Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(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 .