(1) A party may inspect any document in the 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 has ordered be confidential.
(2) A person who is not a party may inspect the following documents in a proceeding in the proper Registry:
(a) an originating application or cross-claim;
(b) a notice of address for service;
(c) a pleading or particulars of a pleading or similar document;
(d) a statement of agreed facts or an agreed statement of facts;
(e) an interlocutory application;
(f) a judgment or an order of the Court;
(g) a notice of appeal or cross-appeal;
(h) a notice of discontinuance;
(i) a notice of change of lawyer;
(j) a notice of ceasing to act;
(k) in a proceeding to which Division 34.7 applies:
(i) an affidavit accompanying an application, or an amended application, under section 61 of the Native Title Act 1993 ; or
(ii) an extract from the Register of Native Title Claims received by the Court from the Native Title Registrar;
(l) reasons for judgment;
(m) a transcript of a hearing heard in open Court.
Note: Native Title Registrar and Register of Native Title Claims are defined in the Dictionary.
(3) However, a person who is not a party is not entitled to inspect a document that the Court has ordered:
(a) be confidential; or
(b) is forbidden from, or restricted from publication to, the person or a class of persons of which the person is a member.
Note: For the prohibition of publication of evidence or of the name of a party or witness, see sections 37AF and 37AI of the Act.
(4) A person may apply to the Court for leave to inspect a document that the person is not otherwise entitled to inspect.
(5) A person may be given a copy of a document, except a copy of the transcript in the proceeding, if the person:
(a) is entitled to inspect the document; and
(b) has paid the prescribed fee.
Note 1: For the prescribed fee, see the Federal Court of Australia Regulations 2004 .
Note 2: If there is no order that a transcript is confidential, a person may, on payment of the applicable charge, obtain a copy of the transcript of a proceeding from the Court's transcript provider.
Note 3: For proceedings under the Trans-Tasman Proceedings Act, see also rule 34.70.
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