SAIn ForceAct
Legal Practitioners Act 1981
Div 6Delivery up of legal papers
Start here
Get a plain-English read of Div 6
Turn the raw legal text into a practical explanation grounded in Legal Practitioners Act 1981.
Division 6—Delivery up of legal papers
39—Delivery up of legal papers
(1) A court may, on the application of any person, order a person to whom this section applies to deliver up documents—
(a) held by the person; or
(b) relating to proceedings taken or work done by the person on behalf of the applicant.
(2) The powers conferred by subsection (1) may be exercised notwithstanding the existence of a lien on the documents.
(3) An order may be made under this section on such terms and conditions as the court thinks fit and, in particular, on conditions protecting the rights of the person against whom the order is made to costs for legal work done by the person on behalf of the applicant.
(4) This section applies to—
(a) a legal practitioner; and
(b) a former legal practitioner; and
(c) an Australian-registered foreign lawyer; and
(d) a former Australian-registered foreign lawyer; and
(e) an incorporated legal practice.