Uniform Civil Procedure (Amendment No 91) Rule 2019 (NSW)

New South Wales

Uniform Civil Procedure (Amendment No 91)

Rule 2019

under the

Civil Procedure Act 2005

The Uniform Rules Committee has made the following rule of court under the Civil Procedure

Act 2005.

Rebel Kenna

Secretary of the Uniform Rules Committee

Explanatory note

The object of this Rule is to amend the Uniform Civil Procedure Rules 2005, following Hancock v Rinehart

[2016] NSWSC 12, to make it clear:

(a)	that when an objection is made to the production of a document on the ground of privilege, access to the document must not be granted unless and until the objection is overruled, and
(b)	that the production of a document to the court under a claim for privilege does not constitute a waiver of privilege.

Uniform Civil Procedure (Amendment No 91) Rule 2019 [NSW]

Uniform Civil Procedure (Amendment No 91) Rule 2019

under the

Civil Procedure Act 2005

1      Name of Rule

This Rule is the Uniform Civil Procedure (Amendment No 91) Rule 2019.

2      Commencement

This Rule commences on the day on which it is published on the NSW legislation website.

3 Amendment of Uniform Civil Procedure Rules 2005

Rule 1.9 Objections to production of documents and answering of questions

founded on privilege

Insert after rule 1.9 (4):

(4A)	If a document is produced, and a person objects to the production of the document on the ground that the document is a privileged document, access to the document must not be granted unless and until the objection is overruled.
(4B)	The production of a document to the court under a claim for privilege does not constitute a waiver of privilege.
(4C)	Subrules (4A) and (4B) extend to documents produced before the commencement of those subrules.