sec.103Return of exhibits

sec.103 Return of exhibits

This rule applies to an exhibit held by the court in a finalised proceeding. The registrar may give written notice to a party, the lawyer for a party or any other person who appears to the registrar to be the owner or person entitled to possession of the exhibit, to collect the exhibit from the registry within 28 days. If the exhibit is not collected from the registry within 3 months after the notice is given, the registrar may destroy or otherwise dispose of the exhibit in the way the registrar considers appropriate. The registrar may apply to the court at any time for an order about the return, destruction or other disposal of an exhibit. If the registrar returns, destroys or otherwise disposes of an exhibit under this rule, the registrar must ensure a note is placed on the court file specifying the exhibit and details of the person to whom it was returned or the way in which it was destroyed or otherwise disposed of. In this rule— exhibit includes an unfiled document held by the court. finalised proceeding means a proceeding— in which the court has dismissed an application without deciding it; or in which an application has been withdrawn; or in which a court assessment order, a child protection order or an order under the Adoption Act has been made if— 3 months have passed since the order was made and no notice of appeal has been filed starting an appeal in relation to the proceeding; or an appeal in relation to the proceeding has been decided and— 3 months have passed since the decision and no application for special leave to appeal to the High Court from the decision has been filed; or an application for special leave to appeal to the High Court from the decision has been decided other than by the grant of special leave and 3 months have passed since the High Court’s decision; or 1 month has passed since an appeal to the High Court in relation to the proceeding has been decided, other than by granting a new trial or remitting the proceeding to another court for the making of an order. (sec.103-ssec.1) This rule applies to an exhibit held by the court in a finalised proceeding. (sec.103-ssec.2) The registrar may give written notice to a party, the lawyer for a party or any other person who appears to the registrar to be the owner or person entitled to possession of the exhibit, to collect the exhibit from the registry within 28 days. (sec.103-ssec.3) If the exhibit is not collected from the registry within 3 months after the notice is given, the registrar may destroy or otherwise dispose of the exhibit in the way the registrar considers appropriate. (sec.103-ssec.4) The registrar may apply to the court at any time for an order about the return, destruction or other disposal of an exhibit. (sec.103-ssec.5) If the registrar returns, destroys or otherwise disposes of an exhibit under this rule, the registrar must ensure a note is placed on the court file specifying the exhibit and details of the person to whom it was returned or the way in which it was destroyed or otherwise disposed of. (sec.103-ssec.6) In this rule— exhibit includes an unfiled document held by the court. finalised proceeding means a proceeding— in which the court has dismissed an application without deciding it; or in which an application has been withdrawn; or in which a court assessment order, a child protection order or an order under the Adoption Act has been made if— 3 months have passed since the order was made and no notice of appeal has been filed starting an appeal in relation to the proceeding; or an appeal in relation to the proceeding has been decided and— 3 months have passed since the decision and no application for special leave to appeal to the High Court from the decision has been filed; or an application for special leave to appeal to the High Court from the decision has been decided other than by the grant of special leave and 3 months have passed since the High Court’s decision; or 1 month has passed since an appeal to the High Court in relation to the proceeding has been decided, other than by granting a new trial or remitting the proceeding to another court for the making of an order.