Supreme Court of Judicature (Protection from Harassment) Rules 2021 · As enacted · Part 2 · Simplified Proceedings
23. Order for discovery and production of documents
Feedback & supportA Protection from Harassment Court or the Registrar may order the discovery and production of any document at any stage of simplified proceedings before the Court or Registrar (as the case may be) if the Court or Registrar considers that the order is necessary either for the fair disposal of the claim or for the saving of costs.
Where any party claims privilege in relation to or objects to the production of any document, the Protection from Harassment Court or Registrar may —
inspect the document to determine whether the document is privileged from production or should not be ordered to be produced for any other reason; and
if the Court or Registrar determines otherwise, order the production of the document.
If any party fails to comply with an order (made under this rule or otherwise) by a Protection from Harassment Court or the Registrar for the discovery or production of any document, the Court or Registrar may make such order as the Court or Registrar thinks fit, including an order that the claim be dismissed or the response be struck out, as the case may be.
Subregulation 1
A Protection from Harassment Court or the Registrar may order the discovery and production of any document at any stage of simplified proceedings before the Court or Registrar (as the case may be) if the Court or Registrar considers that the order is necessary either for the fair disposal of the claim or for the saving of costs.
Subregulation 2
Where any party claims privilege in relation to or objects to the production of any document, the Protection from Harassment Court or Registrar may —
inspect the document to determine whether the document is privileged from production or should not be ordered to be produced for any other reason; and
if the Court or Registrar determines otherwise, order the production of the document.
Subregulation 3
If any party fails to comply with an order (made under this rule or otherwise) by a Protection from Harassment Court or the Registrar for the discovery or production of any document, the Court or Registrar may make such order as the Court or Registrar thinks fit, including an order that the claim be dismissed or the response be struck out, as the case may be.