Commonwealth Consolidated Regulations

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FEDERAL COURT RULES 2011 - RULE 9.56

Order for discovery--proceeding brought against a person in the person's business name

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

  (a)   starts a proceeding against a person (the respondent ) in the respondent's business name; and

  (b)   satisfies the Court that another person:

  (i)   knows or is likely to know the respondent's description; or

  (ii)   has or is likely to have or has had or is likely to have had control of a document that would help ascertain the respondent's description.

  (2)   If the Court is satisfied of the matters mentioned in paragraph   (1)(b), the Court may order the other person:

  (a)   to attend before the Court to be examined orally about the respondent's description; and

  (b)   to produce to the Court at that examination any document or thing in the person's control relating to the respondent's description; and

  (c)   to give discovery to the applicant of all documents that are or have been in the other person's control relating to the respondent's description.

Note:   Description is defined in the Dictionary.

  (3)   The applicant must provide the person with sufficient conduct money to permit the person to travel to the Court.

Note:   Conduct money is defined in the Dictionary.

Rules   9.57-9.60 left blank


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