21. Disclosure in maintenance proceedings (P. 3, r. 21)

Subject to this Rule, Part 9, Rules 1, 2, 3, 4, 7, 8, 11, 12, 13, 14, 15, 16 and 17 of these Rules apply in relation to the disclosure of documents in maintenance proceedings.

A party in any maintenance proceedings may seek disclosure of any document in the possession or control of any other party.

A party (called in this Rule the requesting party) may request for disclosure in accordance with paragraph (2) by filing a request for disclosure of documents in Form 31 at the time the requesting party files an affidavit under Rule 19.

The requesting party must, in the request for disclosure of documents, properly identify the document or documents sought from the other party.

The other party who receives the request for disclosure of documents (called in this Rule the disclosing party) may provide the document or documents identified in that request in the disclosing party’s reply affidavit filed under Rule 19.

Where the requesting party is dissatisfied with the disclosing party’s response to the requesting party’s request for disclosure of documents, the requesting party may apply to the Registrar for an order for disclosure against the disclosing party.

An application by the requesting party under paragraph (6) —

must be in Form 32; and

must rely only on any evidence in —

the request for disclosure of documents filed by the requesting party under paragraph (3);

any affidavit filed in accordance with Rule 19; and

any further affidavit filed by the requesting party in support of the application as the Court may allow.

No affidavit may be filed by the disclosing party in response to an application by the requesting party under paragraph (6) except with the Court’s approval.

The Registrar may, in determining the costs to be awarded to the requesting party in relation to an application under paragraph (6), have regard to —

whether the disclosing party, prior to the hearing of the application, provided any document or documents identified in the requesting party’s request for disclosure of documents under paragraph (3); and

the disclosing party’s reasons for not providing any document identified in that request.

Subject to this Rule, Part 9, Rules 1, 2, 3, 4, 7, 8, 11, 12, 13, 14, 15, 16 and 17 of these Rules apply in relation to the disclosure of documents in maintenance proceedings.

A party in any maintenance proceedings may seek disclosure of any document in the possession or control of any other party.

A party (called in this Rule the requesting party) may request for disclosure in accordance with paragraph (2) by filing a request for disclosure of documents in Form 31 at the time the requesting party files an affidavit under Rule 19.

The requesting party must, in the request for disclosure of documents, properly identify the document or documents sought from the other party.

The other party who receives the request for disclosure of documents (called in this Rule the disclosing party) may provide the document or documents identified in that request in the disclosing party’s reply affidavit filed under Rule 19.

Where the requesting party is dissatisfied with the disclosing party’s response to the requesting party’s request for disclosure of documents, the requesting party may apply to the Registrar for an order for disclosure against the disclosing party.

An application by the requesting party under paragraph (6) —

must be in Form 32; and

must rely only on any evidence in —

the request for disclosure of documents filed by the requesting party under paragraph (3);

any affidavit filed in accordance with Rule 19; and

any further affidavit filed by the requesting party in support of the application as the Court may allow.

No affidavit may be filed by the disclosing party in response to an application by the requesting party under paragraph (6) except with the Court’s approval.

The Registrar may, in determining the costs to be awarded to the requesting party in relation to an application under paragraph (6), have regard to —

whether the disclosing party, prior to the hearing of the application, provided any document or documents identified in the requesting party’s request for disclosure of documents under paragraph (3); and

the disclosing party’s reasons for not providing any document identified in that request.