List of documents




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Form 38

Rule 20.17(1)



List of documents

No.       of 20     

Federal Court of Australia

District Registry: [State]

Division: [Division]

[Name of First Applicant] [if 2 or more add "and another" or "and others"]

Applicant[s]



[Name of First Respondent] [if 2 or more add "and another" or "and others"]

Respondent[s]

Pursuant to the order for discovery made on [date], the [role of party eg Respondent] makes this list of documents and affidavit.

Affidavit

On [date], I [name address and occupation] [*either]say on oath [*or]affirm:



  1. [*Either]I am the [role of party eg Respondent] [*or]I am the [position of officer eg director] of the [role of party eg Respondent] and I am authorised to make this affidavit on the [role of party eg Respondent]’s behalf.

  2. I have made reasonable enquiries as to the existence and location of the documents specified in the order.

  3. To the best of my [*]knowledge [*or]knowledge, information and belief, there are no documents specified in the order that are or have been in [*if deponent is the party]my control [*or]the control of [the party/person ordered to make the list of documents], other than the documents specified in this list of documents.

  4. The documents set out in part 1 are in [*if deponent is the party]my control [*or]the control of [the party/person ordered to make the list of documents] and I do not claim privilege from production for any of these documents.

  5. The documents set out in part 2 are in [*if deponent is the party]my control [*or]the control of [the party/person ordered to make the list of documents] but I claim privilege from production of each of these documents on the grounds set out in part 2.

  6. The documents set out in part 3 have been but are no longer in [*if deponent is the party]my control [*or]the control of [the party/person ordered to make the list of documents]. Details of when each document was last in [*if deponent is the party]my control [*or]the control of [the party/person ordered to make the list of documents] and what became of it are set out in part 3.




Sworn / Affirmed by the deponent

at [place]

in [State or Territory]

on [date]

Before me:


)

)

)



)

)




Signed by deponent








Signed by witness
[Name and qualification of witness]
[the deponent and witness must sign each page of the affidavit]

Inspection of documents

The documents set out in part 1 may be inspected at [address] on [insert date(s) and time(s)].


Date: [eg 19 June 20..]



Signed by [Name]

[Insert capacity eg Applicant / Lawyer for the Applicant]



[* Delete if inapplicable]


Part 1 - Documents in the control of [role of party eg the Respondent / person]

No.

Description of document(s) / category

Number of documents in category (if applicable)

Date/period



[Describe each category of documents in the party's control sufficiently to identify the category but not necessarily the particular document]

[Describe each document as original or copy]
































































Part 2 – Documents in the control of [role of party eg the Respondent / person] for which privilege from production is claimed

No.

Description of document

Date of document

State grounds of privilege



[Describe each document for which privilege from production is claimed]



















































Part 3 – Documents that have been but are no longer in the control of [role of party eg the Respondent / person]

No.

Description of document

Date of document

What became of document



[Describe each document that has been, but is no longer in the party/person's control]




[State when document was last in the control of the party / person and what became of it]








































Filed on behalf of (name & role of party)




Prepared by (name of person/lawyer)




Law firm (if applicable)




Tel




Fax




Email




Address for service
(include state and postcode)




.

[Form approved 01/08/2011]





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