(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; and
(b) the party's calculation of the cost of making discovery; and
(c) why the orders should be made.
Note: Section 43 of the Act provides for the Court or a Judge to do any of the following in relation to discovery:
(i) order the party requesting discovery to pay in advance for some or all of the estimated cost of discovery;
(ii) order the party requesting discovery to give security for the payment of the cost of discovery;
(iii) make an order specifying the maximum cost that may be recovered for giving discovery or taking inspection.