Document ID: chunk:federal_register_of_legislation:F2023C00085:front:0:p39
Version: federal_register_of_legislation:F2023C00085
Segment Type: other
Provision Reference: 
Character Range: 93074–95533

stage of a proceeding, it appears to the Court from evidence or from the nature or circumstances of the case or from any document filed, that some document or class of document relating to a matter in question in the proceeding may be, or may have been, in the possession, custody or control of a party, the Court may order the party:
 (a) to file an affidavit stating:
 (i) whether the document, or a document of that class, is or has been in the possession, custody or control of the party; and
 (ii) if it has been, but is not then, in the possession, custody or control of the party—when the party parted with it and what has become of it; and
 (b) to serve the affidavit on another party.

14.07  Inspection of documents
  A document produced under an order may be inspected:
 (a) at the time and place specified in the order; or
 (b) at a time and place agreed by the parties.

14.08  Copies of documents inspected
  Unless the Court otherwise orders, a party who inspects a document under this Division may make a copy of the document or an extract from the document.

14.09  Documents not disclosed or produced
  Unless the Court gives leave, a party is not entitled to put a document or a copy of a document in evidence or give, or cause to be given, evidence of the contents of a document:
 (a) if:
 (i) the party has filed an affidavit of documents; and
 (ii) the document was, when the party made the affidavit, in the possession, custody or control of the party or had been, in the possession, custody or control of the party; and
 (iii) the document was not referred to in the affidavit or in any other affidavit of documents filed by the party under an order of the Court; or
 (b) if the party has been served with a subpoena to produce the document and does not produce the document.

14.10  Documents referred to in document or affidavit
 (1) If a document or affidavit filed by a party refers to another document, another party may request the party in writing for a copy of the document or to produce it for inspection.
 (2) The party requested to provide a copy of, or produce, a document must, within 4 days of the request, in writing to the party making the request:
 (a) provide a copy of the document or appoint a time within 7 days, and a place where, it may be inspected; or
 (b) claim that the document is privileged from production and state the grounds; or
 (c) state that the document is not in the possession, custody or control