Supreme Court Rules Amendment Order (No. 4) 1993 (Qld)

Queensland Subordinate Legislation 1993 No. 150 Supreme Court Act 1921 SUPREME COURT RULES AMENDMENT ORDER (No. 4) 1993 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Amended rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Amendment of Order 35 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4 Amendment of Order 40 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 5 Amendment of Schedule 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

2 Supreme Court Rules Amendment (No. 4) No. 150, 1993 ˙ Short title 1. This order in council may be cited as the Supreme Court Rules Amendment Order (No. 4)1993 . ˙ Amended rules 2. The Rules of the Supreme Court are amended as set out in this order. ˙ Amendment of Order 35 3. Order 35, rule 28— omit. ˙ Amendment of Order 40 4. Order 40 (after rule 38)— insert— ‘3A. NON-PARTY DISCOVERY ‘Writ of non-party discovery ‘38A. A party to a cause may, by writ of non-party discovery, require a person who is not a party to the cause, to produce to the party a document that— (a) relates to the matter in question in the cause; and (b) is in the person’s possession or control; and (c) the person could be required to produce at the trial of the matter. ‘Form and service of writ ‘38B. The writ must— (a) be in Form 169A of Schedule 1; and (b) be served within 7 days after its issue in the same way as a writ of summons.

3 Supreme Court Rules Amendment (No. 4) No. 150, 1993 ‘Application to set aside or vary writ ‘38C. The respondent to the writ may, within 14 days after its service, apply to a Judge to have it set aside or varied, and the Judge may make such order as the Judge determines. ‘Privilege or objection to discovery ‘38D. If, in relation to the production of a document, the respondent— (a) makes a claim of privilege; or (b) otherwise objects to its production; or (c) fails to produce it; the applicant for the writ, or the respondent, may apply to a Judge for a determination in relation to the claim or objection or failure to produce the document, and the Judge may make such order as the Judge determines. ‘Production and copying of documents ‘38E.(1) Subject to any order under rules 38C and 38D, the respondent must, within 14 days after the service of the writ, produce the document specified in the writ for inspection by the applicant at the place of business of the respondent or the respondent’s solicitor within ordinary business hours, unless the applicant and the respondent agree to the document’s production at some other place or time. ‘(2) The applicant may copy the produced document. ‘Costs ‘38F. The respondent’s costs and expenses of producing the document must be paid by the applicant after being taxed, unless the applicant and the respondent agree otherwise. ’.

4 Supreme Court Rules Amendment (No. 4) No. 150, 1993 ˙ Amendment of Schedule 1 5.(1) Schedule 1, Part 5, Section 3— omit ‘ A.—SUBPOENAS AND ORDERS AND NOTICES TO PRODUCE WITNESSES ’, insert ‘ A.—SUBPOENAS, ORDERS AND NOTICES TO PRODUCE WITNESSES, WRIT OF NON-PARTY DISCOVERY ’. (2) Schedule 1, after Form 169— insert— ‘ No. 169A—WRIT OF NON-PARTY DISCOVERY (O.40, r. 38A) (Title etc. as in Form No. 167) ELIZABETH THE SECOND ETC. To: ( the names of not more than 3 respondents may be inserted ) We command you that, within 14 days after the day of service of this writ on you, you must— (a) produce the document(s) mentioned or described in the Schedule at your place of business or at that of your solicitor at a time within ordinary business hours, unless the applicant and you agree otherwise; and (b) permit the applicant ( insert name ) to copy the document(s); but, if— (c) you make a claim of privilege in relation to a document or otherwise object to produce a document; and (d) the applicant does not accept the claim or objection; you may apply to a Judge to determine the claim or objection; and take notice— (e) that you may, within 14 days after service of this writ on you, apply to a Judge to have it set aside or varied; and

5 Supreme Court Rules Amendment (No. 4) No. 150, 1993 (f) that your costs and expenses of producing the document(s) will be paid by the applicant after being taxed, unless the applicant and you agree otherwise. SCHEDULE The address and telephone number of the applicant are: Witness etc. ‘ No. 169B—PRAECIPE FOR WRIT OF NON-PARTY DISCOVERY (Title etc. as in Form No. 167) Seal a Writ of Non-Party Discovery directed to: Dated etc. (To be signed by the party or party’s solicitor) ’. ENDNOTES 1. Made by the Governor in Council on 20 May 1993. 2. Notified in the Gazette on 21 May 1993. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Justice and Attorney-General. The State of Queensland 1993