Commonwealth Consolidated Regulations

FEDERAL COURT RULES 2011 - RULE 20.13

  (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.