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FEDERAL COURT RULES - ORDER 46 RULE 6 Inspection of documents
(1)
A person may search in the Registry for, and inspect, a document
in a proceeding that is specified in subrule (2), unless the Court, or a Judge,
has ordered that the document is confidential.
(2)
For the purposes of subrule (1), the documents are:
(a)
an application or other originating process;
(b)
a notice of appearance;
(c)
a pleading or particulars of a pleading;
(d)
a notice of motion or other application;
(e)
a judgment;
(f)
an order;
(g)
a written submission;
(h)
a notice of appeal;
(i)
a notice of discontinuance;
(j)
a notice of change of solicitors;
(k)
a notice of ceasing to act;
(l)
in a proceeding to which Order 78 applies:
(i)
an affidavit accompanying an application, or an amended application, under
section 61 of the Native Title Act 1993;
(ii)
an extract from the Register of Native Title Claims received by the Court
from the Native Title Registrar;
(m)
reasons for judgment.
(3)
Except with the leave of the Court or a Judge, a person who is
not a party to a proceeding must not inspect any of the following documents in
the proceeding:
(a)
an affidavit (other than an affidavit mentioned in subparagraph (2) (l)
(i));
(b)
an unsworn statement of evidence filed in accordance with a direction
given by the Court or a Judge;
(c)
interrogatories or answers to interrogatories;
(d)
a list of documents given on discovery;
(e)
an admission;
(f)
evidence taken on deposition;
(h)
a subpoena or document lodged with the Registrar in answer to a subpoena
for production of a document;
(i)
a judgment, order, or other document that the Court has ordered is
confidential.
(4)
Except with the leave of the Court or a Judge, or with the
permission of the Registrar, a person who is not a party to a proceeding must
not inspect any document in the proceeding that is not referred to in subrule
(2)
or (3).
(5)
Except with the leave of the Court or a Judge, a party to a proceeding or
other person must not search in the Registry for, or inspect:
(a)
a transcript of the proceeding; or
(b)
a document filed in the proceeding to support an application for an order
that a document, evidence or thing be privileged from production.
(6)
A party to a proceeding or other person may copy a document in
the proceeding if:
(a)
the document is produced by the Court, a Judge or the Registrar for
inspection by the party or other person; and
(b)
the Registrar gives the party or other person permission to copy the
document; and
(c)
the party or other person has paid the prescribed fee.
(7)
In this Rule:
Native Title Registrar has the same meaning as in Order 78.
Register of Native Title Claims has the same meaning as in the
Native Title Act 1993.