sec.975HInspection and copying of documents filed in proceedings

### sec.975H Inspection and copying of documents filed in proceedings Subject to subrules (2) and (4) , any person may, under this rule, inspect any document filed in a proceeding. A person who is not a party to a proceeding may not inspect any of the following documents filed in the proceeding— an originating process, if none of the following have been filed in the proceeding— a notice of intention to defend; a notice of address for service; an application for an order under rule 16 ; an affidavit; an exhibit to an affidavit; a witness statement or summary; a document produced as directed by a subpoena; an expert report; a written submission, outline of argument or chronology. However, subrule (2) does not apply in relation to a document that— has been read or relied on in open court; or has been relied on in an application decided without a hearing. No person may inspect a document filed in a proceeding if— the court has ordered that the document be confidential or that access to the document be restricted; or publication of the document is otherwise restricted. A person may make a request to inspect or obtain a copy of a document filed in a proceeding only if— the person is entitled under subrule (1) to inspect the document; or the court has made an order under rule 975I permitting the person to inspect the document. A request under subrule (5) must— be in the approved form; and be accompanied by the prescribed fee, if— the request is made by a person who is not a party to the proceeding; or for a request made by a party to the proceeding—the request is for a copy of a document. A copy of a document provided under this rule must have the words ‘copy’ or ‘certified copy’, as the case may be, marked on it in the way the registrar decides. r 975H prev r 975H ins 2003 SL No. 87 s 3 amd 2011 SL No. 296 s 33 om 2018 SL No. 127 s 70 pres r 975H ins 2024 SL No. 4 s 30 (sec.975H-ssec.1) Subject to subrules (2) and (4) , any person may, under this rule, inspect any document filed in a proceeding. (sec.975H-ssec.2) A person who is not a party to a proceeding may not inspect any of the following documents filed in the proceeding— an originating process, if none of the following have been filed in the proceeding— a notice of intention to defend; a notice of address for service; an application for an order under rule 16 ; an affidavit; an exhibit to an affidavit; a witness statement or summary; a document produced as directed by a subpoena; an expert report; a written submission, outline of argument or chronology. (sec.975H-ssec.3) However, subrule (2) does not apply in relation to a document that— has been read or relied on in open court; or has been relied on in an application decided without a hearing. (sec.975H-ssec.4) No person may inspect a document filed in a proceeding if— the court has ordered that the document be confidential or that access to the document be restricted; or publication of the document is otherwise restricted. (sec.975H-ssec.5) A person may make a request to inspect or obtain a copy of a document filed in a proceeding only if— the person is entitled under subrule (1) to inspect the document; or the court has made an order under rule 975I permitting the person to inspect the document. (sec.975H-ssec.6) A request under subrule (5) must— be in the approved form; and be accompanied by the prescribed fee, if— the request is made by a person who is not a party to the proceeding; or for a request made by a party to the proceeding—the request is for a copy of a document. (sec.975H-ssec.7) A copy of a document provided under this rule must have the words ‘copy’ or ‘certified copy’, as the case may be, marked on it in the way the registrar decides. - (a) an originating process, if none of the following have been filed in the proceeding— (i) a notice of intention to defend; (ii) a notice of address for service; (iii) an application for an order under rule 16 ; - (i) a notice of intention to defend; - (ii) a notice of address for service; - (iii) an application for an order under rule 16 ; - (b) an affidavit; - (c) an exhibit to an affidavit; - (d) a witness statement or summary; - (e) a document produced as directed by a subpoena; - (f) an expert report; - (g) a written submission, outline of argument or chronology. - (i) a notice of intention to defend; - (ii) a notice of address for service; - (iii) an application for an order under rule 16 ; - (a) has been read or relied on in open court; or - (b) has been relied on in an application decided without a hearing. - (a) the court has ordered that the document be confidential or that access to the document be restricted; or - (b) publication of the document is otherwise restricted. - (a) the person is entitled under subrule (1) to inspect the document; or - (b) the court has made an order under rule 975I permitting the person to inspect the document. - (a) be in the approved form; and - (b) be accompanied by the prescribed fee, if— (i) the request is made by a person who is not a party to the proceeding; or (ii) for a request made by a party to the proceeding—the request is for a copy of a document. - (i) the request is made by a person who is not a party to the proceeding; or - (ii) for a request made by a party to the proceeding—the request is for a copy of a document. - (i) the request is made by a person who is not a party to the proceeding; or - (ii) for a request made by a party to the proceeding—the request is for a copy of a document.