application, in accordance with Form 14.
 (2) An application must be accompanied by an affidavit:
 (a) stating the facts on which the prospective applicant relies; and
 (b) identifying, as precisely as possible, the documents or categories of documents to which the application relates.
 (3) A copy of the application and affidavit must be served personally on each person against whom the order is sought.

7.25  List of documents
  If a person is ordered to give discovery under rule 7.22 or 7.23, the person must file a list of documents in accordance with rule 20.17.
Note: For the requirements for a list of documents, see rule 20.17.

7.26  Privilege
  An order made under this Division does not require the person against whom the order is made to produce any document that, on the ground of privilege, the person could not be required to produce if the prospective applicant had started a proceeding against the person or made the person a party