UNIFORM CIVIL PROCEDURE RULES 1999 - REG 975H Inspection and copying of documents filed in proceedings

UNIFORM CIVIL PROCEDURE RULES 1999 - REG 975H

975H Inspection and copying of documents filed in proceedings

(1) Subject to subrules (2) and (4) , any person may, under this rule, inspect any document filed in a proceeding.

(2) A person who is not a party to a proceeding may not inspect any of the following documents filed in the proceeding—

(a) an originating process, if none of the following have been filed in the proceeding—

(i) a notice of intention to defend;

(ii) a notice of address for service;

(iii) an application for an order under rule 16 ;

(b) an affidavit;

(c) an exhibit to an affidavit;

(d) a witness statement or summary;

(e) a document produced as directed by a subpoena;

(f) an expert report;

(g) a written submission, outline of argument or chronology.

(3) However, subrule (2) does not apply in relation to a document that—

(a) has been read or relied on in open court; or

(b) has been relied on in an application decided without a hearing.

(4) No person may inspect a document filed in a proceeding if—

(a) the court has ordered that the document be confidential or that access to the document be restricted; or

(b) publication of the document is otherwise restricted.

(5) A person may make a request to inspect or obtain a copy of a document filed in a proceeding only if—

(a) the person is entitled under subrule (1) to inspect the document; or

(b) the court has made an order under rule 975I permitting the person to inspect the document.

(6) A request under subrule (5) must—

(a) be in the approved form; and

(b) be accompanied by the prescribed fee, if—

(i) the request is made by a person who is not a party to the proceeding; or

(ii) for a request made by a party to the proceeding—the request is for a copy of a document.

(7) A copy of a document provided under this rule must have the words ‘copy’ or ‘certified copy’, as the case may be, marked on it in the way the registrar decides.