Commonwealth Numbered Regulations

[Index] [Table] [Search] [Search this Regulation] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

1979 No. 140 FEDERAL COURT RULES - RULE 18.3

Admission of document discovered
3. (1) Where a list of documents is served on a party under Order 15 (which
relates to discovery and inspection of documents), and inspection of any
document specified in the list is permitted to that party under that Order,
then, subject to sub-rule (2), the following admissions by that party in
favour of the party serving the list shall have effect unless the Court
otherwise orders:

   (a)  that the document, if described in the list as an original document,
        is an original document and was printed, written, signed or executed
        as it purports to have been; or

   (b)  that the document, if described in the list as a copy, is a true copy.

(2) Where a party-

   (a)  has by his pleading or affidavit denied the authenticity of a
        document; or

   (b)  within 14 days after the time limited under Order 15 for inspection of
        a document, serves on the party giving inspection a notice that he
        disputes the authenticity of the document, sub-rule (1) does not work
        an admission by the first-mentioned party as to that document.

(3) Sub-rules (1) and (2) apply in relation to an affidavit made in compliance
with an order under Order 15, rule 8 (which relates to discovery of particular
documents) as they apply in relation to a list of documents served under that
Order.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback