Commonwealth Numbered Regulations

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1979 No. 140 FEDERAL COURT RULES - RULE 42.21

Discovery in aid of rules 18, 20
21. (1) Where it appears to the Court that some person has or may have
knowledge of facts, or has or may have in his possession, custody or power any
document or thing, tending to assist in the ascertainment of the identity or
description, of a respondent sued in a business name, the Court may, for the
purpose of enabling amendments to be made under rule 18 or a variation of a
judgment or order to be made under rule 20-

   (a)  order that person to attend before the Court or an officer of the
        Court and be orally examined on any matter relating to the identity or
        description of the respondent;

   (b)  order that person to produce any document or thing in his possession,
        custody or power relating to the identity or description of the
        respondent; and

   (c)  if that person is a corporation or organization order the corporation
        or organization or any officer of the corporation or organization to
        produce any document or thing in the possession, custody or power of
        the corporation or organization relating to the identity or
        description of the respondent.

(2) In sub-rule (1), " description ", in relation to a respondent, includes
the name, place of residence, place of business, occupation and sex of the
respondent.



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