39—Delivery up of legal papers
(1) A court may, on
the application of any person, order a person to whom this section applies to
deliver up documents—
(a) held
by the person; or
(b)
relating to proceedings taken or work done by the person on behalf of the
applicant.
(2) The powers
conferred by subsection (1) may be exercised notwithstanding the
existence of a lien on the documents.
(3) An order may be
made under this section on such terms and conditions as the court thinks fit
and, in particular, on conditions protecting the rights of the person against
whom the order is made to costs for legal work done by the person on behalf of
the applicant.
(4) This section
applies to—
(a) a
legal practitioner; and
(b) a
former legal practitioner; and
(c) an
Australian-registered foreign lawyer; and
(d) a
former Australian-registered foreign lawyer; and
(e) an
incorporated legal practice.