ACTIn ForceRegulation
Court Procedures Rules
609Claim for privilege—challenge etc
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609 Claim for privilege—challenge etc
(a) a party claims in the party’s list of documents that a document
is privileged from production; and
(b) another party challenges the claim by letter given to the party
making the claim.
(2) The party making the claim must file and serve on the other party an
affidavit stating the claim not later than 7 days after the day the party
making the claim receives the letter from the other party challenging
the claim.
(3) The affidavit must be made by an individual who knows the facts
giving rise to the claim.
(4) On application by the party making the claim or a party challenging
the claim, the court may decide a dispute about whether a document
is privileged.
Note 1 For privilege, see the Evidence Act, pt 3.10.
under this rule in relation to a dispute.
Rule 610