Commonwealth Consolidated Regulations

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FAMILY LAW RULES 2004 - RULE 15.31

Objections relating to production of documents

Objection to producing, or to inspection or copying of, a document

             (1)  Subrule (2) applies if a subpoena for production is issued in relation to proceedings, and:

                     (a)  the named person objects to producing a document in accordance with the subpoena; or

                     (b)  any of the following objects to the inspection or copying of a document identified in the subpoena:

                              (i)  the named person;

                             (ii)  an interested person in relation to the subpoena;

                            (iii)  another party to the proceedings;

                            (iv)  any independent children's lawyer in the proceedings.

             (2)  The person or party (the objector ) must, before the day on which production in accordance with the subpoena is required, give written notice of the objection and the grounds for the objection, to:

                     (a)  the Registry Manager; and

                     (b)  if the objector is not the named person--the named person; and

                     (c)  each party, or other party, to the proceedings; and

                     (d)  each independent children's lawyer, or each other independent children's lawyer, in the proceedings.

Objection relating to inspection or copying of medical records

             (3)  If a subpoena for production requires the production of a person's medical records, the person may, before the day (the production day ) on which production in accordance with the subpoena is required, notify the Registry Manager in writing that the person wishes to inspect the medical records for the purpose of determining whether to object to the inspection or copying of the records.

             (4)  If a person (the potential objector ) gives notice under subrule (3):

                     (a)  the potential objector may inspect the medical records; and

                     (b)  if the potential objector wishes to object to the inspection or copying of the records--the potential objector must, within 7 days of the production day, give written notice of the objection and the grounds for the objection, to the Registry Manager; and

                     (c)  unless the court orders otherwise, no other person may inspect the medical records until the later of:

                              (i)  7 days after the production day; and

                             (ii)  if the potential objector makes an objection under paragraph (b)--the end of the hearing and determination of the objection.

Referral of subpoena to the court

             (5)  If a person makes an objection under subrule (2) or paragraph (4)(b), the subpoena must be referred to the court for the hearing and determination of the objection.

             (6)  The court may compel a person to produce a document to the court for the purpose of ruling on an objection under subrule (2) or paragraph (4)(b).



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