Commonwealth Consolidated Regulations

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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; 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.

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