ISX vs ASX, page-687

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Hi @Anaximines

My understanding is the material has to be relevant to the proceedings otherwise it wouldn't be in the orders.

Plenty of stuff on net. Following is a passage from the rulebook. Don't no if this is the current version or relevant etc. Good starting point.

@ChillingOut would be the best one to answer these type of legal / court proceeding questions. Would be interesting to hear you take on Anaximines question if you've got time. Cheers



FEDERAL COURT RULES 2011 - RULE 20.14 Standard discovery

FEDERAL COURT RULES 2011 - RULE 20.14

Standard discovery

(1) If the Court orders a party to give standard discovery, the party must give discovery of documents:

(a) that are directly relevant to the issues raised by the pleadings or in the affidavits; and

(b) of which, after a reasonable search, the party is aware; and

(c) that are, or have been, in the party's control.

(2) For paragraph (1)(a), the documents must meet at least one of the following criteria:

(a) the documents are those on which the party intends to rely;

(b) the documents adversely affect the party's own case;

(c) the documents support another party's case;

(d) the documents adversely affect another party's case.

(3) For paragraph (1)(b), in making a reasonable search, a party may take into account the following:

(a) the nature and complexity of the proceeding;

(b) the number of documents involved;

(c) the ease and cost of retrieving a document;

(d) the significance of any document likely to be found;

(e) any other relevant matter.

(4) In this rule, a reference to an affidavit is a reference to:

(a) an affidavit accompanying an originating application; and

(b) an affidavit in response to the affidavit accompanying the originating application.

Note: Control is defined in the Dictionary.


http://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/cth/consol_reg/fcr2011186/s20.14.html

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