Document ID: chunk:federal_register_of_legislation:F2023C00085:front:0:p47
Version: federal_register_of_legislation:F2023C00085
Segment Type: other
Provision Reference: 
Character Range: 111836–114446

Application of Division 16.2
 (1) This Division:
 (a) applies to a subpoena for production; and
 (b) does not apply to a subpoena for production and to give evidence.
 (2) A person who inspects or copies a document under these Rules or an order must:
 (a) use the documents only for the purpose of the proceedings; and
 (b) not disclose the contents of the document or give a copy of it to any other person without the Court's permission.
 (3) However:
 (a) a solicitor may disclose the contents or give a copy of the document to the solicitor's client or counsel; and
 (b) a client may disclose the contents or give a copy of the document to the client's solicitor.

16.12  Right to inspection of document
 (1) This rule applies if:
 (a) the Court or a Registrar issues a subpoena for production of a document under rule 16.01; and
 (b) the issuing party serves a copy of the subpoena on each other party and any interested person in accordance with rule 16.05, at least 10 days before the day stated in the subpoena for production; and
 (c) the issuing party files a notice of request to inspect in an approved form.
 (2) If a person subpoenaed, another party or an interested person has not made an objection under rule 16.13 by the date required for production, each party may, after that day:
 (a) inspect a subpoenaed document; and
 (b) take copies of a subpoenaed document, other than a criminal record, medical record or police record.
Note: For criminal record, medical record and police record, see rule 1.05
 (3) Unless otherwise ordered, the inspection is by appointment and without an order.

16.13  Objection to production or inspection or copying of document
 (1) A person who objects to producing a document subpoenaed, or another party or an interested person who objects to the inspection or copying of a document subpoenaed by a party to the proceedings, must notify the Registrar and the issuing party, in writing, of the objection and the grounds of the objection before the day stated in the subpoena for production.
 (2) If an issuing party seeks the production of a person's medical records, the person may, before the day stated in the subpoena for production, notify the Registrar in writing that the person wants to inspect the records for the purpose of determining whether to object to the inspection or copying of the records by any other party.
 (3) If notice is given under subrule (2):
 (a) the person may inspect the medical records and notify the Registrar in writing of an objection (including the grounds of the objection) within 7 days after the day stated in the subpoena