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DOMESTIC AND FAMILY VIOLENCE PROTECTION RULES 2014 - REG 45
Inspecting subpoenaed documents
45 Inspecting subpoenaed documents
(1) This rule applies to a document that has been subpoenaed in a proceeding
and given to the clerk of a DFVP court.
(2) A person, including a party to a
proceeding, may not inspect or copy the document unless an
inspect and copy order allows the person to do so.
(3) The person may apply
to the DFVP court for an inspect and copy order for the document.
(4) The
DFVP court may make an inspect and copy order for the document only if— (a)
the DFVP court has given all of the parties to the proceeding a reasonable
opportunity to present evidence and to prepare and make submissions about the
application, including objecting to the making of the order; and
(b) the DFVP
court has considered submissions made by a party; and
(c) the DFVP court
considers it is appropriate in the circumstances to make the order.
(5) The
DFVP court may hear and refuse the application, or dismiss the application
without deciding it, even if the other parties to the proceeding have not been
given notice of the application.
(6) If the DFVP court makes an
inspect and copy order for the document, the person named in the order may
only— (a) inspect the document in the registry; and
(b) if the DFVP Court
orders that the person may copy the document—copy the document in the
registry.
(7) In this rule—
"inspect and copy order" , for a document, means an order made by a DFVP court
that authorises a person named in the order to inspect, or inspect and copy,
the document.
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