Commonwealth Numbered Regulations

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FEDERAL COURT RULES 2011 (SLI NO 134 OF 2011) - RULE 9.56

Order for discovery -- proceeding brought against a person in the person's business name

         (1)   An applicant may apply to the Court for an order under subrule (2) if the applicant:

                (a)    starts a proceeding against a person (the respondent ) in the respondent's business name; and

               (b)    satisfies the Court that another person:

                          (i)    knows or is likely to know the respondent's description; or

                         (ii)    has or is likely to have or has had or is likely to have had control of a document that would help ascertain the respondent's description.

         (2)   If the Court is satisfied of the matters mentioned in paragraph (1) (b), the Court may order the other person:

                (a)    to attend before the Court to be examined orally about the respondent's description; and

               (b)    to produce to the Court at that examination any document or thing in the person's control relating to the respondent's description; and

                (c)    to give discovery to the applicant of all documents that are or have been in the other person's control relating to the respondent's description.

Note    Description is defined in the Dictionary.

         (3)   The applicant must provide the person with sufficient conduct money to permit the person to travel to the Court.

Note     Conduct money is defined in the Dictionary.

Rules 9.57-9.60 left blank



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