Commonwealth Consolidated Regulations

FAMILY LAW RULES 2004 - RULE 26B.07

             (1)  This rule applies if:

                     (a)  the parties to an arbitration have made an arbitration agreement in relation to the arbitration; or

                     (b)  the parties to an arbitration have been given a notice under regulation 67G of the Regulations.

             (2)  A party to the arbitration (the requiring party ) may, by written notice, require another party to the arbitration (the disclosing party ) to give the requiring party a list of documents to which the duty of disclosure under subrule 26B.01(1) applies.

Note:          An arbitrator may require a person to produce documents: see regulation 67N of the Regulations.

             (3)  The disclosing party must, within 21 days after receiving the notice, give the requiring party a list of the documents to which the disclosing party's duty of disclosure under subrule 26B.01(1) applies.

Note:          Rule 26B.02 sets out the documents to which the duty of disclosure under subrule 26B.01(1) applies.

             (4)  The list must identify:

                     (a)  the documents (if any) that are no longer in the possession, or under the control, of the disclosing party (with a brief statement about the circumstances in which the documents left the party's possession or ceased to be under the party's control); and

                     (b)  the documents (if any) for which privilege from production is claimed.

             (5)  The requiring party may, by written notice, require the disclosing party to do either of the following in relation to a document included in a list in accordance with subrule (3):

                     (a)  produce the document for inspection;

                     (b)  provide a copy of the document.

             (6)  If the disclosing party receives a notice under paragraph (5)(b) in relation to a document, the disclosing party must, within 14 days after receiving the notice, give the requiring party a copy of the document at the requiring party's expense.

             (7)  Subrule (6) has effect subject to subrule (8) and rule 26B.08.

             (8)  Subrule (6) does not apply to a document:

                     (a)  in relation to which privilege from production is claimed; or

                     (b)  that is no longer in the disclosing party's possession or control.

             (9)  If:

                     (a)  the disclosing party gives the requiring party a list in accordance with subrule (3); and

                     (b)  after doing so, a document identified in the list in accordance with paragraph (4)(a) is located by, or comes into the possession or under the control of, the disclosing party;

the disclosing party must, within 7 days, notify the requiring party of that fact.