Commonwealth Consolidated Regulations

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FEDERAL COURT RULES 2011 - RULE 7.23

Discovery from prospective respondent

             (1)  A prospective applicant may apply to the Court for an order under subrule (2) if the prospective applicant:

                     (a)  reasonably believes that the prospective applicant may have the right to obtain relief in the Court from a prospective respondent whose description has been ascertained; and

                     (b)  after making reasonable inquiries, does not have sufficient information to decide whether to start a proceeding in the Court to obtain that relief; and

                     (c)  reasonably believes that:

                              (i)  the prospective respondent has or is likely to have or has had or is likely to have had in the prospective respondent's control documents directly relevant to the question whether the prospective applicant has a right to obtain the relief; and

                             (ii)  inspection of the documents by the prospective applicant would assist in making the decision.

             (2)  If the Court is satisfied about matters mentioned in subrule (1), the Court may order the prospective respondent to give discovery to the prospective applicant of the documents of the kind mentioned in subparagraph (1)(c)(i).



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