Commonwealth Consolidated Regulations

FEDERAL COURT RULES 2011 - RULE 20.15

  (1)   A party seeking an order for discovery (other than standard discovery) must identify the following:

  (a)   any criteria mentioned in rules   20.14(1) and (2) that should not apply;

  (b)   any other criteria that should apply;

  (c)   whether the party seeks the use of categories of documents in the list of documents;

  (d)   whether discovery should be given in an electronic format;

  (e)   whether discovery should be given in accordance with a discovery plan.

  (2)   An application by a party under subrule (1) must be accompanied by the following:

  (a)   if categories of documents are sought--a list of the proposed categories; and

  (b)   if discovery is sought by an electronic format--the proposed format; and

  (c)   if a discovery plan is sought to be used--a draft of the discovery plan.

  (3)   An application by a party seeking more extensive discovery than is required under rule   20.14 must be accompanied by an affidavit stating why the order should be made.

  (4)   For this Division:

"category of documents" includes documents, or a bundle of documents, of the same or a similar type of character.

Note:   A discovery plan is a plan that has regard to the issues in dispute and the likely number, nature and significance of the documents discoverable in relation to those issues--see the Court's Practice Note CM6, 'Electronic Technology in Litigation'.