(cf Federal Court Rules , Order 15A, rule 2)
An order under this Part does not operate so as to require the person against whom it is made to produce any privileged document that the person could not be required to produce--
(a) if the applicant had commenced proceedings against that person, or
(b) if that person had otherwise become a party to proceedings to which the applicant is a party, or
(c) if the person had been served with a subpoena for production of the document in proceedings to which the applicant is a party.