Commonwealth Numbered Regulations

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (FAMILY LAW) RULES 2021 (F2021L01197) - RULE 6.37

             (1)  This rule applies if:

                     (a)  the court issues a subpoena for production of a document under rule 6.26; and

                     (b)  the issuing party serves a copy of the subpoena on each other party, any interested person and any independent children's lawyer in accordance with rule 6.30, at least 10 days before the day stated in the subpoena for production; and

                     (c)  the issuing party files a notice of request to inspect in an approved form.

             (2)  If a person subpoenaed, another party or an interested person has not made an objection under rule 6.38 by the date required for production, each party and independent children's lawyer (if any) may, after that day:

                     (a)  inspect a subpoenaed document; and

                     (b)  take copies of a subpoenaed document, other than a child welfare record, criminal record, medical record or police record.

Note:          For child welfare record , criminal record , medical record and police record , see rule 1.05.

             (3)  Unless otherwise ordered, the inspection is by appointment and without an order.

Note:          For child welfare records, there may be restrictions on inspection imposed by protocols entered into between the court and the relevant child welfare department.