Commonwealth Numbered Regulations

1979 No. 140 FEDERAL COURT RULES - RULE 33.11

11. (1) Where the Court, by subpoena or otherwise, orders any person to
produce any document or thing, and any person makes and substantiates
sufficient lawful objection to production on grounds of privilege, the Court
shall not compel production of that document or thing except production to the
Court for the purpose of ruling on the objection.

(2) Where a question is put to a person in the course of examination, and any
person makes and substantiates sufficient lawful objection on grounds of
privilege to the question being answered, the Court shall not compel an answer
to the question.

(3) Sub-rule (1) applies where an order is made for production to, and
sub-rule (2) applies where a question is put to a person in the course of
examination before, the Court or any officer of the Court, or any examiner, or
other person authorized to receive evidence, whether on a trial or hearing or
on any other occasion.

(4) This rule does not affect any rule of law which authorizes or requires the
withholding of any document or thing or the refusal to answer any question on
the ground that the disclosure of the document or thing or the answering of
the question would be injurious to the public interest.