Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:4:p16
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 4 (pt 16/154)
Character Range: 253931–256671

is reason to believe that the applicant will be unable to pay the respondent's costs if so ordered;
 (b) whether the applicant is ordinarily resident outside Australia;
 (c) whether the applicant is suing for someone else's benefit;
 (d) whether the applicant is impecunious;
 (e) any other relevant matter.
Note: Section 56 of the Act deals with security for costs.
 (4) In this rule:
applicant includes a cross‑claimant.
respondent includes a cross‑respondent.

Part 20—Discovery and inspection of documents

Division 20.1—General

20.01  Withholding documents on public interest grounds
  This Part does not affect any rule of law under which a document may be withheld on the ground that its disclosure would injure the public interest.

20.02  Privilege
  An order made under this Part does not require the person against whom the order is made to produce any document that is privileged.

20.03  Undertakings or orders applying to documents
 (1) If a document is read or referred to in open court in a way that discloses its contents, any express order or implied undertaking not to use the document except in relation to a particular proceeding no longer applies.
 (2) However, a party, or a person to whom the document belongs, may apply to the Court for an order that the order or undertaking continue to apply to the document.
Rules 20.04–20.10 left blank

Division 20.2—Discovery
Note: A party should have regard to any Practice Note for discovery.

20.11  Discovery must be for the just resolution of the proceeding
  A party must not apply for an order for discovery unless the making of the order sought will facilitate the just resolution of the proceeding as quickly, inexpensively and efficiently as possible.

20.12  No discovery without court order
 (1) A party must not give discovery unless the Court has made an order for discovery.
 (2) If a party gives discovery without being ordered by the Court, the party is not entitled to any costs or disbursements for the discovery.
Note: Party is defined in the Dictionary.

20.13  Application for discovery
 (1) A party may apply to the Court for an order that another party to the proceeding give discovery.
 (2) The application must state:
 (a) whether the party is seeking standard discovery; or
 (b) the proposed scope of the discovery.
 (3) An application may not be made until 14 days after all respondents have filed:
 (a) a defence; or
 (b) an affidavit in response to the affidavit accompanying the originating application.
 (4) The Court may order that discovery be given by an electronic means.
 (5) If a party who is required to give discovery wants an order under paragraph 43(3)(h) of the Act, the party must file an affidavit stating:
 (a) the orders sought;