Commonwealth Numbered Regulations

1979 No. 140 FEDERAL COURT RULES - RULE 33.12

12. (1) Where a party to any proceedings serves on another party notice
requiring the party served to produce at any trial or hearing in the
proceedings, or before any Judge, officer, examiner or other person having
authority to take evidence in the proceedings any document or thing for the
purpose of evidence and the document or thing is in the possession, custody or
power of the party served, the party served shall, unless the Court otherwise
orders, produce the document or thing in accordance with the notice, without
the need for any subpoena for production.

(2) Where the document or thing required to be produced in accordance with
sub-rule (1) is not produced, the party serving the notice may lead secondary
evidence of the contents or nature of the document or thing.

(3) Sub-rule (2) does not affect the power of the Court to order costs against
a party who fails to comply with a notice under sub-rule (1).