New South Wales Consolidated Regulations

UNIFORM CIVIL PROCEDURE RULES 2005 - REG 1.9

1.9 Objections to production of documents and answering of questions founded on privilege

(cf SCR Part 36, rule 13; DCR Part 28, rule 16)

(1) This rule applies in the following circumstances--

(a) if the court orders a person, by subpoena or otherwise, to produce a document to the court or to an authorised officer,

(b) if a party requires another party, by notice under rule 34.1, to produce a document to the court or to an authorised officer,

(c) if a question is put to a person in the course of an examination before the court or an authorised officer.

(2) In subrule (1),
"authorised officer" means--

(a) any officer of the court, or

(b) any examiner, referee, arbitrator or other person who is authorised by law to receive evidence.

(3) A person may object to producing a document on the ground that the document is a privileged document or to answering a question on the ground that the answer would disclose privileged information.

(4) A person objecting under subrule (3) may not be compelled to produce the document, or to answer the question, unless and until the objection is overruled.

(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.

(5) For the purpose of ruling on the objection--

(a) evidence in relation to the claim of privilege may be received from any person, by affidavit or otherwise, and

(b) cross-examination may be permitted on any affidavit used, and

(c) in the case of an objection to the production of a document, the person objecting may be compelled to produce the document.

(6) This rule does not affect any law that authorises or requires a person to withhold a document, or to refuse to answer a question, on the ground that producing the document, or answering the question, would be injurious to the public interest.