Commonwealth Consolidated Regulations

FAMILY LAW RULES 2004 - RULE 26B.06

             (1)  This rule applies if:

                     (a)  a party to an arbitration (the disclosing party ) claims:

                              (i)  privilege from production of a document under this Part; or

                             (ii)  that the disclosing party is unable to produce a document required to be produced under this Part; and

                     (b)  another party to the arbitration, by written notice to the disclosing party, challenges the claim.

             (2)  The disclosing party must, within 7 days after receiving the notice, give a statement setting out the basis of the claim to:

                     (a)  the other party; and

                     (b)  the arbitrator.

             (3)  If a statement is given to the arbitrator under subrule (2) in relation to a claim and the arbitrator considers that determining the claim would not involve determining a question of law, the arbitrator must determine the claim or terminate the arbitration.

             (4)  If a statement is given to the arbitrator under subrule (2) in relation to a claim and the arbitrator considers that determining the claim would involve determining a question of law, the arbitrator must notify the parties.

Note:          See also rule 26B.09 (applications for orders relating to disclosure).

             (5)  If the arbitrator terminates a section 13E arbitration under subrule (3), the arbitrator must, within 7 days, inform the court.