Commonwealth Numbered Regulations Commonwealth Numbered Regulations(1) A party may inspect any document in a proceeding except:
(a) a document for which a claim of privilege has been made:
(i) but not decided by the Court; or
(ii) that the Court has decided is privileged; or
(b) a document that the Court or a Registrar has ordered be confidential.
(2) A person who is not a party may inspect the following documents in a proceeding in the appropriate registry:
(a) an application starting the proceeding or a cross-claim;
(b) a response or reply;
(c) a notice of address for service;
(d) a pleading or particulars of a pleading or similar document;
(e) a statement of agreed facts or an agreed statement of facts;
(f) an application in a proceeding;
(g) a judgment or an order of the Court;
(h) a notice of discontinuance;
(i) a notice of change of lawyer;
(j) a notice of withdrawal;
(k) reasons for judgment;
(l) a transcript of a hearing heard in open court.
(3) However, a person who is not a party is not entitled to inspect a document if:
(a) the Court or a Registrar has ordered the document be confidential; or
(b) the person is not entitled to inspect the document because of a suppression order or non-publication order by the Court.
Note: For the power of the Court to make a suppression order or non-publication order, see sections 230 and 233 of the Act.
(4) A person may apply to the Court or a Registrar for leave to inspect a document that the person is not otherwise entitled to inspect.
(5) A person may be given a copy of a document, except a copy of the transcript in the proceeding, if the person:
(a) is entitled to inspect the document; and
(b) has paid the prescribed fee.
Note 1: For the prescribed fee, see the Federal Court and Federal Circuit and Family Court Regulations 2012.
Note 2: If there is no order that a transcript is confidential, a person may, on payment of the applicable charge, obtain a copy of the transcript of a proceeding from the Court's transcript provider.