District Court Act 1973 District Court Rule (Privileged Documents and Things) 1998 (1998-156) [GG No 56 of 20.3.1998, p 1633] (NSW)
1998 No 156
New South Wales
District Court Rule (Privileged
Documents and Things) 1998
under the
District Court Act 1973
The District Court Rule Committee made the following rule of court under the District Court Act 1973 on 5 March 1998.
J G Cowen
Secretary to the Rule Committee
Explanatory note
The object of this Rule is to amend the District Court Rules 1973 to confirm ( in accordance with recent authority) that certain provisions of the Evidence Act 1995 relating to privilege apply in relation to the pre-trial procedures involving the issue of subpoenas and notices to produce.
Published in Gazette No 56 of 20 March 1998, page 1633 Page 1
1998 No 156
| Clause 1 | District Court Rule (Privileged Documents and Things) 1998 |
District Court Rule (Privileged Documents and
Things) 1998
1 Name of Rule
This Rule is the District Court Rule (Privileged Documents and
Things) 1998.
2 Commencement
This Rule commences on 20 March 1998.
Amendment of District Court Rules 1973
The District Court Rules 1973 are amended as set out in
Schedule I .
4 Notes
The explanatory note does not form part of this Rule.
1998 No 156
District Court Rule (Privileged Documents and Things) 1998
Amendments Schedule 1 Schedule 1 Amendments
(Clause 3 )
[1] Part 28, rule 18
Insert “or the document or thing is a privileged document or thing” after “Court otherwise orders”.
[2] Part 28, rule 18 (2)
Insert at the end of rule 18:
(2) In this rule: privileged document or thing, in relation to a notice
referred to in subrule ( l ) , means:
(a) a document or thing of which evidence could not be adduced in an action over the objection of any person, by virtue of the operation of Part 3.10 (other than sections 128 and 130) of the Evidence Act 1995, (b) if the party on whom the notice is served is a natural person-a document or thing the contents or production of which may tend to prove that the party:
( i ) has committed an offence against or arising under an Australian law or a law of a foreign country, or
( i i ) is liable to a civil penalty, within the meaning of the Evidence Act 1995,
(c)
a document that relates to matters of state within the meaning of section 130 of the Evidence Act 1995, unless and until the Court directs that it cease to be a privileged document.
1998 No 156
District Court Rule (Privileged Documents and Things) 1998
| Schedule 1 | Amendments |
| [3] |
Part 29, rule 1
Insert after the definition of person named: privileged document or thing, in relation to a subpoena,
means:
(a) a document or thing of which evidence could not be adduced in an action over the objection of any person, by virtue of the operation of Part 3.10 (other than sections 128 and 130) of the Evidence Act 1995, (b) if the party on whom the subpoena is served is a natural person—a document or thing the contents or production of which may tend to prove that the party:
( i ) has committed an offence against or arising under an Australian law or a law of a foreign country, or
( i i ) is liable to a civil penalty, within the meaning of the Evidence Act 1995,
(c) a document that relates to matters of state within the meaning of section 130 of the Evidence Act 1995, unless and until the Court directs that it
cease to be a privileged document.
Part 29, rule 11
Insert after rule 10:
11 Application of Part 3.10 of Evidence Act 1995 Nothing in this Part compels a person on whom a subpoena is served to produce a privileged document or thing.
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