Document ID: chunk:federal_register_of_legislation:F2023C00085:front:0:p14
Version: federal_register_of_legislation:F2023C00085
Segment Type: other
Provision Reference: 
Character Range: 34038–36584

has been filed electronically and a notice has been inserted as the first page of the document as required by paragraph (1)(a) or (b), the notice is treated as part of the document for the purposes of the Act and these Rules (including any rules about service of the document).

Division 2.3—Custody and inspection of documents

2.10  Custody of documents
 (1) The District Registrar of a District Registry of the Federal Court of Australia is to have custody of, and control over:
 (a) each document filed in the Registry in a proceeding; and
 (b) the records of the Registry relating to a proceeding.
 (2) A person may remove a document from a Registry if:
 (a) a Registrar has given written permission for the removal because it is necessary to transfer the document to another Registry; or
 (b) the Court or a Registrar has given the person leave for the removal.
 (3) If the Court or Registrar permits a person to remove a document from the Registry, the person must comply with any conditions on the removal imposed by the Court or Registrar.

2.11  Inspection of documents
 (1) A party may inspect any document in a proceeding except:
 (a) a document for which a claim of privilege has been made:
 (i) but not decided by the Court; or
 (ii) that the Court has decided is privileged; or
 (b) a document that the Court or a Registrar has ordered be confidential.
 (2) A person who is not a party may inspect the following documents in a proceeding in the appropriate registry:
 (a) an application starting the proceeding or a cross‑claim;
 (b) a response or reply;
 (c) a notice of address for service;
 (d) a pleading or particulars of a pleading or similar document;
 (e) a statement of agreed facts or an agreed statement of facts;
 (f) an application in a proceeding;
 (g) a judgment or an order of the Court;
 (h) a notice of discontinuance;
 (i) a notice of change of lawyer;
 (j) a notice of withdrawal;
 (k) reasons for judgment;
 (l) a transcript of a hearing heard in open court.
 (3) However, a person who is not a party is not entitled to inspect a document if:
 (a) the Court or a Registrar has ordered the document be confidential; or
 (b) the person is not entitled to inspect the document because of a suppression order or non‑publication order by the Court.
Note: For the power of the Court to make a suppression order or non‑publication order, see sections 230 and 233 of the Act.
 (4) A person may apply to the Court or a Registrar for leave to inspect a document that the person is not otherwise entitled to inspect.
 (5)