Commonwealth Numbered Regulations

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (FAMILY LAW) RULES 2021 (F2021L01197) - RULE 6.09

             (1)  After a proceeding has been allocated a first court date, a party (the requesting party ) may, by written notice, ask another party (the disclosing party ) to give the requesting party a list of documents to which the duty of disclosure applies.

             (2)  The disclosing party must, within 21 days after receiving the notice, serve on the requesting party a list of documents identifying:

                     (a)  the documents to which the duty of disclosure applies; and

                     (b)  the documents (if any) no longer in the disclosing party's possession or control to which the duty would otherwise apply (with a brief statement about the circumstances in which the documents left the party's possession or control); and

                     (c)  the documents (if any) for which privilege from production is claimed.

             (3)  If a document that must be disclosed is located by, or comes into the possession or control of, a disclosing party after service of the list under subrule (2), the party must disclose the document within 7 days after it is located or comes into the party's possession or control.