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Civil Law (Wrongs) Act 2002
133AOrders for preliminary discovery about posters of digital
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133A Orders for preliminary discovery about posters of digital
matter
(1) This section applies if the court procedure law for a court allows a
person seeking to bring defamation proceedings for the publication of
digital matter to obtain an order for, or in the nature of, preliminary
discovery for either or both of the following purposes:
(a) to obtain information to assist in identifying the posters of the
matter;
(b) to obtain information to assist in locating physical or digital
addresses for the posters of the matter to allow concerns notices
to be given to them or defamation proceedings against them to
be commenced.
(2) Despite anything to the contrary in the court procedure law for a
court, the court must take the following matters into account before
making an order mentioned in subsection (1):
(a) the objects of this chapter;
(b) privacy, safety or other public interest considerations that may
arise if the order is made.
Example—par (b)
evidence suggesting the poster of digital matter is in fear of family violence
from the person seeking an order to obtain the poster’s address
(3) This section does not limit the matters the court may take into account
before making an order mentioned in subsection (1).
court procedure law for a court means—
(a) rules of court for the court; or
(b) an Act or other legislation that regulates the practice or
procedure of the court; or
(c) the general law concerning the inherent or implied jurisdiction
or powers of the court.