ACTIn ForceRegulation
Court Procedures Rules
664Notice for non-party production—privilege or objection
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664 Notice for non-party production—privilege or objection
(a) the respondent to a notice for non-party production in a
proceeding or any other party to the proceeding—
(i) claims that a document mentioned in the notice is
privileged from production; or
(ii) otherwise objects to its production; or
(b) someone else who would be affected by the notice and who has
not been served with the notice is given leave to object to the
production of a document mentioned in the notice.
(2) The person objecting must give notice of the objection to the
applicant for the notice and, if required by the applicant, file an
affidavit, and serve a stamped copy on the applicant, stating—
(a) the document that the person objects to being produced; and
(b) the reasons the person claims privilege or otherwise objects to
the document being produced.
(3) The reasons for objection may include, but are not limited to, the
(a) if the person objecting is the respondent—the expense and
inconvenience likely to be incurred by the respondent in
complying with the notice;
(b) the lack of relevance to the proceeding of the document;
(c) the lack of particularity with which the document is described;
(d) the confidential nature of the document or its contents;
(e) the effect disclosure would have on anyone;
Rule 665
(f) if the person objecting was not served with the notice—the fact
that the person should have been served.
(4) The person objecting need not produce the document and the
applicant for the notice, the respondent or another party to the
proceeding may apply to the court for orders in relation to the claim
or objection.
(5) On application under this rule, the court may make the orders it