supreme/district/magistratescourt of queensland




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SUPREME/DISTRICT/MAGISTRATESCOURT OF QUEENSLAND




REGISTRY:




NUMBER:





Plaintiff1:

(Insert Name)




AND

[First] Defendant2:

(Insert Name)




AND

[Second Defendant:]

(Insert Name)



NOTICE OF NON-PARTY DISCLOSURE



Issued with the authority of the NAME Court of Queensland and filed in the (place) Registry on (date) :

Registrar: (registrar to sign and seal)

To: (name of respondent required to produce documents), of (address), in this notice called “the nominated party”.


(if appropriate)3 AND TO [name person required to be served under Rule 244], of (address), in this notice called “the affected party”.
Between 7 and 14 days after the day of service of this notice on you, you must (for the purpose of the court determining this proceeding) produce the document(s) mentioned or described in the Schedule to the (plaintiff/defendant/third party), (in this notice called “the requesting party”) in accordance with this notice.
The allegation in the pleadings to which the document(s) is/are relevant is as follows: (identify allegation).

Schedule of documents
The following documents must be produced –


No.

Date

Description










  1. Obligations of nominated party





  1. The nominated party is required to produce to the requesting party the documents mentioned or described in the schedule of documents above.




  1. The nominated party is required to produce the documents between 7 and 14 days after being served with this notice.




  1. The nominated party is required to produce the documents-

  1. at the nominated party’s or a solicitor’s place of business during normal business hours; or

  2. as may be agreed between the nominated party and the requesting party.




  1. The requesting party may take copies of the documents produced pursuant to this notice.




  1. A failure by the nominated party to comply with the court-imposed obligations may result in the requesting party obtaining compliance orders and such orders as the Court may consider appropriate.




  1. The nominated party is entitled to the reasonable costs and expenses of producing documents. The nominated party must give notice of its costs and expenses within one month of compliance with this notice and the requesting party can pay those costs or cause the costs and expenses claimed to be assessed.

_____________________________________________________________________


  1. Nominated party’s rights





  1. The nominated party is only obliged to produce documents if-

  1. the documents relate to a matter in question between the parties to the proceeding;

  2. the document is in the possession or control of the nominated party;

  3. the document is capable of being required to be produced at trial;

  4. there is no other reasonably simple, inexpensive way for the requesting party to prove what the documents show.




  1. The nominated party is only obliged to produce documents if the requesting party has served a copy of this notice on-

  1. a person, other than a party to this proceeding named in the title, about whom information is sought; and

  2. the owner of the document if it is other than the nominated party. (If the owner of the document cannot be found after reasonable inquiry compliance with this sub-rule is excused.)




  1. The nominated party may object to production provided that such objection is given within 7 days of service of this notice or such other time as the Court may allow.



  1. The nominated party’s objection must –

  1. be written;

  2. served on the requesting party; and

  3. clearly state the reasons for objection.

Grounds for objection are contained in Rule 245(4) Uniform Civil Procedures Rules.




  1. Service of an objection is a stay of this notice and the objections may be challenged under Rule 247 Uniform Civil Procedure Rules by the requesting party.



C. Affected party’s rights 4

  1. The affected party (if any) may object to production provided that such objection is given within 7 days of service of this notice or such other time as the Court may allow.

  2. The affected party’s objection must-

  1. be written;

  2. be served on the requesting party or their solicitors; and

  3. Clearly state the reasons for objection.

Grounds for objection are contained in Rule 245(4) Uniform Civil Procedure Rules.



  1. Service of an objection is a stay of this notice and the objections may be challenged under Rule 247 Uniform Civil Procedure Rules by the requesting party.

  2. This notice must be served on all affected parties before service on the nominated party.

CERTIFICATE OF REQUESTING PARTY/SOLICITOR


Pursuant to Rule 243(1)(c) I certify that there is not available to the requesting party another reasonably simple and inexpensive way of proving the matter sought to be proved by the document(s) mentioned or described in the Schedule.
Signed: (by requesting party acting personally or the party’s solicitor)
Description: (of signatory eg. solicitor)
Dated: (insert date)
Filed by:

Party/solicitor:


Street address:

Post Address:

DX if any:

Telephone: ( ) Fax ( )

Other:
E-mail address if any:

Solicitor’s reference



Signed: (by requesting party or the party’s solicitor)
Description: (of signatory eg.solicitor)
Dated: (insert date)



1 For proceedings commenced by Originating Application for “Plaintiff” substitute “Applicant”


2 For proceedings commenced by Originating Application for “Defendant” substitute “Respondent”


3 May be omitted if there is no affected party.



4 If there is an affected party and Rule 244 applies, the solicitor must complete certificate in Form 20 if the affected party is not to be served.


NOTICE OF NON PARTY DISCLOSURE

Name:

Filed on Behalf of the Plaintiff (or Defendant etc)

Address:

Form 21, Version 1




Uniform Civil Procedure Rules 1999

Phone No:

Rule 243

Fax No:





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