Childrens Court Rules 2016
sec.53Party may request litigation director disclose document
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sec.53 Party may request litigation director disclose document
A party to a child protection proceeding may make a written request to the litigation director for disclosure of a particular document that is relevant to the proceeding. The written request must— for a document to which the Child Protection Act , section 190 applies—describe the document as required under subsections (2) and (3) of that section; or otherwise—include an adequate description of the document. The litigation director must respond to the request as soon as reasonably practicable after receiving the request. Subrules (5) and (6) apply if— the party makes a written request under subrule (1) for disclosure of a document before a court ordered conference; and there is no ground on which the litigation director may refuse to disclose the document under the Child Protection Act , section 191 (2) ; and the litigation director considers it would not be reasonably practicable to disclose the document before the court ordered conference. The litigation director may apply to the court for leave to disclose the document to the party by a particular day. The court may, on an application by the litigation director under subrule (5) , give leave to the litigation director to disclose the document to the party by any day and on any conditions the court considers appropriate. An application under subrule (5) is an application in a proceeding for these rules. See part 7 , division 2 for how this application is to be made in a proceeding. (sec.53-ssec.1) A party to a child protection proceeding may make a written request to the litigation director for disclosure of a particular document that is relevant to the proceeding. (sec.53-ssec.2) The written request must— for a document to which the Child Protection Act , section 190 applies—describe the document as required under subsections (2) and (3) of that section; or otherwise—include an adequate description of the document. (sec.53-ssec.3) The litigation director must respond to the request as soon as reasonably practicable after receiving the request. (sec.53-ssec.4) Subrules (5) and (6) apply if— the party makes a written request under subrule (1) for disclosure of a document before a court ordered conference; and there is no ground on which the litigation director may refuse to disclose the document under the Child Protection Act , section 191 (2) ; and the litigation director considers it would not be reasonably practicable to disclose the document before the court ordered conference. (sec.53-ssec.5) The litigation director may apply to the court for leave to disclose the document to the party by a particular day. (sec.53-ssec.6) The court may, on an application by the litigation director under subrule (5) , give leave to the litigation director to disclose the document to the party by any day and on any conditions the court considers appropriate. (sec.53-ssec.7) An application under subrule (5) is an application in a proceeding for these rules. See part 7 , division 2 for how this application is to be made in a proceeding.